Hello all,

Up until last night I had never heard of DCF. Someone was kind enough to send me an email and suggest I look at this process.

Our I-129F was received by CSC on 15 March. We were optimistic (and niaive) to think that our application would be smooth sailing and I would be arriving in US with my daughter to start the school year. HAHA

With the IMBRA laws putting the breaks on all applications we wait in limbo. Could it be just a couple more weeks, months, or more?

I'm travelling back to the US in a couple of weeks for a quick visit. Perhaps we could get married in Vegas and abandon the I-129F application for the I-130 DCF.

Is the DCF process really as quick and painless as it sounds? Seems too good to be true.

Would be grateful for any advice, suggestions, past experiences to help us decide what route to travel now.

Thanks

if you can do dcf than i would, its faster. This imbra limbra is goign to take some time

DCF if you can..

michellek1976

DCF in Australia is as easy as. There has been some changes to how DCF is done here but it is still the easiest and quickest way to be reunited. There is no residency requirements of the USC in Australia in order to file. Once approved and granted there is no adjustment of status in the US, as one is granted a conditional green card on entry.
Read HERE about the changes to DCF in Australia.

Thanks for your advice. Still cautious about abandoning the I-129F process. Just our luck that will get approved the day after we get married.

Kicking myself I didn't read about this earlier.

DCF in Australia is soooo wonderful. i'm telling you...three months to our visa...and it could have been shorter could I have made it to Oz sooner!!

With IMBRA...you have no idea WHEN you'll get through all this...I think fall is optimistic!

Regardless. The whole DCF process in australia can be completed from start to finish in a matter of a couple of months or less. 'Mellie' and her now hubby Scott abandoned their K-1 (admittedly their petition got lost) and did DCF and never regretted it. Read up more on it over the next couple of days before making a decision. There is many benefits to it considering it is for the green card with nothing else to do for almost 2 years after entry and one can work straight away etc.

All the best to you in what ever you decide.

Lorelle

Thanks Karo for the initial suggestion and thanks Lorelle for your advice.

I guess we've got the next 3 weeks to see if there is any activity on our I-129F case and if not we'll be off to Vegas!

Just can't believe I had never heard of it - I thought I'd read EVERYTHING there was to read about immigration!

Just have to tell my fiance he needs more vacation time to hand in the form. Damn shame we can't file in Sydney anymore - the Syd-Perth trip is the last thing you need after crossing the Pacific.

No worries! I knew nothing about it either and someone PM'ed me to tell me about it. Best thing that ever happened to me!

I-130 DCF is absolutely faster than I-129f if your goal is Permanent Resident status; the I-129f route can take up to 4 years.

I think the further you look into this, especially with the addition of a child in the mix, you'll find DCF to be The Way to go.
Good Luck!

I was in a similiar situation and went ahead and did the DCF. So glad we did. Entire process from date of first interview to obtaining the Visa was less than 1.5 months. My husband arrives in the US tomorrow night!!!

Hi michelle1976

You may have seen that I'm about to start the DCF process in Australia -- sounds like a great option for you too, so hope you can make it work!

I just want to add- do DCF if at all possible!! My husband and I did DCF in Australia, back in December. Our case only took 2 and a half weeks to process, from start to finish. You're lucky to be able to go through one of the quickest routes, definitely take advantage of that if you can. It's better than waiting on the I-129 for what feels like an eternity and then once you enter the country and get married, having to go through adjustment of status. Make it simple on yourself and good luck!

I'm in the same boat atm. My fiance sent in the I-129F mid-May in the hopes we would be finished by end of year. It's not looking too good with all the IMBRA stuff going on, so I had a look at DCF.

I'll be heading over to see him July 21st for 2 weeks, and am considering taking the DCF route as it seems quicker. I suggested we have a quickie wedding in California when I arrive, and he could come back with me to Australia and file early August in Melbourne (I'm from Adelaide). Upon speaking with the consulate though, my mother (I couldn't call as at work) was told that DCF takes just as long as the I-129F... I was under the impression that without all the Service Centre/NVC it would be a faster option.

How long does the consulate/embassy take to approve I-130's from USC? and what sort of timeline am I looking at for being able to go over and live with him? I've read that packet 3 can no longer be sent out to the beneficiary before I-130 is lodged, so it will take a bit longer than it used to. What type of wait time is there on interviews for the Aus citizen once the checklist has been received back by the consulate?

Also is there any sort of time limit on how long you need to be married before you can file? We'll have only been married for 2 weeks when he lodges the application if we decide DCF is the way to go.

Thanks

HI Alli,
Its like you're telling my story! I'm going to LA on 18 July for 3 weeks. Seriously considering getting married whilst there and husband coming back here to file. From what all aussies are telling me it is very quick - but I'm nervous that with new filing rules Perth consulate may not be experienced with them and we hit obstacles. My I-129F was filed mid-March so we're hoping that the IMBRA RFE will come out soon. If you filed later in May perhaps you've not got as much to time invested to risk. Also concerned that we may look like we're trying to dodge the IMBRA questions and that may raise a red flag.
I'm as confused as you!!

hi girls!
Can I recommend that you read the DCF Guide here at vj? Blue tabs, top of every page.

Plus, some of your questions *you two* willl be the ones to answer! You'll likely be the first couples from here do use the new procedure. Not much will change, btw, (it will be more like the process described in the Guide) and I don't think you have to be worried about the outlying posts getting confused by what to do.

Hi alli

There's no time limit on how soon you can file after the wedding. The only thing is that you now need an official marriage certificate issued by the registrar in the state/country in which you get married, rather than the certificate you receive on the day. If you get married in California, you might want to check how long this will take before you organize flights and the appointment to file the I-130.

I'm intending to put together a summary of the new process to go on the Aussie DCF pinned thread, given the process has changed, but I'm buried in work at the moment. If someone else don't do it first, I'll try to do it sometime soon. Otherwise, hope you can find all the info you need in the threads. It should be a fairly speedy process for you, so good luck!

WE got married in Oz. It took about a month to get the proper certificate. If you go in person...which we did...obviously it's quicker Just a tidbit!

I'm even more confused now. We just received our IMBRA RFE.
Who knows how much time we would save??? I'm going to LA in 2 weeks - if we got married husband would come back here sometime August. Embassy told us minimum 2 months. Are we still likely to save time??!!

michelle,

This 'saving time' you speak of..

Look at the bigger picture, for just a moment.
If you get married, bring him to Australia (how great to meet your family!) and file locally (DCF), when you return to the US, you will be a Permanent Resident from Day One.
That's the bag with all the goodies---you are 'done' for 2 years and are a full participant in American Life.

On a K-1, all it does is get you *to* the US. You then face a period of legal limbo (approved, but limbo all the same) while you apply to Adjust Status. The end result of Adjusting Status (AOS) is.. Permanent Resident status.
DCF allows you to shortcut a potential 2 year wait.

With either visa, you'll probably move to the US in October, maybe sooner with the DCF. If you go via DCF, you'll be done with USCIS for 2 years. (btw, I pulled those times out of my butt---just a wild guess. I personally think DCF will be faster even if you don't start til August)

It's not something you can plan to too fine a point.

Thanks Meauxna,
I guess we're kicking ourselves because we were in Sydney together in April. If only we'd known all this information then I could be on my way permanently and my daughter would be there to start the school year.

We just have a couple of concerns that are holding us back.

My fiance was over here for 2 weeks in April and his boss will not giving him anymore time off. So it would require resigning from his current job and we're worried it could impact on our Support documentation.

And my fiance has a blemish on his record which is affected by IMBRA. We're worried that quitting I-129F after receiving the RFE may look suspicious. I'm also worried that the Perth office may not be able to process the application because of this misdemeanor and will send it back to USCIS.

I do see that getting married and immediately having to apply for adjustment of status is going to be a rush and give me more stress.

We're so afraid of making the wrong decision! And we know, there are no guarantees.

Michelle,

My fiance was also over here in April for 2 weeks, and can not get anymore time off work. We both have no desire to jeopardize his employment, so if he can't get a day or two off in August to fly to Melbourne and file, we can't take the DCF route.

I don't think IMBRA will affect the DCF though, as you will be already married. IMBRA from what I understand is there to protect women before the marriage takes place. They have no control over couples who have already done the deed.

His misdemeanor may be investigated, it may not (they may have no interest in his history as the petition is for you), it might be worth sending another email to the consulate and asking.. I've included in my email the fact that neither my fiance or I have prior marriages/children or criminal history, and asked if that will make our application any quicker, so I'll let you know if they comment on that.

I also don't think that they will consider it suspicious dropping the I-129F after all this IMBRA c-r-a-p. It's conceivable that quite a few people have considered DCF a viable and quicker solution to the problem, irrespective of their criminal history.

michelle,
No use crying over spilt milk, as the saying goes, and regretting what could've been....

The information about work is a crucial piece--I'm old enough to be 'into' security, and employment isn't as easy to get as it used to be. You two will need to decide if staying in Australia a few more months is worth the security of keeping the job. I know you want to be reunited, but especially with a kidlet in tow, I tend to think about the whole delayed gratification thing. We're the grownups here, know what I mean?

As for your concern about his record, IMBRA and what the Consulate in Sydney will think about it, I'm with alli in the main--I think it's a non-issue. People cancel the I-129f all the time and do what you propose.

The reason I suggest you re- and re-review the DCF Guide is partly what you say here about Perth---they will adjudicate the I-130 and the I-130 only. It is to demonstrate two things: That he is a USC and that he has a qualifying relationship with you (marriage). Once that is established, Sydney deals with the visa application. In many Consulates, that process takes a matter of days, not weeks or months. You should really have a crystal clear picture of the process before you embark.

AOS in the States is what it is, or what you make of it. It does offer many opportunities for things out of your control to go badly. Which brings you back around to employment etc. I don't know what kind of work your fiance does, but it could be worth him strategizing an alternative with his employer---maybe there is a way he can take some unpaid time off and keep his job.

It stinks, but you two have to gather all this secondary info and just discuss the pros and cons. There is nothing wrong with waiting a bit and letting things run their course for a couple of weeks while you think about it. You might uncover that getting married in Australia is really important to you, or the US is more important. You can look up the AOS (I-485) timelines and experiences for your District Office in the US and see how that often goes (ie, Florida and NYC can be really long waits). Then in the mean time, you may learn more about what's happening with I-129fs and how the Consulates are handling the interviews---things for your post might not slow down significantly.
Just don't rush to any decision.