DCF in Spain

[jjt 0]

Hello all,

This is my first post and I would like to thank you all for sharing your experiences and advice. It has been SO helpful.

I am researching how to file an I-130 for my soon to be husband. He is Spanish and I am a USC living in Spain. Thankfully, Spain will allow DCF from the consulate here in Barcelona. I understand the DCF process is very different than filing from within the US. The info on DCF is very limited (with the exception of this site) and so I have a couple of things to clarify . . .

At the end of the DCF process a Permanent Resident Visa will be issued, so there is no need for me to file the I-145 (Application for Perm. Res.) or the I-765 (Employment Authorization) correct?

Also, I am aware that there are many posts regarding the infamous "Packet 3" but does anyone know if Packet 3 is different when filing the DCF route? Besides the DS-230, what else is included?

And one last one, in meauxna's I-130 cover letter I noticed she had an Apostille for her marriage certificate? Does anyone know if this is necessary? (I do have one for my Birth Cert)

Thanks in advance to you all and a special thanks to meauxna for all the effort she has put in keeping us informed.

Best,

j

[zyggy 9]

Hello all,

This is my first post and I would like to thank you all for sharing your experiences and advice. It has been SO helpful.

I am researching how to file an I-130 for my soon to be husband. He is Spanish and I am a USC living in Spain. Thankfully, Spain will allow DCF from the consulate here in Barcelona. I understand the DCF process is very different than filing from within the US. The info on DCF is very limited (with the exception of this site) and so I have a couple of things to clarify . . .

At the end of the DCF process a Permanent Resident Visa will be issued, so there is no need for me to file the I-145 (Application for Perm. Res.) or the I-765 (Employment Authorization) correct?

Correct

Also, I am aware that there are many posts regarding the infamous "Packet 3" but does anyone know if Packet 3 is different when filing the DCF route? Besides the DS-230, what else is included?

DS-230 and The Checklist.. a listing of everything that you will need to bring for the interview

And one last one, in meauxna's I-130 cover letter I noticed she had an Apostille for her marriage certificate? Does anyone know if this is necessary? (I do have one for my Birth Cert)

You'll have to ask the consulate if this is required. However, if the marriage was in Spain, I doubt that it is required.

Thanks in advance to you all and a special thanks to meauxna for all the effort she has put in keeping us informed.

Best,

j

[Candace 2]

Welcome to VJ jjt! Wishing you a smooth (and quick!) journey

[meauxna 15]

Hola! Sabes que vivi en Barcelona cuando era nina? Of course not. But, thank you for your post! It did not occur to me that the i-130 could be filed in Barcelona, but I see that you are right!

http://barcelona.usconsulate.gov/cons/immi...erelatives.html

You do see that your husband will interview for the visa in Madrid.

If you check the DCF Guide, you'll see confirmation that you're again correct; with an Immigrant Visa (the result of a DCF case) your husband will become a Permanent Resident at entry to the US and will not need to adjust status or get a work permit.

http://www.visajourney.com/forums/index.ph...custom&page=dcf

Packet Three is different from post to post, but there are the main essentials, and they will be the same for *every* IV beneficiary---DCF is no different from a regular CR/IR visa application in terms of *what* must be collected. The where and when are different.

So, sniff around. The things on my P3 list are probably still the same things. BCs, military, police, divorce etc. There is an older Spanish DCF report at BE (http://britishexpats.com/forum/forumdisplay.php?s=&daysprune=&f=35) by ironporer.

edit to add: http://barcelona.usconsulate.gov/cons/immigrendocuments.html EVERYTHING appears to be listed here, including instructions for getting the police certificate. Their website is terrific!

About the Apostille... this was old information when *I* got it, and there were not a lot of people around for me to ask questions of, so I took a conservative route. The Apostille will not be required for use in Spain; the Consular folk will know Spanish docs, but I had some reason to think is was really mandatory. History has proved me wroooong. In the long run, I sleep better knowing I've got it due to the difficulties we would've had trying to get *any* documents from Greece after the fact (and esp since we don't live there anymore), but I would hesitate to say that you *should* get it. You might ask them at the consulate if they have an opinion, and if it is not hard to get, go for it. Knowing Spain, it will probably be an all day affair. Its use would be for authenticating your document once you are in the US.

My thanks to you for documenting Spain for us! If I read Barcelona's page correctly, Spain is still a no-residence DCF country--do you have an opinion on that? Meaning, that if the USC does not live in Spain, may they fly in and file?

Also, read the Guide if you haven't already; there are some helpful links in there for you, and for your husband.

If you look in the CR/IR forum here, for others coming through Spain, their P3 lists and medical contacts will apply to you. You might contact Madrid and see about having them fax that info to you early (remember that you'll be talking to Spanish employees at that point; adjust accordingly) to maximize your time in Madrid.

I think you'll find it all quite straightforward & I look forward to reading more from you!

best,

meauxna

Edited June 13, 2006 by meauxna

[jjt 0]

Hi again Meauxna,

So things have been moving along and it's getting closer to the day my fiance and I will be living in the US. Right now we are considering a new option though. We thought it may be good to come into the states and get married in Las Vegas, then leave back to Spain and do the DCF there.

The question that arises is whether it is legal for my fiance to come in on a visa waiver program and get married. From what I have read elsewhere, it is legal so long he leaves before the 90 days are over, and that he cannot change his status on a VWP. Do you or anyone else have any comments about this? Even in the embassy in Madrid they told us that It's ok, but the more feedback the better.

Once again, thank you for your help and hope everything is well.

All the best,

jjt

[desert_fox 32]

Dont bother with having the Apostille thingie. My wife had her divorce apostilled.....it is only something of Europe. The US never signed the convention....and is not necessary. Dont spend the money!!!! The Consulate only wants t see a seal fro the court or the court clerk that it is a certified copy.

[Anyta Holland 1]

Good luck!!! y BIENVENIDA!

[meauxna 15]

Hi again Meauxna,

So things have been moving along and it's getting closer to the day my fiance and I will be living in the US. Right now we are considering a new option though. We thought it may be good to come into the states and get married in Las Vegas, then leave back to Spain and do the DCF there.

The question that arises is whether it is legal for my fiance to come in on a visa waiver program and get married. From what I have read elsewhere, it is legal so long he leaves before the 90 days are over, and that he cannot change his status on a VWP. Do you or anyone else have any comments about this? Even in the embassy in Madrid they told us that It's ok, but the more feedback the better.

Once again, thank you for your help and hope everything is well.

All the best,

jjt

It's the old "time or money" questions---usually people have more of one than the other.

When we investigated marrying in Spain, it was clearly going to be a month long affair---since we were not living there (my family was), we didn't see how we could pull it off in the timeline we were working with (time).

Vegas is certainly faster, of course you have to factor in the airfare (money).

It is a legal use of the VWP to come to the US to get married. The normal objection at the POE is 'immigrant intent'. If the USC spouse-to-be lives overseas, there is less presumption that you're going to stay (maybe).

Take DF's comments to heart---he's got the Espana experience. I'll just add that the Apostille in Greece did not cost us anything extra; we just had to take our marriage certificate to the right office there and let the guy try to humiliate us and make us stand around for awhile.

[switiksangel 0]

I did the dwould take for my non resident-USC Husband to get the marriage license, WE DECIDED to get married in the States.

I had infact clearly indicated to the immigration officer at the POE that I was there to marry my USC Fiancee and that he was coming back with me to Spain (All she could say was what a lucky guy he was to get to live in Spain). I had all documents ready, even his ticket to Madrid where we fly back together after getting married should they ask for it, but they didnt. I had maps printed (ohio to Niagara) and all hotel reservations.

Before we got married, we even crossed the border to Canada, and upon return again said that we were scheduled to get married at the Mayors office in Niagara, and that we were running late. He congratulated us and sent us off.

All you need to prove is that the Alien will not plan on staying on after marriage, and that you will be returning to Spain or whereever, to file for the proper visa.

Never regreted doing the DCF, and am now a year away from removing conditions.

Madrid CO are very helpful and nice. If you still havent applied to Barcelona office, I would infact recomend that you complete all the documents required, and take advantage of Iberias 20 Euro flights, and go to Madrid. You get your packet 3 on the same day that you submit your I-130, and you may be able to get your appointment for interview. Just make sure you arrive early in the day, as we had done ours in the after noon and instead of taking our documents after the initial interview and approval of his I-130, they told us they were closing and to come back another day.

Good luck

Edited July 16, 2006 by switiksangel

[jjt 0]

Just to let you all know, the DCF process in Spain was very fast and simple.

My husband and I were married on August 16, 2006 in Las Vegas. We filed our paperwork on September 5th in Madrid, Spain. Fortunately, we had already prepared all of our supporting docs (Aff. of Support, Police Reports, etc.). The most difficult and time-consuming part was preparing the paperwork for packet 3, so I highly recommend preparing all of that even before you recieve packet 3, so you can get your interview right away. We received Packet 3 on the spot at the consulate and mailed it in promptly. We then received notice that they scheduled our interview for September 27th!! It was actually a little too fast. From the submission of our first document to the consulate, to the receipt of my husband's immigrant visa - 22 days total.

Just wanted to provide an update and a bit of good news for anyone considering DCF in Spain.

Good luck to everyone.

jjt