DCF in Madrid

[j101 0]

Dear all,

I am a UKC and my partner is a USC, she has been living in Spain since September working for the Spanish government as part of the North American Language and Culture Assistant Program. It is her second year of participating in this program.

She has a (student) residency card and can prove that she has been living there legally no problem using her contract with the government, contract for her apartment, bank account etc. Would she be able to file an I-130 petition for me at the embassy in Madrid post marriage?

Some research I have read suggests that as her status is a student this might not be possible, although it mentions no restrictions to that effect on the Madrid embassy website (unlike on the websites of some of the other embassies). Additionally on the uscis website it does not state that I would have to be a Spanish resident, only that I would need to be able to remain in the country while the visa application was ongoing - which would be no problem legally or logistically.

So the million dollar question.... does anyone know if is this possible?

Thanks