DCF in Tokyo (with a twist)

[Night_owl 0]

Dear VISAJOURNEY,

After reading the guides on your wonderful site, I came across the until now unknown to me option of DCF. However while I do want to proceed with this method I am uncertain if it is viable given my slightly unorthodox circumstances. It does appear that Japan is one of the few countries where DCF can be undertaken while the American spouse is not a resident in that country, however my fiancee is not Japanese. Rather she is a Korean national who has lived in Japan for the past 8 years as a student, and still has a valid visa there until next year. According to the embassy site (http://tokyo.usembassy.gov/t-main.html) IR1/CR1 forms can be dropped off for non-Japanese spouses, but the quoted processing time of 4-6 months may take longer. Other than that I see no references to DCF.

My question is this: Can DCF be done despite my fiancee not being a Japanese citizen? Is dropping off the paperwork/interviewing there the same thing as DCF, or to I have to ask for DCF services? Will it really take over 6 months if I apply there as opposed to the US (thus negating the time benefit for DCF)?

Thank you all very much for your help and input! I appreciate it very much!

Edit: Thank you also to shadryn for your post on your DCF experience...that's been a big help.

Edited September 7, 2009 by Night_owl

[canadian_wife 1,823]

What is your status in Japan?

[Night_owl 0]

What is your status in Japan?

Nothing as of now- I haven't registered yet as I am not fully sure whether to go with DCF or a k-1.

Edited September 7, 2009 by Night_owl

[meauxna 15]

Dear VISAJOURNEY,

After reading the guides on your wonderful site, I came across the until now unknown to me option of DCF. However while I do want to proceed with this method I am uncertain if it is viable given my slightly unorthodox circumstances. It does appear that Japan is one of the few countries where DCF can be undertaken while the American spouse is not a resident in that country, however my fiancee is not Japanese. Rather she is a Korean national who has lived in Japan for the past 8 years as a student, and still has a valid visa there until next year. According to the embassy site (http://tokyo.usembassy.gov/t-main.html) IR1/CR1 forms can be dropped off for non-Japanese spouses, but the quoted processing time of 4-6 months may take longer. Other than that I see no references to DCF.

My question is this: Can DCF be done despite my fiancee not being a Japanese citizen? Is dropping off the paperwork/interviewing there the same thing as DCF, or to I have to ask for DCF services? Will it really take over 6 months if I apply there as opposed to the US (thus negating the time benefit for DCF)?

Thank you all very much for your help and input! I appreciate it very much!

Edit: Thank you also to shadryn for your post on your DCF experience...that's been a big help.

"DCF" is not an official consular term, so don't use that. It's YOU who first has to qualify to file locally (in Japan) by being properly resident there for 6+ months. If you don't fit that criteria, your I-130 generally won't be accepted and you'll be instructed to file the I-130 in the US.

Your (then) spouse being a 3rd country national is not a problem, that's exactly what we did. My UKC spouse was resident in Greece, I was temporarily resident there, I filed the I-130 in Athens and that's where he went for visa processing. Visa application/service is based on the beneficiary's residence in a Consular district.

If there is any additional delay for processing a 3rd country national, it's only because the local staffers won't be as familiar with her documents from Korea.

Where did you see the info about it being OK for the USC to be non-resident and still file? I'm not aware of anywhere offering that on a regular basis; the 2007 changes tightened down all of that practice.

[Neonred 3,575]

From the Tokyo embassy site

Important Notice

Effective immediately, the consular sections of the American Embassy in Tokyo and the American Consulate General in Naha will accept family-based I-130 petitions filed by American citizens who have been resident in Japan for at least the preceding 6 months.

[canadian_wife 1,823]

DCF can only be filed if the US citizen is, as Neonred stated, a legal resident (not a tourist) of Japan for 6 months. After 6 months, the US citizen can file at the US consulate in Tokyo. It's not so much your fiance's status that is important, it's yours

Good luck.

[redglasses 1]

This doesn't sound you are qualified for DCF.

The petitioner (USC) has to be a resident of Japan (= holding some kind of Japanese visa which isn't VWP) more than 6 months.

The beneficiary's nationality doesn't matter as others say.

I saw many non-Japanese beneficiary at the time of my I-130 petition at the US embassy Tokyo.

[Night_owl 0]

This doesn't sound you are qualified for DCF.

The petitioner (USC) has to be a resident of Japan (= holding some kind of Japanese visa which isn't VWP) more than 6 months.

The beneficiary's nationality doesn't matter as others say.

I saw many non-Japanese beneficiary at the time of my I-130 petition at the US embassy Tokyo.

You guys are right- the material I was reading was outdated. I was a legal resident of Japan for awhile, but haven't been for the past year or so. I guess I will have to use another route. Thanks!