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BigJohn

Can I DCF file in the philippines??

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I have been in the Philippines living with my wife since January 14th of this year (we were married Feb 25th). I am on a tourist visa, but I heard it can be hard to file DCF without a residency visa. I currently have a lease here under my name but up until last month the lease was in my wife's name. The landlord can attest that I lived there and paid the rent though. I am going to call the embassy and check but I have been read elsewhere that you can be frequently told one thing one time and then another the next time you talk to them. Just wondering if anyone has filed under similar circumstances in Manila.

Also we are in Cebu and the embassy is in Manila. I have read on this site that you may have to go back to the embassy frequently with a DCF. Anyone know if this is true here?


07-28-2009 : Met online

10-14-2009 : Met for the first time in Cebu, had to go back 11-1-2009

01-14-2010 : Moved to Cebu

02-25-2010 : Married

10-14-2010 : DCF I-130 at Manila Embassy

10-21-2010 : Additional requested supporting evidence received at embassy

11-05-2010 : I-130 application approved

11-11-2010 : Received Packet 3 via Fed Ex with MNL Case #

11-18-2010 : Packet 3 (DS-230 and Interview request) received at embassy

11-22-2010 : Calling to try and get an interview date set!

12-16-2010 : Medical completed in Manila at St. Lukes

12-17-2010 : Flying back to the US to prepare for Maricel's arrival

01-12-2011 : Interview Set

01-12-2011 : APPROVED !!!!!!!!!!!!!!!!!!!!

01-20-2011 : Receive Visa

01-25-2011 : CFO Seminar completed - ready to go!

02-12-2011 : Leave Manila

02-13-2011 : POE at Houston, TX

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I have been in the Philippines living with my wife since January 14th of this year (we were married Feb 25th). I am on a tourist visa, but I heard it can be hard to file DCF without a residency visa. I currently have a lease here under my name but up until last month the lease was in my wife's name. The landlord can attest that I lived there and paid the rent though. I am going to call the embassy and check but I have been read elsewhere that you can be frequently told one thing one time and then another the next time you talk to them. Just wondering if anyone has filed under similar circumstances in Manila.

Also we are in Cebu and the embassy is in Manila. I have read on this site that you may have to go back to the embassy frequently with a DCF. Anyone know if this is true here?

DCF requirements vary somewhat between each country. Most often filing DCF requires a resident visa and often a minimum stay of 6 months.


keTiiDCjGVo

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Filed: Citizen (apr) Country: Greece
Timeline

Do ask at the Embassy in Manila to be sure, but the norm with US Conuslates around the world is that a temporary visa, such as a tourist one, isn't considered a resident visa (and it isn't), and as such it's not accepted for DCF. It sounds like you'll have to file in the US.

This is the State Department's position on the matter, at which it's made clear that tourist visas aren't accepted as proof of residency in a foreign country:

http://2001-2009.state.gov/r/pa/prs/ps/2007/mar/82030.htm

The fact that you're renting a property in the Philippines is irrelevant to them, as the principal proof they want to see for residency is a residence visa valid for at least six months. As far as they're concerned, you're still a tourist in the Philippines, regardless of renting a place there etc.


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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Do ask at the Embassy in Manila to be sure, but the norm with US Conuslates around the world is that a temporary visa, such as a tourist one, isn't considered a resident visa (and it isn't), and as such it's not accepted for DCF. It sounds like you'll have to file in the US.

This is the State Department's position on the matter, at which it's made clear that tourist visas aren't accepted as proof of residency in a foreign country:

http://2001-2009.state.gov/r/pa/prs/ps/2007/mar/82030.htm

The fact that you're renting a property in the Philippines is irrelevant to them, as the principal proof they want to see for residency is a residence visa valid for at least six months. As far as they're concerned, you're still a tourist in the Philippines, regardless of renting a place there etc.

No offence Christi but thatr simply is not true, you can file DCF if you "general abode" is in the Philippines, I lived there for a year on a balikbayan visa and filed after six months with no problems the trips you will need to take to the embassy are one visit to St Lukes for a medical that takes two days and one visit to the embassy for an interview everything else is by mail.

Follow the guides above for DCF and if you need further information ask here or e-mail the IV unit at the embassy

This is what we recieved when requesting information from the embassy about residency

Residency

USCIS Manila accepts applications and petitions from an individual who can establish residency in one of the countries listed above. Section 101(a)(33) of the Immigration and Nationality Act defines "residence" as the "place of general abode; the place of general abode of the person means his principal, actual dwelling place in fact, without regard to intent." Residency must be established by the petitioner when filing a petition, or by the applicant when filing an application.

We simply sent a copy of all pages of my passport showing an arrival date and a balikbayan visa, and an affidavit from our landlord and two friends.

Good luck to you on your journey :)


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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Filed: Citizen (apr) Country: Greece
Timeline

If you've done it with a tourist visa and it worked, then you're probably right.

Which is why I suggested he talks to the Manila Embassy, because from what you say, it sounds like they're more lenient with that.

I only stated the general guideline from the DHS which is that tourist and student visas are considered temporary, and therefore not suitable to prove principal residence for the purposes of DCF. We're filing in London and I know for sure that this is the case here.

But then again, I'm sure London is 10 times busier than Manila with DCF cases, which is why they may be pickier and more "by the book" as to who they allow to file DCF.


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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If you've done it with a tourist visa and it worked, then you're probably right.

Which is why I suggested he talks to the Manila Embassy, because from what you say, it sounds like they're more lenient with that.

I only stated the general guideline from the DHS which is that tourist and student visas are considered temporary, and therefore not suitable to prove principal residence for the purposes of DCF. We're filing in London and I know for sure that this is the case here.

But then again, I'm sure London is 10 times busier than Manila with DCF cases, which is why they may be pickier and more "by the book" as to who they allow to file DCF.

Hi Christi, yes I have seen where if one states they are in London on a temp basis they have beed denied however the fact and the statute reads...

Section 101(a)(33) of the Immigration and Nationality Act defines "residence" as the "place of general abode; the place of general abode of the person means his principal, actual dwelling place in fact, without regard to intent."

This is direct from the DOS and without regard to intent would suggest temporary or not, if you are in fact phisically living in a country legally and can prove that ... you are in fact a resident and thus able to apply by means of filing direct to the embassy


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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