any exceptions to 6 month resident rule?

[travelinggirl 0]

Has anyone ever had any exceptions made to the rule about residing in the country for 6 months prior to do DCF in that country? Is there any leniency on that or exceptions?

I'm the USC, fiance is Canadian. I'm not sure what type of visa I will be getting when we move to the Bahamas as he is a student but I'm going too. We will only be there for 7 1/2 months before we move from there to the states for him to continue medical school so I don't know that I would have time to wait 6 months to qualify for DCF then start everything. Any advice?

Original post with my situation is here: http://www.visajourney.com/forums/index.php?showtopic=227559

[trailmix 77]

Sometimes. This Canadian consulates generally just want to know that the U.S. spouse has has 'long term' residency. It varies from consulate to consulate. I would recommend that you contact the consulate you would like to file with directly.

A list of consulates with contact information can be found by clicking the Embassy Info link in the top right hand corner of this page.

Good luck.

[francophone 0]

Sometimes. This Canadian consulates generally just want to know that the U.S. spouse has has 'long term' residency. It varies from consulate to consulate. I would recommend that you contact the consulate you would like to file with directly.

A list of consulates with contact information can be found by clicking the Embassy Info link in the top right hand corner of this page.

Good luck.

Does anyone have any information on the Paris Embassy being lenient on the 6 month rule?

I also saw the contact infor for the embassy but have not called as they say not to call if you have questions regarding visas. Hmmm, not sure what to do here.

[Lia792 5]

It helps to make a new topic when you have a question...

But anyhow, these are the Paris requirements:

http://france.usembassy.gov/immigrant_visas.html

Here's a link with more info:

http://france.usembassy.gov/iv-filingparis.html

You could try emailing?

I have never heard of embassies granting exceptions for those requirements though, and it seems that most DCFs do have to have some type of residency in the country they are doing it in.

Good luck!

[TOM&Riz 4]

In some cases, an I-130 petition may be filed for an immediate relative (spouse, child, or parent of a U.S. citizen) with a U.S. embassy or consulate abroad. Situations where this may be applicable include:

If the U.S. citizen has been authorized to be continuously residing within the jurisdiction of the consular office for at least the previous 6 months

Members of the military

Emergency situations

Situations involving the health or safety of the petitioner

When in the national interests of the United States

Please check with the consulate before submitting a petition. For more information, see the “U.S. Department of State” link to the right

[TOM&Riz 4]

I also recieved this from the Manila embassy :

This is in reply to your inquiry of October 6, 2009, regarding your visa concerns.

The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) office at Embassy Manila only accepts Form I-130 (Petition for Alien Relative) visa petitions filed by U.S. citizens who have permanent resident status in the Philippines or are assigned full time to the Philippines by their American employer.

However the consular website reads :

Residency

USCIS Manila accepts applications and petitions from an individual who can establish residency in one of the countries listed above. Section 101(a)(33) of the Immigration and Nationality Act defines "residence" as the "place of general abode; the place of general abode of the person means his principal, actual dwelling place in fact, without regard to intent." Residency must be established by the petitioner when filing a petition, or by the applicant when filing an application.

[Julie.ml 0]

Hello!

My US husband and I tried to file DCF in Paris.

He's been there 5 months and 3 weeks when we did, but they did not let us file.

It was not much because of the few days missing from the six month, but because he did not have a carte de séjour foir long enough. he got his Carte de séjour on April 5th, and the consular agent told us we had to wait six month after this date to file DCF. I was so disapointed.

So we're going for I 130 now

I spend so much time thinking about this visa issue it's crazy.

Julie