Emilandshannon

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

Onigiri

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Ask the consulate when you get there.

Danny Davis

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?

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Rete

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

Alvena Ferreira

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:
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Michael Voight

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

Toni B

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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.

Michael Voight

Toni B wrote:
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[usenetquote2]> >From: Michael Voight [email protected][/usenetquote2]
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[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]
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Yes, but you are not on speaking terms with the President of Guatemala.

Dawn

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..
.................................