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yogi bear

DCF Manila

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My USC hubby, a visiting consultant, and I, then a supervisor, first met at a site inspection of my local processing plant on Apr 2009 . He came back on Oct 2009 and stayed for few weeks doing consulting jobs and pursued my heart on the side. He left his US company on Jan 2010 when recession became tough and decided to venture as a full time consultant in a local company he had been working for. Furthermore, he wanted to deepen our relationship by being with me everyday. We would have wanted to get married in a church, however, the church has been stringent with documents. Eventually his boss and my hubby did not get along well in business deals; initial agreement was breached by the boss. Having a B1/B2 visa beforehand, my husband and I packed our things and left for US on Sep 2010. We got married on Oct 2010. He got a new job this year.

I just learned that Direct Consular Filing (DCF) is allowed in Manila, Philippines. It is granted foremost to USC spouse who has lived there for more than 6 months. For this matter, my hubby just did it.

My questions are:

1. Does the Phil. Bureau of Immigration allow if I apply residency for my husband while he stays in US? I know that acquiring a legal resident status is a proof that he complied the 6 month residency requirement.

2. Can he apply DCF for me at the USE Manila by just mailing the requirements assuming that he will be granted a Phil. immigrant visa? He cannot file a leave yet because he just got a new job.

3. His 2010 income seems to be below the 125% x poverty guideline since most of the time he was out of the country and did only odd jobs. However, his previous incomes in 2009 and 2008 are way above the threshold. Does his latest low income tax return affect his petition even though he has a good job now?

Our first option is for him to process CR1 here when I go back home on March 2011. However, the process will take 9 months; too long for us to be apart from each other.

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I believe that the USC still has to be in the PI to do DCF...why not just file the CR-1 before going back...like right now? I cant speak much for DCF, but I think you cant mail it in...but I will let someone that has DCF answer that question.

Have you read this? http://www.visajourney.com/content/dcf

Edited by Scott and Mhay

For our Full timeline


Removal of conditions Journey

16 March 2012 Sent I-751 package from Aviano AB, Italy.

29 March 2012 Received everything back...wrong fee. thought we didn't have to pay biometrics since we were sending fingerprint cards and passport photos.

30 March 2012 Sent everything out again from Aviano AB, Italy.

10 April 2012 Check cashed

17 April 2012 Received NOA1 dated 6 April.

06 Dec 2012 Received 10 yr green card. Letter said it was approved 28 November 2012.

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Thank you, Scott, for your quick reply. My hubby and I will see an immigration officer tomorrow to iron things out. I will get back to this posting afterwards.

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I can't believe this. I am allowed to adjust my status here according to the immigration officer. There is no need of returning to my home country neither fear of being deported.

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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