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Direct Spousal Visa

By CrystalDream in Direct Consular Filing (DCF) General Discussion

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CrystalDream Rookie

CrystalDream   0

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I was wondering if anyone could tell me: My fiance and I were hoping to file a Direct Spousal Visa when I travel to the country where he lives (he is Iraqi but works and lives in the United Arab Emirates). The embassy there told me that have this service, but, I would need to live there and/or be a longtime resident. In other words I can't go there for the purpose of getting a Direct Spousal Visa. I was advised by the embassy to file here in the United States. Does this mean that I can obtain a Direct Spousal Visa from here in the USA?? Or, do you think they mean that I must look into a Fiance Visa or Spousal visa? Thanks so much! (F)

Boiler Grand Master

Boiler   45,733

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Filed: K-1 Visa Country: Wales
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I was wondering if anyone could tell me: My fiance and I were hoping to file a Direct Spousal Visa when I travel to the country where he lives (he is Iraqi but works and lives in the United Arab Emirates). The embassy there told me that have this service, but, I would need to live there and/or be a longtime resident. In other words I can't go there for the purpose of getting a Direct Spousal Visa. I was advised by the embassy to file here in the United States. Does this mean that I can obtain a Direct Spousal Visa from here in the USA?? Or, do you think they mean that I must look into a Fiance Visa or Spousal visa? Thanks so much! (F)

No country does DCF for a Fiancee so the issue is no relevant, K1 is the only route.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

CrystalDream Rookie

CrystalDream   0

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I was wondering if anyone could tell me: My fiance and I were hoping to file a Direct Spousal Visa when I travel to the country where he lives (he is Iraqi but works and lives in the United Arab Emirates). The embassy there told me that have this service, but, I would need to live there and/or be a longtime resident. In other words I can't go there for the purpose of getting a Direct Spousal Visa. I was advised by the embassy to file here in the United States. Does this mean that I can obtain a Direct Spousal Visa from here in the USA?? Or, do you think they mean that I must look into a Fiance Visa or Spousal visa? Thanks so much! (F)

No country does DCF for a Fiancee so the issue is no relevant, K1 is the only route.

I was wondering if anyone could tell me: My fiance and I were hoping to file a Direct Spousal Visa when I travel to the country where he lives (he is Iraqi but works and lives in the United Arab Emirates). The embassy there told me that have this service, but, I would need to live there and/or be a longtime resident. In other words I can't go there for the purpose of getting a Direct Spousal Visa. I was advised by the embassy to file here in the United States. Does this mean that I can obtain a Direct Spousal Visa from here in the USA?? Or, do you think they mean that I must look into a Fiance Visa or Spousal visa? Thanks so much! (F)

No country does DCF for a Fiancee so the issue is no relevant, K1 is the only route.

AussieDude Explorer

AussieDude   0

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Filed: Timeline
Posted

I was wondering if anyone could tell me: My fiance and I were hoping to file a Direct Spousal Visa when I travel to the country where he lives (he is Iraqi but works and lives in the United Arab Emirates). The embassy there told me that have this service, but, I would need to live there and/or be a longtime resident. In other words I can't go there for the purpose of getting a Direct Spousal Visa. I was advised by the embassy to file here in the United States. Does this mean that I can obtain a Direct Spousal Visa from here in the USA?? Or, do you think they mean that I must look into a Fiance Visa or Spousal visa? Thanks so much! (F)

As CrystalDream has pointed out, you can't file for DCF unless you are married to the person. In some countries, you can go and marry your partner there and may be able to apply for DCF. However, each country's US consulate has different rules about how long the USC needs to have been living with their foreign spouse in that country before they allow you to file for DCF.

In your situation, the fact that your partner might not be from the Emirates may not matter as long as he has been a legal resident there for a given amount of time.

Whether they allow for you to file for DCF once you are married will depend on their local requirement about you being a resident there.

In any case, if you plan on bringing your partner to the US BEFORE you are married, your only option is a K1 visa, which is for fiance/fiancees, and you can only file for those ONLY inside the US.

If you plan on bringing him to the US after you are married, you may be able to to do a DCF depending on the local rules in the Emirates about how long the USC must have lived there before they can do a DCF.

Otherwise, you can sponsor him directly from the US on a K3 or IR1/CR1 visa (again you need to be married BEFORE you can take these options) which are longer than a DCF but may be the only options available to you.

See the different K1/K3/IR1/CR1 forums for more information.

CrystalDream Rookie

CrystalDream   0

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Thank you Boiler for your reply, but I need to clarify something. I am not trying to get a Direct Spousal Visa for my fiance, but, rather, we plan to marry when I travel to the United Arab Emirates. So, in that case, do you think from my original post that since I need to be a long time resident in the UAE or permanent rersident in the UAE that what the embassy was telling me is that I COULD get a Direct Spousal Filing Visa from HERE in the United States in lieu of my fiance's country (when I am married to him?) Is that possible? Or, are my only options to apply for a fiance visa or regular spousal visa (not direct filing spousal visa?) Thanks

AussieDude Explorer

AussieDude   0

Posted
Filed: Timeline
Posted

I was wondering if anyone could tell me: My fiance and I were hoping to file a Direct Spousal Visa when I travel to the country where he lives (he is Iraqi but works and lives in the United Arab Emirates). The embassy there told me that have this service, but, I would need to live there and/or be a longtime resident. In other words I can't go there for the purpose of getting a Direct Spousal Visa. I was advised by the embassy to file here in the United States. Does this mean that I can obtain a Direct Spousal Visa from here in the USA?? Or, do you think they mean that I must look into a Fiance Visa or Spousal visa? Thanks so much! (F)

As CrystalDream has pointed out, ---snip---

I'm sorry, I meant as Boiler has pointed out.

CrystalDream Rookie

CrystalDream   0

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I was wondering if anyone could tell me: My fiance and I were hoping to file a Direct Spousal Visa when I travel to the country where he lives (he is Iraqi but works and lives in the United Arab Emirates). The embassy there told me that have this service, but, I would need to live there and/or be a longtime resident. In other words I can't go there for the purpose of getting a Direct Spousal Visa. I was advised by the embassy to file here in the United States. Does this mean that I can obtain a Direct Spousal Visa from here in the USA?? Or, do you think they mean that I must look into a Fiance Visa or Spousal visa? Thanks so much! (F)

As CrystalDream has pointed out, ---snip---

I'm sorry, I meant as Boiler has pointed out.

I was wondering, if it's not possible to obtain a Direct Spousal Filing Visa for my fiance (whom I will marry there) in the country where he lives, is it possible to file for the Direct Spousal Filing Visa from here in the United States? Or, are my only options to obtain a Fiance Visa or another type of Spousal visa (not the Direct Spousal Filing Visa)? Thanks

Candace Collaborator

Candace   2

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Filed: Citizen (pnd) Country: England
 Timeline
Posted

Hello. I think you're getting confused regarding the application for a visa and the use thereof.

Are you saying you are planning to marry in the UAE, then you are going to return to the US to file for your (what will be) husband to come and live with you there? If you explain your exact situation people can advise you better. When are you planning to marry/file?

What you have said in your first post is that you cannot file DCF in the UAE because of the residency requirements of the embassy there. SO - DCF is out for you. Your options would be to bring your fiancee over to the US on a fiancee visa or a spousal visa, depending (naturally) on whether you are married or not at the time of application. Check out the guides at the top of each forum and see if that helps you to determine which one is for you.

Good luck.

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sadie33138 Enthusiast

sadie33138   0

Posted
Filed: Citizen (pnd) Country: New Zealand
 Timeline
Posted

I was wondering if anyone could tell me: My fiance and I were hoping to file a Direct Spousal Visa when I travel to the country where he lives (he is Iraqi but works and lives in the United Arab Emirates). The embassy there told me that have this service, but, I would need to live there and/or be a longtime resident. In other words I can't go there for the purpose of getting a Direct Spousal Visa. I was advised by the embassy to file here in the United States. Does this mean that I can obtain a Direct Spousal Visa from here in the USA?? Or, do you think they mean that I must look into a Fiance Visa or Spousal visa? Thanks so much! (F)

I was wondering, if it's not possible to obtain a Direct Spousal Filing Visa for my fiance (whom I will marry there) in the country where he lives, is it possible to file for the Direct Spousal Filing Visa from here in the United States? Or, are my only options to obtain a Fiance Visa or another type of Spousal visa (not the Direct Spousal Filing Visa)? Thanks

You cannot file DCF from the US, I'm assuming that's what you are talking about when you say "Direct Spousal Filing Visa"? DCF stands for Direct Consular Filing. It means that the I-130 Petition for Alien Relative is filed with a Consulate abroad in person by the US Citizen in the country where their spouse is a citizen or legal resident. Most Countries require that the US citizen be a legal resident of that country as well. Some countries like Austalia and New Zealand will allow the US citizen to file without being a resident. If you haven't read the DCF section in the Guides, you might want to do so as it explains it very clearly.

See: http://www.visajourney.com/forums/index.ph...custom&page=dcf

HTH :)

8-12-2004 I moved to New Zealand(married my Kiwi in US 5/04)

1-12-2006 Received initial packet - It has I-130, I-864 & DS-230 Part 1, DS-2001 & tons of instructions.

Gathering paperwork that we don't have:

5-30-2006 - I-130 FILED AND ACCEPTED BY AUCKLAND CONSULATE!- INTERVIEW: 6/13/2006

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08-05-2006 -WE ARE HOME IN THE USA!!! flag12.gif

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8-24-09 - Interview

9-14-09 - Naturalization Oath Ceremony

meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
 Timeline
Posted
I was wondering, if it's not possible to obtain a Direct Spousal Filing Visa for my fiance (whom I will marry there) in the country where he lives, is it possible to file for the Direct Spousal Filing Visa from here in the United States? Or, are my only options to obtain a Fiance Visa or another type of Spousal visa (not the Direct Spousal Filing Visa)? Thanks

CD:

The answer to your question is "no".

There is no "direct spousal filing visa' per se. The visa that comes from Direct Consular Filing is the same spousal visa that one would get after a filing in the US.

You do not qualify to file in UAE, so you must file in the US. Since you are not yet married, you actually have two choices. 1-file a fiance petition and marry in the US. 2-go to UAE, marry, return to the US and file a spouse petition.

Whichever way you choose, stay aware that because of your fiance's nationality, any case is going to take longer than average. You should prepare yourselves for waits through security checks etc. The Guides will be helpful to you, and I recommend the ME/NA Forum here at VJ for specifics about security checks from his part of the world.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

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Campanita Explorer

Campanita   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Costa Rica
 Timeline
Posted

Some countries do not have the two year residency rule and you can file right away after you are married, I am not sure about the UAE. But DCF is quicker if you can file that way. I guess the previous poster who told you "no" you cannot file DCF in UAE must know why, but I curious, does UAE have the residency rule because I knew they are a DCF? I would not assume anything, I would call them and ask. I know UAE has DCF I just dont know about the residency requirement. So if there is none, I would suggest going there, getting marrying an applying. If they do have the requirement, then yes....you will have to do the k-1 Visa.

oooopsss... SO SORRY. I just read your last post where you said you did check with the embassy and you do have to be a resident. Disregard my last post. Sorry for not reading all the posts.

 
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