Do both spouses need to attend DCF interview?
Jun 16th 2010, 8:11 am
#1
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Do both spouses need to attend DCF interview?
I've read the sticky and embassy web sites, but I'm still not clear. I petitioned on behalf of my husband of 11 years for permanent residence via a DCF filing in London. I understand I need to maintain UK residence during the process. But I would like to take our children to the US to get them settled and registered for school for Sep. Do I need to be available to return to the UK at any time for the interview? Or is it just my husband as the immigrant? When we got his green card first time around in the US, we both did the interview to establish validity of relationship etc but that shouldn't be an issue this time, but maybe they need to speak to me to confirm anyway. Thanks!
Jun 16th 2010, 8:16 am
#2
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Re: Do both spouses need to attend DCF interview?
I've read the sticky and embassy web sites, but I'm still not clear. I petitioned on behalf of my husband of 11 years for permanent residence via a DCF filing in London. I understand I need to maintain UK residence during the process. But I would like to take our children to the US to get them settled and registered for school for Sep. Do I need to be available to return to the UK at any time for the interview? Or is it just my husband as the immigrant? When we got his green card first time around in the US, we both did the interview to establish validity of relationship etc but that shouldn't be an issue this time, but maybe they need to speak to me to confirm anyway. Thanks!
You are not required to attend his immigrant visa interview. In fact, even if you did attend, you probably would not be allowed to approach the interview window, and would just wait in the waiting area.
So you can go ahead and go to the USA and get life set up there. That actually helps your case, because then the question of your domicile is solved.
Rene
Jun 16th 2010, 8:50 am
#3
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Re: Do both spouses need to attend DCF interview?
You understand incorrectly.
Have a safe trip.
No.
Yes.
Ian
But I would like to take our children to the US to get them settled and registered for school for Sep.
Do I need to be available to return to the UK at any time for the interview?
Or is it just my husband as the immigrant?
Ian
Jun 17th 2010, 9:10 am
#4
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Re: Do both spouses need to attend DCF interview?
You don't need your US spouse there, but they can go. In our case, if I'd gone ahead and went with my UK husband to the London Embassy, our 864 issue would have been resolved on the spot. The CO asked if I was there for that reason, but I was back in Scotland.
Not necessary or required for USC to be there, but the USC is not barred from entering the Embassy with you and wait.
Not necessary or required for USC to be there, but the USC is not barred from entering the Embassy with you and wait.
Jun 18th 2010, 4:38 am
#6
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Posts: 14,049
Re: Do both spouses need to attend DCF interview?
Point of clarification - the visa interview is the visa interview, without regard to where the petition was filed. The term "DCF interview" has meaning only if the USCIS office in London calls you in to discuss your petition prior to approving it and passing it over the wall to the embassy's consular section. (And, in the UK, 'DCF' really isn't. It just 'feels' like it.)
Regards, JEff
Regards, JEff
