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sbane12

K-1 Petitioned but faster to go DCF route (Japan) ?

By sbane12 in K-1 Fiance(e) Visa Process & Procedures

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sbane12 Explorer

sbane12   63

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So I sent my packet for K-1 petition in Jan with a receipt date of Jan 24th. My Fiance was born in Cambodia but currently holds a student visa in Japan and is studying and working in Japan. She has been there for a year now. 

Someone recently told me that going there soon and just getting legally married in Japan, then filing for DCF would still be much faster (for her to be able to come to USA) then if I keep waiting on my current K-1 and keep on that path.

Can anyone shed some light on this if it holds any truth? Would DCF even be available if she is only on a Student visa? 

Thank you.

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CM&KV Collaborator

CM&KV   72

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Filed: Lift. Cond. (pnd) Country: Russia
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I could be wrong on this, but according to this link, Japan doesn't have an embassy that would take a DCF. There is an office in South Korea, but they would be needing to live there and outside the area needs to have an extreme reason to file with them.

 

 

Also in general, DCF is allowed if the USC has lived there for 6 months or more.

 

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/south-korea-uscis-seoul-field-office

 

 

 

So I guess at this rate, assuming you live in the USA, and petitions to Japan don't take longer than 6 months, K1 will be faster.

 

I-130 CR1 Timeline  Visa has been issued!!!!!! = ^.^= YAY!

Spoiler

Service Center - Texas

Sent Jan 2nd 2018  PD: Jan 3rd 2018

E-notification: Jan 8th 2018 NOA1 Hard copy: Jan 12th 2018

NOA2: June 28th 2018, new website. Old website: July 17th sent to DOS (finally appeared July 29th, after 206 days after petition sent and stating not found) Emails & texts: nothing. Hard Copy states NoA2 is June 27, 2018.

NOA2: Hard copy: July 2nd 2018

Sent to DOS: New Website: July 18th 2018. Old website July 17th (Case number was finally found after 206 days of submitting petition, appeared on July 29th.)

Received NVC: July 24th 2018, per calling NVC option 5. 

New Case number #: Via email August 21st 2018. While on the phone with the hubby. Case is PIVOT. 

Fees paid August 21st 2018. Marked as paid on August 23rd 2018.

DS-260 filled and submitted:  August 27th 2018

AOS documents filled and submitted: August 29th, 2018

IV Documents: Submitted August 31st, 2018

Case Complete: September 11th 2018 via website 
Received Interview data: From embassy Oct 13, from NVC: Oct 15th.
Interview: originally Nov 27th, rescheduled to Nov 29th.

AP

Spoiler

Nov 26th 2018 AP.
Interviewed on Nov 29th, was told everything is good, asked for CV / resume, kept passport.

Nov 29th Email submitted.

Nov 30th They sent us an email for a physical copy.

Dec 3rd Submitted. Dec 4th They received.

Dec 7th, 14th,18th, 19th, 20th case was touched.

Dec 21st ready for Pick up. Dec 23rd pick up passport with no visa.  Was told due to holidays they resent passport incase Husband needed it, and to return it back on Jan 9th.

Jan 15th, sent off passport back to Embassy, Jan 16th case updated and received passport. 
Jan 24th case touched. Feb 1st sent email asking if they needed anything from us, replied Feb 5th stating still going thru AP, no change on website. Feb 13th, case was touched. March 5th sent email (not by travel docs) asking what we are waiting on, received auto email, unsure if case touched was touch per auto email.
March 5th, 7th case was touched. Also UStraveldocs passport states "There is no status update available for the passport number submitted"

March 15 Sent message via ustraveldocs about what's going on etc etc.
March 19: reply from Embassy Stating we have been approved and should get visa in 1-2 business days! 

March 20th: Issued!!!!! ViH: March 21st.
POE: Aiming for April 26th. 

Our Visits

Spoiler

Him: J1 Visa (no 2 home requirement) May 2015-Nov 2016 Officially met: Late July 2015 Started relationship mid-Aug 2015

Business trip B1 (Him): May 2017 - Nov 2017

2nd Business trip (Him): Feb 2018 - May 31st 2018

2nd visit hopefully when he moves to the USA.

ROC (LA, CA Area): sent  April: 12th 2021, Case transferred June 17th. Bios Jan 4th 2022. Ready for schedule interview Jan 5th 2022. Interview scheduled on Jan 11th 2022 for Feb 18th 2022. Approved at interview. Green card sent Feb 23rd 2022. Green Card in hand Feb 28th 2022. 
Next N-400: Submitted May 27th 2023, bios being reused. 

IR-2 (Step daughter, Ukraine): Sent June 7th, 2021 via online. Case was actively being looked at since Nov 2nd 2021. Approval Feb 16. Case sent to NVC Feb 19th 2022. Interview Dec 17, VIH 18th, POE Dec 26th 2022.

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s + j Enthusiast

s + j   71

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Filed: AOS (pnd) Country: Sweden
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If you're married and still keep going on the K-1 Visa path, that's fraud, and you need to switch to CR1 (I-130). And I do believe her interview has to be conducted in her HOME country, not where she's currently residing.

K-1:
06/08/2016: I-129F Sent

06/16/2016: Check cashed

08/23/2016: Approval

09/09/2016: At the Stockholm Embassy

09/28/2016: Embassy received completed medical

09/29/2016: Interview date, APPROVAL 

10/14/2016: Visa ISSUED

10/17/2016: Visa received

 

AOS
12/22/2016: I-485, I-131, I-765 Sent

01/10/2017: Check cashed

02/03/2017: Biometrics completed

04/17/2017: Your case is ready to be scheduled for an interview

01/20/2018: I-485 Interview letter received

02/01/2018: I-485 Interview, APPROVAL 

 

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sbane12 Explorer

sbane12   63

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1 minute ago, s + j said:

If you're married and still keep going on the K-1 Visa path, that's fraud, and you need to switch to CR1 (I-130). And I do believe her interview has to be conducted in her HOME country, not where she's currently residing.

We are not married, I was inquiring to see if it was accurate that getting married in Japan and filing for DCF was faster then waiting out our current K-1.

The interview is conducted in the country of residence as long as they are there legally. So her interview will be in Japan.

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s + j Enthusiast

s + j   71

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Filed: AOS (pnd) Country: Sweden
 Timeline
Posted
5 minutes ago, sbane12 said:

We are not married, I was inquiring to see if it was accurate that getting married in Japan and filing for DCF was faster then waiting out our current K-1.

The interview is conducted in the country of residence as long as they are there legally. So her interview will be in Japan.

Oh, okay! I thought that it was always in the home country :)

 

K-1 is faster than CR1 however.

K-1:
06/08/2016: I-129F Sent

06/16/2016: Check cashed

08/23/2016: Approval

09/09/2016: At the Stockholm Embassy

09/28/2016: Embassy received completed medical

09/29/2016: Interview date, APPROVAL 

10/14/2016: Visa ISSUED

10/17/2016: Visa received

 

AOS
12/22/2016: I-485, I-131, I-765 Sent

01/10/2017: Check cashed

02/03/2017: Biometrics completed

04/17/2017: Your case is ready to be scheduled for an interview

01/20/2018: I-485 Interview letter received

02/01/2018: I-485 Interview, APPROVAL 

 

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sbane12 Explorer

sbane12   63

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5 minutes ago, s + j said:

Oh, okay! I thought that it was always in the home country :)

 

K-1 is faster than CR1 however.

Normal CR1, but I am hearing DCF is like 3 month max process, with some articles from a few years ago being like a few weeks reported in some cases as well.  But I guess either way the 6 month rule for both people in the relationship is the killer here.

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Dutchster Proficient

Dutchster   1,106

Posted
Filed: Citizen (apr) Country: Netherlands
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Posted (edited)

There are certain requirements you have to meet to be eligible for DFC. One is that you, the US citizen, lived with your spouse for six months at least during filling.

So technically seen if US Embassy Japan had a USCIS field office it'd only be possible if you lived there. K1 is your faster option right now.

Edited by Dutchster

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC) 
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  
'Merica. 

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Dutchster Proficient

Dutchster   1,106

Posted
Filed: Citizen (apr) Country: Netherlands
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Posted

Plus Japan has no USCIS field office so DCF is no option at all.

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC) 
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  
'Merica. 

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Dutchster Proficient

Dutchster   1,106

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted (edited)
22 minutes ago, s + j said:

If you're married and still keep going on the K-1 Visa path, that's fraud, and you need to switch to CR1 (I-130). And I do believe her interview has to be conducted in her HOME country, not where she's currently residing.


She can have her interview in the country she resides in. She just needs to have her police report from home at least.

Edited by Dutchster

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC) 
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  
'Merica. 

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

As others noted, DCF is not available for you:

  1. Japan does not offer DCF.
  2. DCF normally requires the USC to have residence in that country for at least 6 months. The specific requirements differ from embassy to embassy (Australia once did not require any residence!).

K-1 is your fastest route to be together in the US. The interview for your fiancee can be at any embassy that processes K-1s where she has legal status. Japan should be fine. Good luck.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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