I-130 DCF in Vienna AT on a VISA D

[endlessmike 0]

I am currently in Austria on a Visa D, which is a 6 month Visa granted from the Austrian Government. I am married to an Austrian Citizen. The purpose of the Visa was to stay for an extended period because originally, I was going to apply for residence in Austria. (We since changed our minds and want to apply for residence in the USA.)

I am wondering if it is possible to file directly with the consulate in my circumstance. I have not yet been here for 6 months on the visa, and the visa is still valid. But I heard that the 6 month restriction was lifted…?

I tried multiple times to call and email the USCIS in Vienna but haven't had any luck contacting them.

Any advice would we helpful. Thanks!

[Mark88 184]

If they don't answer to your email's or call's you might be able to make an info pass appointment and visit them in person. If living less than six months in Austria it will be at there discretion if they will process you.

[awaywego 28]

If Vienna has removed their six-month requirement, it's not reflected on their DCF instruction page ( http://austria.usembassy.gov/dhs_family.html )

Evidence of Residence

The prospective U.S. citizen petitioner has to provide evidence that he/she has been permanently residing in Austria for at least six months prior to the filing of the application. Proof may include Austrian residence permit and/or police registration (“Meldezettel”).

Agree with Mark88 that you could try an Info Pass appointment if they will not otherwise answer your queries. Also, it might be useful, before the appointment, to review the exact date you registered (if you were able to/did on your visa). Since it's listed as a proof of residence, there's a decent chance that they'll prefer the date on the Meldezettel when deciding whether to allow you to file directly with them.

P.S. If Vienna says no, page through the I-130 forum for a really very long thread called something like "USC Lives Abroad." (I did a quick check and didn't find it, but it's bumped every once in a while.) This thread includes info and tips for USC spouses who live abroad but are unable to DCF.