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DCF residency requirement

By c0ach in Direct Consular Filing (DCF) General Discussion

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c0ach Newbie

c0ach   0

Posted
Filed: Other Country: Indonesia
 Timeline
Posted

Hi fellow VJ,

If I plan to do DCF for my spouse, how many more months (besides the preceding 6 months), I (USC) need to be at the consulate oversea contry?

I assume, after living oversea for 6 months, we then can apply I-130 at the consulate, then I can come back to the US and my spouse can process the rest of the procedure without being me present in the consulate oversea. Is that correct?

Originally want to pursue K-3 visa but since K-3 visa is no longer valid, maybe we need to do DCF option.

Thank you!

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

The CR1 is the spouse visa that you can petition for from the US. No need for you to go there and stay for 6 months in order to file a spouse petition.

If you are a legal resident of your spouse's country for at least 6 months then you can file for the CR1 directly through the consulate (DCF) You would want to check what the requirements for being a legal resident are.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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TOM&Riz Community Regular

TOM&Riz   4

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Hi fellow VJ,

If I plan to do DCF for my spouse, how many more months (besides the preceding 6 months), I (USC) need to be at the consulate oversea contry?

I assume, after living oversea for 6 months, we then can apply I-130 at the consulate, then I can come back to the US and my spouse can process the rest of the procedure without being me present in the consulate oversea. Is that correct?

Originally want to pursue K-3 visa but since K-3 visa is no longer valid, maybe we need to do DCF option.

Thank you!

You will need to stay until the petition is approved (NO2)

2007-08-21Met through dating site

2007-10-12Hubby's first visit/met me and picked him up in Davao International Airport

2007-10-17Officially engaged to my one and only love hubby & formally proposed in front of my family

2007-10-22Flew back to the US

2008-02-022nd visit of my hubby and picked him up at Cebu International Airport

2008-02-04Went into the US embassy Cebu to get his certificate of legal capacity

2008-02-05Flew back together into Davao City and drove to Tagum City

2008-02-27Our awaited precious moment the WEDDING DAY!!!!

2008-03-04Hubby Flew back to the US

2009-05-013rd visit of my hubby and picked him up at Hong Kong International Airport

2009-05-02We went to Hong Kong disneyland (pretty amazing)

2009-05-03Flew back together into Manila and got his balikbayan visa to stay here with me for one year

2009-12-24First time we celebrate together the Christmas Eve (very much awesome!)

2009-12-31First time we celebrate together the New Years Eve (very much happy)

2010-01-07We celebrate together on his Birthday!

2010-01-15Celebrate together on his cutie wifey Birthday!

2010-01-25Sent I-130

2010-01-27Manila consulate received

2010-03-31I-130 approved(66 days)

2010-04-15NOA2 received

2010-04-22Packet 3 received(YaY)

2010-04-24DS230I & DS2001 Sent

2010-04-26Manila consulate received

2010-05-06Packet 4 received(Yepeyy)

2010-05-26-MEDICAL 7:00am(Passed)

2010-06-17-INTERVIEW 7:00 AM VISA APPROVED !!!!!!!!!!!!!!!!!!!!!!!!!!!! thank you Lord !!!

2010-06-19 Recieved passport with visa via Air21 so fastttttt !!

2010-07-16 POE Detroit

2010-07-26 Recieved SS card

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Wes&Cel Newbie

Wes&Cel   0

Posted
Filed: Timeline
Posted

So I gather that a person needs to be a legal resident of the country they are staying at in order to qualify for filing a DCF? I am a USC currently residing in the Philippines with my fiance and I have not become a legal resident yet. Would it be faster just to file a K-1 fiance visa instead of becoming a legal resident then waiting 6 months to file a DCF? I'm looking for my fastest option to get her back to the US with me. Thanks for your help.

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Christi85 Community Regular

Christi85   86

Posted
Filed: Citizen (apr) Country: Greece
 Timeline
Posted

So I gather that a person needs to be a legal resident of the country they are staying at in order to qualify for filing a DCF? I am a USC currently residing in the Philippines with my fiance and I have not become a legal resident yet. Would it be faster just to file a K-1 fiance visa instead of becoming a legal resident then waiting 6 months to file a DCF? I'm looking for my fastest option to get her back to the US with me. Thanks for your help.

You would have to be a legal resident in the fiance(e)s country (or any non-US country) for 6 months or more to do DCF. You couldn't do DCF on a tourist visa. If that's not possible, then a K1 would probably be your best bet to get her to the US quicker.

My CR1 timeline (DCF London):
June 26, 2010 - civil wedding
Aug 2, 2010 - I-130 package mailed to the London Consulate (DCF)
Aug 9, 2010 - NOA1 (confirmation of receipt) via email
Sep 4, 2010 - religious wedding
Oct 21, 2010 - NOA2
Nov 25, 2010 - Case number received in the mail
Nov 29, 2010 - Medical
Dec 1, 2010 - DS-230I & DS-2001 forms mailed back
Feb 1, 2011 - Interview - APPROVED!!!
Feb 7, 2011 - Passport with Visa received via courier
June 7, 2011 - POE Los Angeles (LAX)
June 18, 2011 - 2-Year Green card received in the mail!!!

My ROC journey:
April 2, 2013 - I-751 package mailed to California Service Center

April 3, 2013 - NOA1 date
April 8, 2013 - check cleared
May 6, 2013 - Biometrics completed

July 25, 2013 - 10 year green card APPROVED!! (notification via text and email, and website updated)

July 29, 2013 - ROC approval letter received in the mail

July 31, 2013 - 10 year green card received in the mail!!!

My N-400 journey:

March 19, 2014 - N-400 package mailed to Phoenix, AZ Lockbox

March 24, 2014 - NOA1 date and Priority Date

March 27, 2014 - Check cleared

April 21, 2014 - Biometrics done

May 7, 2014 - In line for interview

June 23, 2014 - Scheduled for interview

July 28, 2014 - Interview - PASSED!!

July 30, 2014 - In line for oath

July 31, 2014 - Scheduled for oath

Aug 2, 2014 - Oath letter received

Aug 27, 2014 - Oath ceremony, I am a US citizen!!!

Sep 11, 2014 - US passport received

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