DCF--who needs to be a resident?

[ej gtw-mad 0]

Hi,

My fiance UK citizen currently working in Spain, and I'm planning to move there to be with him after the wedding. Spain has an incredibly generous spousal reunification policy, so it should be very simple and quick for me to get residency there. However, will I be able to DCF at the embassy in Madrid, since my husband isn't a Spanish resident? Will it matter that we won't be getting married in Spain, or should we try to change to get married there?

Or is this just a case where each consulate has different policies, and it's impossible to say without calling them? (which I plan to do tomorrow).

Thanks!

[Wrath of Sithis 0]

Best bet is to give them a call and see what their policy is.

[desert_fox 32]

Hi,

My fiance UK citizen currently working in Spain, and I'm planning to move there to be with him after the wedding. Spain has an incredibly generous spousal reunification policy, so it should be very simple and quick for me to get residency there. However, will I be able to DCF at the embassy in Madrid, since my husband isn't a Spanish resident? Will it matter that we won't be getting married in Spain, or should we try to change to get married there?

Or is this just a case where each consulate has different policies, and it's impossible to say without calling them? (which I plan to do tomorrow).

Thanks!

if he is working there, isnt he a legal resident??

I thought EU countries that they could move and work between countries and establish residency just by being there.

[ej gtw-mad 0]

Hi,

My fiance UK citizen currently working in Spain, and I'm planning to move there to be with him after the wedding. Spain has an incredibly generous spousal reunification policy, so it should be very simple and quick for me to get residency there. However, will I be able to DCF at the embassy in Madrid, since my husband isn't a Spanish resident? Will it matter that we won't be getting married in Spain, or should we try to change to get married there?

Or is this just a case where each consulate has different policies, and it's impossible to say without calling them? (which I plan to do tomorrow).

Thanks!

if he is working there, isnt he a legal resident??

I thought EU countries that they could move and work between countries and establish residency just by being there.

Kind of--they won't give him official residency until he's been there a few years--cuts down on paperwork for them, since the EU allows such free movement. But you're right, working there may be enough to count as "residency" for the Embassy...

[Chica Yeyé 41]

Best to contact the Embassy directly than to assume anything-- they will be your best source of information . We have a couple of members around who are super knowledgeable in DCF matters, I'm sure they'll bring in more info for you as well.

Good luck, L.

[pushbrk 12,883]

Hi,

My fiance UK citizen currently working in Spain, and I'm planning to move there to be with him after the wedding. Spain has an incredibly generous spousal reunification policy, so it should be very simple and quick for me to get residency there. However, will I be able to DCF at the embassy in Madrid, since my husband isn't a Spanish resident? Will it matter that we won't be getting married in Spain, or should we try to change to get married there?

Or is this just a case where each consulate has different policies, and it's impossible to say without calling them? (which I plan to do tomorrow).

Thanks!

Did you read the DCF guide? Both beneficiary and petitioner must be residents and the petitioner specifically must reside for 6 months. So, I doubt you want to wait six months to file a petition. I'd file it with the appropriate service center Stateside if I were you.

[funkyab 0]

Did you read the DCF guide? Both beneficiary and petitioner must be residents and the petitioner specifically must reside for 6 months. So, I doubt you want to wait six months to file a petition. I'd file it with the appropriate service center Stateside if I were you.

Where did you get this information? i dont know anywhere where it states that the beneficiary must be a resident of the consular district where the petition is being filed.

[gwenneh 7]

Right on the I-130 petition: "If you reside elsewhere outside the United States, file your relative petition at the USCIS office overseas or the U.S. Embassy or Consulate having jurisdiction over the area where you live."

[funkyab 0]

Right on the I-130 petition: "If you reside elsewhere outside the United States, file your relative petition at the USCIS office overseas or the U.S. Embassy or Consulate having jurisdiction over the area where you live."

You might have misunderstood my question.

I understand that with the post Adam Walsh requirements the petitioner must be a resident of the consular district for at least 6 month prior to the filing of the petition, however no where does it state that the beneficiary must be resident in the consular district.

When I filed in Stockholm the rep said that my wife had to be resident in Sweden as well, however i do not think this is correct.

[gwenneh 7]

Ah. That depends on the consulate. Some check on the legal residency status of the beneficiary, and some don't.

It doesn't state it anywhere, per se, but petitions regarding non-residents can and have been rejected - their threads are here, though a search may or may not find them!

[funkyab 0]

Ah. That depends on the consulate. Some check on the legal residency status of the beneficiary, and some don't.

It doesn't state it anywhere, per se, but petitions regarding non-residents can and have been rejected - their threads are here, though a search may or may not find them!

Hi,

after much searching i found the most recent guidelines in the foreign affairs manual. After reading it seems clear that the beneficiary does not have to meet any residency requirements. I will paste directly from the section in the manual.

"9 FAM 42.41 N4.2-3 Consular Officers Authorized to

Approve Certain Petitions

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 42.41 Notes Page 6 of 17

(CT:VISA-881; 05-09-2007)

a. Under a longstanding agreement, DHS authorized consular officers

assigned to countries where no USCIS officer is stationed to approve the

following kinds of petitions if they are "clearly approvable," and if one of

the conditions listed in section © below, is met. Whenever petitions are

adjudicated under this authority, the petitioner and the visa applicant

must be physically present in the district and the beneficiary must be

likely to be able to remain in the country for the time it normally takes to

process the visa. The beneficiary need not be a resident of the consular

district."

It seems clear that the beneficiary does not have a residency requirement. In section C mentioned above, the requirement that would apply to most is that the petitioner is resident for 6 months preceeding.