6 months residence for DCF requirement question

[spyrals 0]

Hi all,

one of the requirements for DCF in Australia is that the US citizen have to have lived in Australia for 6 months prior to filing. Just to clarify if anyone knows, does this mean that the USC have to have lived in Australia at any point before filing (like stayed in Australia for 6 months in the last 5 years) or just the 6 months directly prior to filing?

My husband to be (we're getting married very soon) is a USC but is also a permanent resident of Australia, lived here for 16 years but we both spent last year in the US and are back in Australia for now and want to move to the US permanently. Would we qualify for DCF in regards to the residency requirement?

thanks in advance!!

[Christi85 86]

It's for the 6 months immediately prior to filing.

If he has an Australian permanent residency permit, then he should be fine to file DCF there.

[spyrals 0]

It's for the 6 months immediately prior to filing.

If he has an Australian permanent residency permit, then he should be fine to file DCF there.

it's not that clear to me - you say he should be fine, but what are the actual rules for this? I can't find any info about what happens if he has residency but hasn't actually lived in Australia for 6 months prior to the filing... Just wanting to know for sure, if anyone can help.

[Christi85 86]

The minimum residency requirement for DCF is 6 months immediately prior to filing. Plus the legal right to reside there, which you said he has.

I said he should be fine as the final decision on whether the application is accepted for DCF is down to the Case Officer and each petitioner's individual circumstances. Based on what you've said, it sounds like he's going to have no problem doing DCF in Australia as long as his primary residence is there at the time of application and has been so continuously for a minimum of six months.

Here is the general guideline provided by the US State Department:

http://2001-2009.state.gov/r/pa/prs/ps/2007/mar/82030.htm

But it's always a good idea to contact your local US Consulate as well (some Consulates are stricter whereas others are more lenient - but usually with the type of visa they accept, not as much with the 6-month rule).

If he hasn't lived there for 6 months yet, he a)either waits until he completes 6 months of residency and files DCF, or b)files immediately but in the US.

If he intends to stay in Australia until the process is completed (or nearly completed) I certainly advise going for the first option. If, on the other hand, he sees his residency in Australia as very temporary (i.e. a couple months' visit as opposed to primary residency for the recent past and the near future) and intends to return to the US asap, then the second option sounds more appropriate for your case. In the second case, it may be a good idea to attach a note explaining to USCIS that his principal residence is still in the US and that his presence in Australia is just a short visit.