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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

smdexpat
Hello!

New to the site - lots of great info'.

I would like some advice from anyone with relevant experience please.

Me - UK citizen living and working in Switzerland on a Permit B. Been here since April 2005.
My wife - US citizen been here since july 2005 also on a permit B.

History:

We met in 1999. I was spending a lot of time in the USA for work - but not legally resident - I was in and out of the country about once a month. So we started dating - then the following year I managed to get a job in Seattle and successfully got an H1-B visa in 2000 and moved to Seattle.

Renewed the Visa in 2003 until 2006 - same company. Then the company was acquired - I transferred the Visa to the new company - essentially just a name change.

All this time - I've was living with my girlfriend (now my wife) in Seattle. We then decide to get married and set it all up for July 2005. In the interim, I get a job offer in Switzerland (same company - different office) and start working out of Geneva as of February 2005. Travelling like a lunatic and basically living out of hotels around the world.

I travel back to Seattle, get married and then my wife and I move together to Switzerland in July 2005.

H1-B expired gracefully and with a gentle sigh in December 2006. Since then I have been in and out of the USA several times on the Visa waiver program for business.

Since then we've been living happily in Switzerland and also had a baby in August last year.

So - to get to the point. We want to move back to the USA.

I work, my wife does not - and has not worked since 2001. I would therefore be the "bread winner" in the USA.
We have assets in excess of the requirements and I have a job offer for a position in the USA - but it is contingent on Visa/Green card approval for me. Basically I would start as soon as I get approval to move to the USA, even it meant working from Europe for a while.

Does anyone have any experience of a similar process?
Also - is there a DCF processing centre in Switzerland?
How long does it take?
Are there any pitfalls/problems to be aware of?
Will the fact that my iwfe doesn't work be a problem?
What about the lack of USA residence? What address should we use?

many many thanks - look forwards to hearing about other people's stories smile.gif

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homesick_american
QUOTE(smdexpat @ Apr 12 2007, 05:01 AM) *
Does anyone have any experience of a similar process?


We did a DCF here in the UK last year. good.gif

QUOTE
Also - is there a DCF processing centre in Switzerland?
How long does it take?
Are there any pitfalls/problems to be aware of?


I don't know, but this is an excellent place to start:

http://bern.usembassy.gov/immigrant_visas.html

It looks as if there is a center in Switzerland for this but that's from a 10 second glance at the website.

How long...I don't know. How long is a piece of string? London can take anywhere from 6 months to a couple of years. If yours is a straightforward app and there's no criminal history anywhere or visa irregularities (overstays) and no other bumps then I don't see why it shouldn't take more than a few months.

Pitfalls...there are many. You'll avoid them by following the instructions you are given to the absolute letter. If unsure, double-check.

QUOTE
Will the fact that my iwfe doesn't work be a problem?


Not at all.

QUOTE
What about the lack of USA residence? What address should we use?

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In order to file in Switzerland you have to be residing in Switzerland, so use your Swiss address. I don't know what the potential domicile issues would be; from other threads I've seen that different embassies/consulates apply the rules differently. I have lived in the UK for six years and have not maintained a residence in the United States (though mail still arrives for me at my parents' house, and I still have a driver's license in Texas) and domicile was not a problem for us in the slightest. They didn't even ask.

Hope this helps, and good luck!
meauxna
QUOTE(smdexpat @ Apr 12 2007, 03:01 AM) *
So - to get to the point. We want to move back to the USA.

I work, my wife does not - and has not worked since 2001. I would therefore be the "bread winner" in the USA.
We have assets in excess of the requirements and I have a job offer for a position in the USA - but it is contingent on Visa/Green card approval for me. Basically I would start as soon as I get approval to move to the USA, even it meant working from Europe for a while.

Does anyone have any experience of a similar process?
Also - is there a DCF processing centre in Switzerland?
How long does it take?
Are there any pitfalls/problems to be aware of?
Will the fact that my iwfe doesn't work be a problem?
What about the lack of USA residence? What address should we use?

many many thanks - look forwards to hearing about other people's stories smile.gif

good.gif


hi & Welcome!

On the face, it looks like you are good to go; you just need your USC to get in touch with Bern and ask them if she needs an appointment to file her I-130, or how they would like to handle it.
The essential difference between how things are today vs how the Guide is written is that there will be a two week namecheck built in after the I-130 submission. (I'm leaping ahead here and presuming you've read thru the DCF Guide: http://www.visajourney.com/forums/index.ph...m&page=dcf).
The USC must now go through a namecheck looking for past domestic convictions (Adam Walsh Act if you want to look up details). I'll go ahead and presume this will not be a sticking piont for you.

Timelines vary by Consulate; we haven't had any recent Swiss posters, so you will have to go with what Bern tells your wife. She can ask how long the total processing (I-130-->visa) typically takes. Stay flexible and do not buy tickets or make plans too far ahead.

Your wife not working is fine. You've stated that you have ample assets (3X the poverty guideline for your family size) AND a job offer in the US. Document both up the wazoo (you lived in SEA, you know what I mean--we're down in PDX by the way). Each step in its time.

You want a stable US address--you mentioned your wife's mom somewhere? If it's your intention to live there when you first relocate, you may use that address. Many DCFers do (well, not everyone lives with HER mom.. each kid to their own mom).

I find it helpful to make lists--you'll find your own technique for being organized. Whatever helps you "see" the process in your mind, go for it. If yoiu want to regurgitate your understanding of what you'll do here, we'll be able to steer you right if you've missed something.

The most time consuming part that is under your control is gathering your documents. You can start ordering police & military certificates, past divorce records if needed, downloading forms and having a practice run (especially I-864). Based on my assumptions from what you've said about your work, I think you will find this is not too complex, just a lot of tedious detail.

Best wishes and keep us posted!
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