Originally posted by ironporer
> I believe I know the answer, but I throw out a question from
> another board:
> I am not clear on one thing, if my fiancee is from Romania, and they
> do not support DCF, I can take her to a 3rd country that does and DCF
> there, and bring her back?
Hi:
Lets forget DCF for a moment and focus on jurisdiction over the ALIEN
spouse's application. The only consulate REQUIRED to take jurisdiction
over the case is in the country where the alien RESIDES. All other
consulates MAY, in their discretion, accept jurisdiction, but they
don't like to.
Besides workload considerations, an out of jurisdiction consulate won't
have a "feel" for the documentation from the other country. So, unless
there is a damn strong reason for not doing in the home country [and
speed is not a "good" reason], it won't be done.
These rules made for interesting practice with Iranians in the early
1980's. There was NO "home" consulate and there was also institutional
hostility towards Iranians due to the fact there was no consulate in
Tehran. [Every ConOff on the planet PERSONALLY knew at least one
hostage]. Consul shopping became a fine art. [BTW, today Turkey and
UAE are designated as the "home" consulates for Iranians].
Maybe at some other time, we might go into the history of "pre-
examination" and "stateside criteria" programs where the Consulates in
Canada would take cases. But that is ancient history now.
__________________
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
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