Timing before filing DCF

[cjames 0]

Hi Guys,

Quick background:

Wife is the USC, Husband is the UKC. We have been together 4 years and married for nearly 7 months. The wife and I will be filing DCF from a third country, Gibraltar, at the London US Embassy.

We are planning on filing DCF in a couple of weeks, once the wife has been a legal resident of Gibraltar for 6 months.

Our question:

Will it be an issue to file DCF AS SOON as the wife has been resident for 6 months in Gibraltar? Is this timing of exactly 6 months looked at negatively by the US Embassy? Should we wait a few more months before we file at the Embassy?

Many thanks for all help in this stressful process

PS. If this should be in the UK forum then please move, sorry :-)

Edited September 3, 2009 by cjames

[Nik+Heather 121]

If you're living in Gibraltar why not do DCF from Spain? You don't have to go through the embassy of anyone's home country. The embassy in the country where you have residence should work. I'm basing this on a couple of K1s I know who are Indian and Pakistani citizens in the UK and go through the London Embassy (because that's the country they reside in).

I'm not sure what the rules are about residency - if it's that you must be eligible for residency longer than 6 months or actually have been residing there for 6 months. The DCF forum might be more appropriate for that sort of question.

[imaisha 1]

If you're living in Gibraltar why not do DCF from Spain? You don't have to go through the embassy of anyone's home country. The embassy in the country where you have residence should work. I'm basing this on a couple of K1s I know who are Indian and Pakistani citizens in the UK and go through the London Embassy (because that's the country they reside in).

I'm not sure what the rules are about residency - if it's that you must be eligible for residency longer than 6 months or actually have been residing there for 6 months. The DCF forum might be more appropriate for that sort of question.

I think London would be the embassy for Gibraltar: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1052.html

[imaisha 1]

I'm not sure what the rules are about residency - if it's that you must be eligible for residency longer than 6 months or actually have been residing there for 6 months. The DCF forum might be more appropriate for that sort of question.

Oh and also, from here: http://www.usembassy.org.uk/dhs/uscis/i130filing.html

"The USCIS London Field Office has jurisdiction for adjudicating I-130 and I-360 petitions from U.S. citizens who have permission to reside AND who do principally reside in the United Kingdom."

So I think you have to have been residing, not just able to reside.

[cjames 0]

If you're living in Gibraltar why not do DCF from Spain? You don't have to go through the embassy of anyone's home country. The embassy in the country where you have residence should work. I'm basing this on a couple of K1s I know who are Indian and Pakistani citizens in the UK and go through the London Embassy (because that's the country they reside in).

I'm not sure what the rules are about residency - if it's that you must be eligible for residency longer than 6 months or actually have been residing there for 6 months. The DCF forum might be more appropriate for that sort of question.

Gibraltar is not a part of Spain. It is an independent country, without a US Embassy.

After researching this, the London US Embassy looks the best place to file DCF for us. Whether or not it will be accepted is another question!!!

Logistically, getting to the US Embassy in London will be much quicker and easier than getting to the US Embassy in Madrid. Sending and receiving mail will be quicker and easier through the UK as well.

[cjames 0]

I'm not sure what the rules are about residency - if it's that you must be eligible for residency longer than 6 months or actually have been residing there for 6 months. The DCF forum might be more appropriate for that sort of question.

Oh and also, from here: http://www.usembassy.org.uk/dhs/uscis/i130filing.html

"The USCIS London Field Office has jurisdiction for adjudicating I-130 and I-360 petitions from U.S. citizens who have permission to reside AND who do principally reside in the United Kingdom."

So I think you have to have been residing, not just able to reside.

I, the UKC, have been residing here for over 18 months. My USC Wife has the right to, and will have been, residing here in Gibraltar for 6 months in a couple of weeks.

Our question is: Has anyone had anyone issues with making the DCF application AS SOON as the USC has been resident for 6 months?

[cjames 0]

I'm not sure what the rules are about residency - if it's that you must be eligible for residency longer than 6 months or actually have been residing there for 6 months. The DCF forum might be more appropriate for that sort of question.

Oh and also, from here: http://www.usembassy.org.uk/dhs/uscis/i130filing.html

"The USCIS London Field Office has jurisdiction for adjudicating I-130 and I-360 petitions from U.S. citizens who have permission to reside AND who do principally reside in the United Kingdom."

So I think you have to have been residing, not just able to reside.

I, the UKC, have been residing here for over 18 months. My USC Wife has the right to, and will have been, residing here in Gibraltar for 6 months in a couple of weeks.

Our question is: Has anyone had anyone issues with making the DCF application AS SOON as the USC has been resident for 6 months?

Change of plans, after contacting both London and Rome for a second time we are now planning on filing DCF in Rome in 2 weeks time rather than London. Rome seems to be a quicker place to go through so this could be good for us.