Would I qualify for DCF?

[danskim 0]

My fiancee is a Korean citizen living in Korea, and I am an American citizen.

I was living in Korea for 7 months for work (and to spend time with my fiancee) from November 2010 until late June 2011. For that purpose, I received a 2.5 year visa that makes me a resident foreigner (equivalent of a green card). I work for an NGO, so I often have to move around. I returned back home to the US for 5 months before returning to Korea since early November 2011. So I have been in Korea for about 6 weeks now.

Would I qualify to apply for DCF?

[MalaysianGirl 26]

Check if Seoul has a USCIS field office. If it does have one, then you may be able to file for DCF.

[Oksana & Max 94]

You can file for DCF if you meet the following requirements. Read thru them. Seoul does have a USCIS office.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextoid=54180a9de954d010VgnVCM10000048f3d6a1RCRD

[Operator 1,927]

I found this in another post

http://seoul.usembassy.gov/visas_spouse_of_american.html#prepare

[Penguin_ie 5,993]

You'd have to get married first, there is no DCF for fiance visas.

[danskim 0]

Yes, I'm sorry for not being more clear. We will have our wedding ceremony here in Korea because her family and friends are all here.

My main question was this: Is it possible to apply for a DCF even though I haven't lived in Korea for 6 months immediately prior to filing? Or does it just matter that I have the status and did spend at least that amount of time here as a resident?

[Penguin_ie 5,993]

You need to have been officially resident in Korea for the 6 months immediately prior to filing. That doesn't mean you cannot have spent time in the USA, travelled etc. Some US embassies are pickier than others in determining residency. I think it will come down to what you did during your 5 months in the USA- for example if you had a job there not related to your Korean job, it would look bad. If you went for further training for your Korean job, it would look good. Also, you'd need to show proof you are still ordinarily resident in Korea with things such as having filed your US taxes as a non-resident, having a lease and Korean bills in your name throughout the period you didn't live there etc.

[yachachiq12 43]

It would also be good to go straight to the horse's mouth and ask the Seoul field office if they'll accept the petition. It seems to be a little variable from office to office on how they figure the details of the residency requirement and the Seoul website even says it's determined on a case-by-case basis. Good links provided above!