DCF Dual Citizen USA/UK

[bharats 7]

Hi,

 

So I'm looking to see if anyone has experienced this or come across this. I'm sure there are lots of people who were in the same boat, and at least a couple must have tried it...

 

My wife is a dual UK/USA citizen so she has the right to live and work in both countries. I am a UK citizen.

She lives and works in the USA, and has done for the past 10 years, but has maintained a UK bank account and address (family home from when she lived here).

 

The London Embassy checklist only ask for proof of residency such as a passport, but not proof of the 6 months residency requirement, although that is listed as a requirement.

The checklist for I-130 spouse can be found at the bottom of the following link:

https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

 

My wife does not fulfil the 6 month requirement, but she does fulfil the right to reside, and no proof is asked for the 6 months requirement.

 

Has anyone had experience of filing DCF with the following combination; the sponsor is a dual citizen, not residing in the UK, but has every right to. the beneficiary is a UK citizen residing in the UK.

 

I'm looking for positive or negative experiences!

I believe it should be a very straight forward case for us; we have a travel history spanning a few years, a few letters, lots of phone calls, (so a well documented bona fide marraige), and no prior immigration violations or criminal convictions.

 

Thanks for any information you can supply

 

[Boiler 45,944]

She would need to reside in the UK, and has very little time to do so.

Edited March 16, 2020 by Boiler

[DELETEME1234 208]

16 minutes ago, bharats said:

and no proof is asked for the 6 months requirement.

It would be easily noticed by just looking at the application. The I-130 form asks for historical addresses of the past 5 years, so that will show it, unless you're willing to lie on the forms (bad idea). A glance on the tax paperwork also makes it apparent and I'm sure any additional documentation to prove bonafides of the marriage might give it away too. If she had any economic activity in the US (work, credit, etc.) it will show in multiple government databases.  

 

Personally I'd try to file for DCF because that's how I am (nothing ventured, nothing gained), just make sure you don't lie at all. Lying in any way or form can result in severe consequences for immigration benefits.

[bharats 7]

12 minutes ago, Poseidon1212 said:

It would be easily noticed by just looking at the application

Yup, I absolutely agree. It will be completely obvious throughout the entire process. There is no hiding it, and like you said, lying is not worth it on these applications.

She has lived there for the past 11 years; went to high school, undergrad, post grad, and now has a job there. No getting around that one. Unless they would accept a weekend trip to the UK as residency..  

 

I was just curious if anyone had attempted it and failed, or succeeded.. Not just curious, but looking to see the potential for it...

Edited March 16, 2020 by bharats

[Just Paul 4,595]

9 hours ago, bharats said:

Yup, I absolutely agree. It will be completely obvious throughout the entire process. There is no hiding it, and like you said, lying is not worth it on these applications.

She has lived there for the past 11 years; went to high school, undergrad, post grad, and now has a job there. No getting around that one. Unless they would accept a weekend trip to the UK as residency..  

 

I was just curious if anyone had attempted it and failed, or succeeded.. Not just curious, but looking to see the potential for it...

As long as she is there when the I-130 is filed at USCIS she will be considered a resident.

 

I did not "live in Mexico" for the 6 months prior to our DCF.  I had proof of my residency going back about 8 years.  I also had a Mexican drivers license and utility bills but no one asked for them.

 

I would file it and see what happens.

[Boiler 45,944]

14 minutes ago, Paul & Mary said:

As long as she is there when the I-130 is filed at USCIS she will be considered a resident.

 

I did not "live in Mexico" for the 6 months prior to our DCF.  I had proof of my residency going back about 8 years.  I also had a Mexican drivers license and utility bills but no one asked for them.

 

I would file it and see what happens.

There seems no plan for her to visit the UK.