Hubby is a USC and I am the Alien lol. We were gathering all the paperwork for the DCF process. Hubbby has been living here in Australia for almost 6yrs and we have sold everything and moved in with my parents to save some $$$$ before the move. We have 3 kiddies and were hoping to get to the USA by August (school year for our eldest)

Now that DCF is no longer, what Visa do we get? I wouldn't know where to start again now, as i have so much DCF visa info in my head.

The consulate said go the K3 visa route to get there quicker and file some adjustment thing when we are there..... I wanted to have all of the paperwork done here so we didn't have to worry about anything but citizenship later down the track.

Who out there was doing DCF? and now what visa are you going to do?


Emerald

DCF is not a visa just the process of filing for a CR-1 or IR-1 visa at the consulate or embassy, there is still a US domicile requirement, and tax filing requirement. Your husband would file the paperwork to the USCIS service center that has jurisdiction over the location of his domicile in the United States. He can claim his domicile is a parent's home.

SEE:

• http://travel.state.gov/visa/immigrants/immigrants_3121.html
• http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf (Explains the Affidavit of Support (I-864) and Domicile requirement and tax filing requirement)
• http://travel.state.gov/visa/immigrants/ty...types_2991.html (CR-1, IR-1 visa, is the same if filed DCF or filed at USCIS)
• http://travel.state.gov/visa/immigrants/ty...1.html#Domicile (Explains Domicile requirement)

Well you need to keep in mind tat DCF is not completely gone. Just wait a couple of weeks (some actually say a couple of days) and we should have some ore clarification on the DCF problem.
RUMOR has it that it wlll go back to the way it was. Overall I would suggest waiting. I would say wait until the beginning of March because that is the target date USCIS has set to complete the DCF's that were filed befre Jan 23rd.

If nothing has come bak then I think U will have to go through on the K3 visa which I dont know about your kids (and their status) but I have serious doubts that you would be able to complete your visa before autumn if you do it via America as the FASTEST a K3 gets through is 6 months.

Fofire

So the this CR-1 or IR-1 is pretty much the same as the DCF process? How long does it normally take for this visa? WOuld a K3 be faster?

Hubby and i have discussedd staying longer if this is the case, and save more $$$$ and get there by school year next year.

We were about to put in for his taxes, which i will still go ahead and do..

Kids are USC, so they are fine, its just a visa for myself.

Domicile isn't a problem for us, we have spoken to the consulate and they say his parents or sisters address is fine.

I think i'll wait till the outcome of DCF and if nothing comes out of that, i'll have to work out which visa to go for....

Thanks
Emerald

Yeah I think that waiting to see wat happens with DCF is gonna be your best option. Take a look at th top of the website and click on either Processing times or Immigration Timelines.

That ill give you an idea of how things work and what takes so long.

when you click on processing times the graph on the right is for K1 visas. Im not really sure where the numbers come from that.

Anyhow according to the Aila
( American Immigrtion Lawyers Assoc )

Back on Dec 18 in California they were processing files that were received on June 15, 2006

Where did you find this information??

Its in one of the other threads. Im too lazy/busy to look it up right now but like I said its unofficial. Its in one of the ones talking about DCF no longer being available or its in the one explaining whats going on with DCF.

Like I said its a rumor so dont quote me on it. I do have my hopes up because it will be a ###### for me to do it any other way.

E, it's really all the same visa. The big difference is in where the intial petition is filed (it is much faster to file in Oz than in the US).

Everything starts out with an I-130 petition, including the K-3 visa. The 'Start Here' link on the Guides page explains the 3 marriage-based visa options.

Thank you all for that. Shame it has to go all the way over to the USA> hope that dosn't slow it down to much. WIll pop on tonight and look into the time lines etc.


Thanks

Where did you get this information that they are going to finish these cases till the beginning of March?Is it official?If so,this is such a good news!!! Although me and my husband have made a real mess uot of it cos our approved petition stays now with us(they gave it back to us)-isn't it better if I just send it back to them?if they accept it at all

Thats what someone put down as a reply from their consulate. It was in the same thread I quoted before. Like I said its Rumor so dont bet the house on it. I just read today as you probably have also that Chile expects for it to be done within just several days.

Fofire

I think the "early March" reference comes from one of my posts. My congressional rep's office was told by the Paris embassy that there was a "target date" of March 3 to get the petitions back from Rome. To me, this essentially means nothing. It could still take months to reschedule the interview. Besides, "target date" doesn't sound like anything to take to the bank.

Plus, if you look at the "DCF is back?" thread --- it seems that things may be changing. I think all any of us can do is stay tuned (and post if you get new info!)