DCF Questions

[k2daho 0]

My husband and I are looking at DCF as an option for us. He is living in Africa on a 2 year contract and I am currently in the USA, but am a Canadian citizen. I can legally be here in the States for 180 days so I'm good on that part.

He spoke to the Embassy today where he is and they say that DCF is available to us, but I have a question about where I'd apply for the visa once the I-130 was approved. I presume I'd be able to do that in Canada, right? Or do I have to be in the same country that he is in???

Please help me figure this out

[trailmix 77]

My husband and I are looking at DCF as an option for us. He is living in Africa on a 2 year contract and I am currently in the USA, but am a Canadian citizen. I can legally be here in the States for 180 days so I'm good on that part.

He spoke to the Embassy today where he is and they say that DCF is available to us, but I have a question about where I'd apply for the visa once the I-130 was approved. I presume I'd be able to do that in Canada, right? Or do I have to be in the same country that he is in???

Please help me figure this out

In order to direct consular file you will need to be in Africa with him (in general most consulates require that you be in the country for at least 6 months first). Your interview will be scheduled there. Now whether or not you could then transfer your interview to Montreal - I'm not sure. I have seen a couple who had their case transferred from Montreal to Ireland (however he was an Irish citizen and they found they were not eligible to interview in Montreal as he was only here on a tourist visa).

Edited January 23, 2008 by trailmix

[k2daho 0]

Why would I need to be there for six months? I thought the residency requirement was only for the USC filing, no?

My husband and I are looking at DCF as an option for us. He is living in Africa on a 2 year contract and I am currently in the USA, but am a Canadian citizen. I can legally be here in the States for 180 days so I'm good on that part.

He spoke to the Embassy today where he is and they say that DCF is available to us, but I have a question about where I'd apply for the visa once the I-130 was approved. I presume I'd be able to do that in Canada, right? Or do I have to be in the same country that he is in???

Please help me figure this out

In order to direct consular file you will need to be in Africa with him (in general most consulates require that you be in the country for at least 6 months first). Your interview will be scheduled there. Now whether or not you could then transfer your interview to Montreal - I'm not sure. I have seen a couple who had their case transferred from Montreal to Ireland (however he was an Irish citizen and they found they were not eligible to interview in Montreal as he was only here on a tourist visa).

[trailmix 77]

Why would I need to be there for six months? I thought the residency requirement was only for the USC filing, no?

You normally have to appear in person (both of you) to file. Your interview will be scheduled at that local consulate and they will expect you to have a valid visa to be there - normally a visa that extends at least 6 months after filing.

This is in general, it's best to check with the consulate in that particular country for their guidelines. Which consulate has he contacted?

[payxibka 10,044]

If you are already here (in the US) why do you not just file an I-485 along with the I-130?

Edited January 23, 2008 by fwaguy

[MargotDarko 0]

If you are already here (in the US) why do you not just file an I-485 along with the I-130?

From her other post, you can see that she had intent to immigrate when entering. She had applied for a K1 and then since it was taking so longer she went to the US and married him, planning to visit until he was deployed. She's not eligible to file the I-1485 with the I-130 and just stay in the US.

[payxibka 10,044]

OK...

The I-130 needs to be filed in the beneficiary's country of legal residence. The USC must fulfill the residency requirement of consulate accepting the filing... In essence it is not apparent that he could file the petition at a consulate in Africa assuming you will be interviewing at a consulate in Canada....