Me in London, her in Seoul - DCF?

[Retriever 0]

Hey guys,

After reading throughout the great resource that is this forum I still can't find an answer to a few questions that I have.

Here are some facts to help you get the picture:

- My girlfriend and I met in London in August 2013
- She has both an Irish and American passport

- I have both a Swiss and French passport

- Soon after we met she moved to Seoul where she still lives today.

- I live in London but plan on moving back to Switzerland in April 2014.

- We plan on getting married and move to the US together towards the end of 2014.

And here are my questions:

- Can a DCF only be filed in the current country of residence of the American Citizen, or can it be filed elsewhere? In this case, would she specifically need to file it in Seoul, or would it be possible for it to be filed in London or Bern (Switzerland)?

- Does it make any difference where we chose to get married?

- How much will it matter to the USCIS that we both live in different countries at the moment and that most of our relationship has been long distance? I know that recently the London Embassy submitted guidelines that specified that "no extraneous documentations" (such as photos) should be submitted...

In our case, even though we have evidence to support the fact that our marriage would be bona fide, I am wondering how much is enough and I am looking for tangible ways to determine that.

Any help would be hugely appreciated

-R

[apple21 953]

DCF can only be filed if both spouses live in the same country.

[lost_at_sea 995]

1. I've always been a bit unclear about whether a USC can file DCF when they live in a DCF country but the beneficiary does not, since they're only utilising the availability of the local field office - who can theoretically then forward an approved petition to any other embassy (i.e. the beneficiary's local one). The easiest way to find out would be to email the field office in London and ask (the email should be in the guide in my signature). You definitely won't qualify to DCF in another country, as it's about the USC's current residency. London only specifies the residency requirements of the sponsor, not the beneficiary, but they may expect both to be in the country. As I say - worth asking. I'm not aware of anyone who has done this, however.

2. No, you can marry wherever you like.

3. It really depends. As you say, if you file direct, London doesn't want to see anything up front, but that doesn't mean they won't ask for evidence of a relationship at the interview. But, as long as you have good evidence, it shouldn't be a problem. If you file the regular way, you'll include evidence in your petition packet.

If London says you cannot file with them, you'll have to file via the usual methods noted in this guide:

http://www.visajourney.com/content/i130guide1

As a USC abroad, you're going to need to study the I-864 form carefully. The sponsoring USC must either have a US domicile or have evidence that they will be re-establishing one to satisfy this form. See instructions: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

EDIT: I just re-read your post and realised that you, the OP, are NOT the USC... I got my stuff the wrong way 'round. You cannot file DCF in London. Your partner could enquire with Seoul to ask if they allow it.

Edited January 14, 2014 by lost_at_sea

[N-o-l-a 7,168]

- Can a DCF only be filed in the current country of residence of the American Citizen, or can it be filed elsewhere? In this case, would she specifically need to file it in Seoul, or would it be possible for it to be filed in London or Bern (Switzerland)?

Unless you have incredibly unusual and emergent circumstances that would qualify for DCF in a non-DCF country or non-normal DCF situation, then you have to file the traditional method.

[Retriever 0]

Thank you all very much!
It sounds like I am going to email Seoul's Embassy and find out.
If it's a no, we'll have file the traditional way or apply for a K1 instead, depending on how much time it all takes.

[Retriever 0]

EDIT: I just re-read your post and realised that you, the OP, are NOT the USC... I got my stuff the wrong way 'round. You cannot file DCF in London. Your partner could enquire with Seoul to ask if they allow it.

Thanks again very much lost_at_sea,

To your knowledge, in case that Seoul doesn't give us the permission to file a DCF given the fact that we don't live in the same country, would it possible for my partner (the USC) to file a petition for the K1 instead? Or does she have to live in the US at the moment of filing the petition? She plans on moving back to the US in September and we want to get started as soon as possible given that the process is longer for K1 applications.

If she can't do that and that Seoul's Field office does not allow us to file a DCF there, aren't we stuck?

-R

[lost_at_sea 995]

Thanks again very much lost_at_sea,

To your knowledge, in case that Seoul doesn't give us the permission to file a DCF given the fact that we don't live in the same country, would it possible for my partner (the USC) to file a petition for the K1 instead? Or does she have to live in the US at the moment of filing the petition? She plans on moving back to the US in September and we want to get started as soon as possible given that the process is longer for K1 applications.

If she can't do that and that Seoul's Field office does not allow us to file a DCF there, aren't we stuck?

-R

She can file for the I-130 or I-129f while abroad, but she may be asked for evidence of having a domicile or reestablishing one. As I say, check the instructions for the I-864 to understand what they're looking for (if you go for the K1, you'll use the I-134 form instead, BTW).

[Retriever 0]

She can file for the I-130 or I-129f while abroad, but she may be asked for evidence of having a domicile or reestablishing one. As I say, check the instructions for the I-864 to understand what they're looking for (if you go for the K1, you'll use the I-134 form instead, BTW).

Thanks!

For future reference, if this can be of any help to anyone, here is the reply from the Embassy in Seoul (which is a bit surprising to me):

"Dear Sir,

Thank you for your inquiry. K-1 petition can only be filed in U.S. If you can get marry, U.S. citizen wife can file I-130 petition for you in Korea even though you are not in Korea.

Thank you,

Respectfully,

Immigration Assistant"

[lost_at_sea 995]

Thanks!

For future reference, if this can be of any help to anyone, here is the reply from the Embassy in Seoul (which is a bit surprising to me):

"Dear Sir,

Thank you for your inquiry. K-1 petition can only be filed in U.S. If you can get marry, U.S. citizen wife can file I-130 petition for you in Korea even though you are not in Korea.

Thank you,

Respectfully,

Immigration Assistant"

Fantastic. That confirms my theory that DCF would work regardless of beneficiary location. Thanks!

[Retriever 0]

Hey guys, just a quick update hoping this may benefit people in the same situation as me.

I emailed Seoul's embassy again to check wether or not it would be possible to have my interview in my home country (Switzerland) rather than in Korea (easier for me to organize for obvious reasons- much closer than Seoul)... and the answer is YES!

Which makes things much easier...

-R