Anyone ever done DCF in Vietnam before? What should I do?

[Dai. 7]

I've been in Vietnam since the end of January and I've almost been here a year. I have read in DCF forums that people are getting their Visas after 3-4 months from the beginning of filing the I-130. I have started my CR1 process with filing my I-130 in June at VSC, was transfered to CSC Dec. 17th, and is now pending at the CSC office. After Tet is when I have been here for a year and I'm debating on starting the DCF process. Does anyone think I would have better luck in getting my wife to US faster with Direct Consular Filing than the current process I am doing for her now at UCIS? Any one with experience in this can you please help me. Any input would be greatly appreciated.

-Dai_VN

[Teacher Mark 53]

As far as I know DCF's are not accepted there. The only option is to live there a year and file at the USCIS field office in Saigon. This would make no sense in your case since you have filed already.

[hieumin 2]

YOU CAN DCF filing only for CR1/IR1 only and not for K1, read this

Can I file a petition for any kind of visa for my fiancée/wife when I am here in Vietnam?

The fiancé(e) petition cannot be filed with oversea offices. The only petition that you may be able to file while you are in the country is spousal petition for her (Petition for Alien Relative, Form I-130). This petition can be filed with local CIS offices (Citizenship & Immigration Services). To be eligible to file an I-130 application with our DHS office in Ho Chi Minh City, you must establish that Vietnam is your place of residence, and that you have continuously resided in the country for a period of not less than one year with no more than thirty days accumulated absence during any calendar year.

[Teacher Mark 53]

YOU CAN DCF filing only for CR1/IR1 only and not for K1, read this

Can I file a petition for any kind of visa for my fiancée/wife when I am here in Vietnam?

The fiancé(e) petition cannot be filed with oversea offices. The only petition that you may be able to file while you are in the country is spousal petition for her (Petition for Alien Relative, Form I-130). This petition can be filed with local CIS offices (Citizenship & Immigration Services). To be eligible to file an I-130 application with our DHS office in Ho Chi Minh City, you must establish that Vietnam is your place of residence, and that you have continuously resided in the country for a period of not less than one year with no more than thirty days accumulated absence during any calendar year.

Like I said before, you can file with the USCIS Field office after living there a year. That is not a Direct Consular Filing.

Edited December 27, 2008 by Joe Six-Pack

[Teacher Mark 53]

YOU CAN DCF filing only for CR1/IR1 only and not for K1, read this

Can I file a petition for any kind of visa for my fiancée/wife when I am here in Vietnam?

The fiancé(e) petition cannot be filed with oversea offices. The only petition that you may be able to file while you are in the country is spousal petition for her (Petition for Alien Relative, Form I-130). This petition can be filed with local CIS offices (Citizenship & Immigration Services). To be eligible to file an I-130 application with our DHS office in Ho Chi Minh City, you must establish that Vietnam is your place of residence, and that you have continuously resided in the country for a period of not less than one year with no more than thirty days accumulated absence during any calendar year.

Like I said before, you can file with the USCIS Field office after living there a year. That is not a Direct Consular Filing.

I've done a little more research on this and it appears that some are now using DCF as the process of filing at the USCIS field offices. It used to be that you could go to an Embassy or Consulate and file directly there. USCIS was not in the mix, if I am reading these posts right.

Regardless, you have filed with USCIS already. If it was me I would just wait.

[Teacher Mark 53]

I finally got a response from USCIS Saigon:

Dear Sir or Madam,

If a person is married to a Vietnamese citizen, and the USC/petitioner lives in Vietnam, does the USC have to live in Vietnam at least a year before filing directly at your field office?

Their reply:

Thank you for your inquiry. Please be advised that in order for the petitioner to be qualified to file an I-130 application with USCIS-HCM, he needs to prove that he’s been in the country for at least 6 months and has a residency visa to reside in Vietnam for another year. Proof of residency and working contract are also required.

We hope the information above is helpful to you.

Regards,

USCIS-HCMC