Marriage in US prior to DCF?
#16
Forum Regular
Joined: May 2001
Posts: 110
Re: Marriage in US prior to DCF?
Carl, the 30/60 rule doesn't seem to apply for DCF. This has more to do with getting married on the spur of the moment (instead of decided before arriving in the US) and then apply for AOS. You can fly into the US and only be there for 2 days and then get married as long as you leave the country (that is without having to give good proof that you married spur of the moment). Once you are out of the country the INS doesn't care, it suggests to them that you're just going to file an I-130.
As for then going for DCF, well that would highly depend on which country you are returning to to file DCF. Countries like the UK don't even allow DCF without the American being a qualified resident of Britain. Other countries allow DCF without such restriction. So I think the point is, 30/60 day rule has nothing to do with DCF. You'd be more concerned with a specific consulate decision. Probably the best place to find this information would be on the American embassy/consulate sites for the country in question.
Check out this Yahoo sites for all of the American embassies/consulates with webpages, you might find your answer there: http://dir.yahoo.com/Government/U_S_...nd_Consulates/
-Matt
As for then going for DCF, well that would highly depend on which country you are returning to to file DCF. Countries like the UK don't even allow DCF without the American being a qualified resident of Britain. Other countries allow DCF without such restriction. So I think the point is, 30/60 day rule has nothing to do with DCF. You'd be more concerned with a specific consulate decision. Probably the best place to find this information would be on the American embassy/consulate sites for the country in question.
Check out this Yahoo sites for all of the American embassies/consulates with webpages, you might find your answer there: http://dir.yahoo.com/Government/U_S_...nd_Consulates/
-Matt
#17
Guest
Posts: n/a
Re: Marriage in US prior to DCF?
Thanks Matt. I was a little confused when I first read the FAM 30/60 section because
they kept refering to aliens making misrepresentations to consular officers, but I
think now that they were in the context of when people filed or applied for
non-immigrant visas at a foreign consulate prior to entry to the US, not people
directly filing I-130 applications at the consulate. And I called the Madrid embassy
last week to ask if they permit DCF by non-residents and they do allow it (amazingly
even if both husband and wife are non-residents, although one obviously needs to have
Spanish citizenship).
Carl
timiny74 wrote:
> Carl, the 30/60 rule doesn't seem to apply for DCF. This has more to do with
> getting married on the spur of the moment (instead of decided before arriving in
> the US) and then apply for AOS. You can fly into the US and only be there for 2
> days and then get married as long as you leave the country (that is without having
> to give good proof that you married spur of the moment). Once you are out of the
> country the INS doesn't care, it suggests to them that you're just going to file an
> I-130. As for then going for DCF, well that would highly depend on which country
> you are returning to to file DCF. Countries like the UK don't even allow DCF
> without the American being a qualified resident of Britain. Other countries allow
> DCF without such restriction. So I think the point is, 30/60 day rule has nothing
> to do with DCF. You'd be more concerned with a specific consulate decision.
> Probably the best place to find this information would be on the American
> embassy/consulate sites for the country in question.
>
> Check out this Yahoo sites for all of the American embassies/consulates with
> webpages, you might find your answer there: http://dir.yahoo.com/G-
> overnment/U_S__Government/Embassies_and_Consulates/ -Matt
>
> --
> Posted via http://britishexpats.com
they kept refering to aliens making misrepresentations to consular officers, but I
think now that they were in the context of when people filed or applied for
non-immigrant visas at a foreign consulate prior to entry to the US, not people
directly filing I-130 applications at the consulate. And I called the Madrid embassy
last week to ask if they permit DCF by non-residents and they do allow it (amazingly
even if both husband and wife are non-residents, although one obviously needs to have
Spanish citizenship).
Carl
timiny74 wrote:
> Carl, the 30/60 rule doesn't seem to apply for DCF. This has more to do with
> getting married on the spur of the moment (instead of decided before arriving in
> the US) and then apply for AOS. You can fly into the US and only be there for 2
> days and then get married as long as you leave the country (that is without having
> to give good proof that you married spur of the moment). Once you are out of the
> country the INS doesn't care, it suggests to them that you're just going to file an
> I-130. As for then going for DCF, well that would highly depend on which country
> you are returning to to file DCF. Countries like the UK don't even allow DCF
> without the American being a qualified resident of Britain. Other countries allow
> DCF without such restriction. So I think the point is, 30/60 day rule has nothing
> to do with DCF. You'd be more concerned with a specific consulate decision.
> Probably the best place to find this information would be on the American
> embassy/consulate sites for the country in question.
>
> Check out this Yahoo sites for all of the American embassies/consulates with
> webpages, you might find your answer there: http://dir.yahoo.com/G-
> overnment/U_S__Government/Embassies_and_Consulates/ -Matt
>
> --
> Posted via http://britishexpats.com