DCF Through Frankfurt Question

[SmittleQuestions 10]

Hello all, my wife and I are currently weighing the pros and cons of doing a DCF through the Frankfurt Consulate in Germany,   I've done a lot of searching but have a question I'm hoping someone here might be able to answer.   I've seen many people say there is a 6 month waiting period post residency in a foreign country prior to being able to DCF.   I've called the Consulate to find out if this is in fact the case and unfortunately their phone system is fully automated now and simply directs you to their website.   

 

On the website, the only guidelines state that there is a residency requirement but no time frame of possession is offered.   Prior to going down this path, I'd love to know if anyone knows if there is a requirement, *and* if having a shorter residency than six months might in fact hurt the CR1 approval odds in any way.

 

Thank you in advance!

[jundc 8]

I'm not sure if there is a 6 month requirement, and maybe someone else here can help with that, but if you want to ask them directly, you can send an email to USCIS Frankfurt. We're also doing a DCF for a CR1 through Frankfurt, and we've sent them several emails with random little questions like this. They usually get back in a couple days and they've always been very helpful.

 

Their email address is listed on their contact page: https://www.uscis.gov/about-us/find-uscis-office/international-offices/contact-us-uscis-frankfurt-field-office (USCIS.Frankfurt@uscis.dhs.gov)

[jundc 8]

As far as weighing whether or not to do DCF: how long have you (if you're the US citizen) been living in Germany? If there is a 6 month requirement, and you've already been here for 4 months, I think the ease and speed of DCF is definitely worth waiting 2 months for. On the other hand, if there is a 6 month requirement, and you just moved here yesterday, then it's maybe more unclear whether it's faster to file with the lockbox or with the consulate. You can check average processing speeds for I-130s in the US to get a sense of whether it'd make sense. The Frankfurt USCIS latest average is 1.7 months for the I-130 processing step.

[Roel 7,192]

You need to be a legal resident for at least 6 months.

 

Otherwise don't you think all US spouses would just move to foreign countries for a week or so so they could skip the whole i130 process? 

[SmittleQuestions 10]

3 minutes ago, Roel said:

You need to be a legal resident for at least 6 months.

 

Otherwise don't you think all US spouses would just move to foreign countries for a week or so so they could skip the whole i130 process? 

I don't know, because that's not my question.   I'm trying to find somewhere where it states the 6 month requirement, which - as you state is reasonable, however, if it is *not* a requirement  might make my wife, and my life a little bit easier.  

 

When I call they say their guidelines are on their website which states the following and nothing more.

 

"The U.S. Citizenship and Immigration Services at the U.S. Consulate in Frankfurt accepts I-130 petitions by mail from U.S. citizens who reside in Germany. U.S. citizens whose principal residence is not in Germany, and/or are abroad temporarily as a visitor or on business, must file the petition in the United States."

 

 

[SmittleQuestions 10]

1 hour ago, jundc said:

I'm not sure if there is a 6 month requirement, and maybe someone else here can help with that, but if you want to ask them directly, you can send an email to USCIS Frankfurt. We're also doing a DCF for a CR1 through Frankfurt, and we've sent them several emails with random little questions like this. They usually get back in a couple days and they've always been very helpful.

 

Their email address is listed on their contact page: https://www.uscis.gov/about-us/find-uscis-office/international-offices/contact-us-uscis-frankfurt-field-office (USCIS.Frankfurt@uscis.dhs.gov)

Thank you so much!  This is really helpful.  I"ll email them.

[Jorge V 195]

3 hours ago, Roel said:

You need to be a legal resident for at least 6 months.

 

Otherwise don't you think all US spouses would just move to foreign countries for a week or so so they could skip the whole i130 process? 

These are the global USCIS guidelines, but each field office is different. Some do not enforce the requirement at all, others have different requirements. For instance, the UK does not enforce the time requirement and Mexico only requires 3 months (though they're not strict on it). Some countries do not even require legal residency. I DCF'd in Mexico on a tourist visa. I had been living there for 4 years but never bothered getting a residency permit. I submitted my petition without a problem.

 

@SmittleQuestions it's important that you contact the USCIS Frankfurt field office to get an answer. Even if they do enforce he 6 month requirement, it's definitely worth waiting the extra two months. The US citizen only needs to reside in Germany up until the application is submitted. They do not need to wait out the entire process there.

Edited August 8, 2018 by Jorge V