I was just reading docsteen's site again regarding DCF and just realized I have more
questions. Specifically, how's residency defined?...It's just occured to me that maybe were elgible? Here's the scenario... - I have been leasing a home in my fiance's country for over one year (and have a copy of the lease), and I continue to maintain a residence there. - I have telephone service (and other utilities) in my name as well. - I have a bank account there (checking and savings...both over a year old). - I hold an appointment as visiting faculty at a college in my fiance's home country (actually, it's the only college in his country) and I teach classes and conduct research there. - I am also a co-owner in a private business in my fiance's country (and we are members of the local Chamber of Commerce). - I've spent approx. 24/52 weeks (over the past year) WORKING at the college....and although I am in the US presently, I travel to my fiance's country every 2-3 months for extended periods. - I am an "honary citizen" of my fiance's country. As a sign of gratitude for the work I have been doing there (with the Ministry of Health and the College) the President granted me citizenship nearly 2 years ago, and I now travel to and from the country (and all the countries within the region) on my new foreign passport... I do not need a visa to travel there and I am granted all the rights and priviledges of all other citizens of the country (i.e. dual citizenship). - I am just completing the process for LAND ownership there (again, this was facilitated through my work in-country), and we will be building a house on this plot of land. I am heading over there in about 1 week and was planning to collect the rest of the documents for our I-129F during my trip (I am going to file w/the NSC as soon as I return to the US). If someone has information on what defines residency, I would greatly appreciate your help. Please let me know what you think? Ironically, I have travelled to my fiance's country many times but I've never been to the Embassy to inquire about these issues...and I haven't meant a single person whose done a K-1 or DCF in that country (only folks who are going to the I-130 process and regret the fact that they did not look at all of the INS options before getting married). Shan |
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> Ask the consulate when you get there. |
Someone please tell me if I am wrong but it's the spouse of the USC that has to be a
resident in those consulates that require it. It is my understanding that there are consulates that will process the DCF even if neither the USC or the spouse is a resident, although I have never found any of these. Dan PS did this message include the name of the country in question? > > > |
No neither one has to be a citizen of the country using the US Consulate in that country. For example, Mr. X is living in France as a resident of France with France's permission but is a citizen of England, he is eligible to use the US Consulate in France as he has express French permission to be living in France.
Some countries require that the USC be a resident of that foreign country before they can use the US Consulate for DCF. I.E., in England, you can't do DCF without the USC having legal residency in the country of England. However, in Australia they will do DCF even if the USC doesn't live there but as long as the Australian citizen does. Not been tried but presumably they will DCF a foreign legal resident of Australia marrying a USC. Rita |
In view of your extensive time there and your honorary citizenship award, i would
walk into that consulate with my I-130 and I-864 and 2-G-325A's in my hands with my new spouse and file for an I-130 right on the spot. You will need to ask them first, but I frankly think they would take your application. You have a rather unique situation, and I think they would consider that seriously. Do ask, and present all of your verification of the time and situation if necessary....I think you have an excellent chance, however. Alvena -- I am not a lawyer and this is not legal advice; this is my personal opinion, posted for the purpose of discussion only. --- K-1 FAQ: http://www.k1faq.com Jonathan's K-1 pages: http://alixtcat.50megs.com/ Doc Steen's Marriage Visa Information Pages: http://www.mindspring.com/~docsteen/...o/visainfo.htm emilandshannon wrote: > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > |
Wny not just call the visa people at the embassy and ask? They will tell you whether
you (or anyone else) can file the I-130 there. This varies on locations. Residency may or may not be an issue. In some consulates, the US citizen doesn't have to be a resident. Being a citizen (Gambia, right?) and part year resident may or may not qualify you. It is up to the consular people, they are the ones you should ask. I doubt anyone in this newsgroup has filed DCF in Gambia as a dual citizen of Gambia/US. Michael |
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> > > > > > > > > > > > > > > I visited the US Embassy on my last trip to Guatemala and one of the questions I had was what constituted "residency". I was told "you have to live here" and then promptly had the blinds shut in my face. |
Toni B wrote:
> [usenetquote2]> >From: Michael Voight [email protected][/usenetquote2] > [usenetquote2]> >Wny not just call the visa people at the embassy and ask? They will tell you[/usenetquote2] [usenetquote2]> >whether you (or anyone else) can file the I-130 there.[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >This varies on locations.[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >Residency may or may not be an issue. In some consulates, the US citizen doesn't[/usenetquote2] [usenetquote2]> >have to be a resident. Being a citizen (Gambia, right?) and part year resident may[/usenetquote2] [usenetquote2]> >or may not qualify you. It is up to the consular people, they are the ones you[/usenetquote2] [usenetquote2]> >should ask. I doubt anyone in this newsgroup has filed DCF in Gambia as a dual[/usenetquote2] [usenetquote2]> >citizen of Gambia/US.[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >Michael[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >[/usenetquote2] > > > Yes, but you are not on speaking terms with the President of Guatemala. |
Hi everyone.. Just to let you know that my daughter was granted her immigrant visa 8
weeks after the original petition had been filed.. I came over on the K1 visa back last year, but since the one year window had expired for my daughter to follow me, we had to file the immediate relative visa.. That itself would have taken between 12-18 months to process, but after phoning the US Embassy where my visa was granted.. I was informed ny a very helpful consular to write a letter and fax it to them .... 2 days later we had a fax back informing us that they were prepared to accept the petition there and it would take 6-8 weeks to process. It was approved and I flew back to the UK last week to be with my 14 year old daughter for her interview.. The interview was less that 2 mins and she was granted the visa immediately... We flew back to the states yesterday.. I urge anyone in our situation to try phoning or contacting the Embassy because sometimes they can "bend the fules a little" Since my daughter was listed on the K1 petition but did not follow us within the year, I believe that this helped us filing the I-130 for her dong DCF in the UK even though we were still living in the USA... Hope this info helps.... At last we get to have our daughter and new son who is only 4 weeks old with us for Xmas this year.. ................................. |
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