Direct Consular Filing Questions

[Steve_ 0]

Some context:

My wife and I got married in November of 2022

I work remotely, so I have a lot of flexibility. I traveled to my wife's place in London and lived with her.

We have been living together from 05/2022 - 09/2022 and from 09/2022 - 02/2023. I am now back in the US for work purposes and will be flying back to London this weekend.

 

My Questions:

• Do we qualify for direct consular filing?
• If we don't qualify, I have another question. On Form I-130, can I put my wife's address as part of my address history? Since I entered the UK as a visitor, it's only considered as visits, so should I not put down the address in the UK in my address history section?

 

Thank you for reading, and I would appreciate any input you could provide.

Edited March 2, 2023 by Steve_

[Crazy Cat 41,985]

1.  Visitors do not qualify for DCF. 

2.  Visits are not listed as places of residence. 

Edited March 2, 2023 by Crazy Cat

[Boiler 45,743]

Be prepared for a discussion with UK immigration.

[Steve_ 0]

7 minutes ago, Boiler said:

Be prepared for a discussion with UK immigration.

Why? I never stayed longer than 6 months per visit, and I still have to come back to the U.S. for work. 

[Boiler 45,743]

4 minutes ago, Steve_ said:

Why? I never stayed longer than 6 months per visit, and I still have to come back to the U.S. for work. 

They may think you are living in the UK

[Dashinka 24,649]

I agree relative to DCF, I am not seeing an exceptional circumstance here at least related to employment.

[Crazy Cat 41,985]

1 hour ago, Dashinka said:

I agree relative to DCF, I am not seeing an exceptional circumstance here at least related to employment.

and as the OP stated, he is just a visitor.  He does not reside there.

[pushbrk 12,999]

3 hours ago, Crazy Cat said:

and as the OP stated, he is just a visitor.  He does not reside there.

And that is the key.  No idea why UK immigration was mentioned.  It's irrelevant to this discussion or forum.  Perhaps the OP is thinking DCF is a common option now.  It hasn't been for a couple years.  It's only allowed under exceptional circumstances now, but was never allowed when the petitioner is only a visitor to the foreign spouse's country.

 

Note that Philippines used to be an exception to that, in some circumstances, but not anymore.  Totally hypothetically, since I'm not married.....If I was married and wanted to do DCF say 3 years ago, I could, even though I'm "living here" (in the Philippines) as a tourist.  I can just keep extending my visa every two or six months, and only need to leave the country (and come back as soon as the next day) once every three years.  I have a bank account, driver license, and a utility in my name here.  That's what it used to take for somebody like me to do DCF from here.  TODAY, I would need exceptional circumstances to go with all the above.

 

Edited March 2, 2023 by pushbrk

[powerpuff 6,744]

~~ Topic moved from CR1/IR1 forum to DCF forum as the question is about qualifying for DCF ~~