K3 or DCF

[hrivera 0]

Hello,

I am a US Citizen living in Honduras. I have dual citizenship, US/Honduras. I want to move to the US with my fiancee, who is Honduran. As far as I know Honduras does not have DCF. But when I went to the embassy they told me all I have to do is file a I-130 after I marry my fiancee, as long as I can prove I am a legal resident of Honduras. Then the explanation I was given sounds a lot like the DCF process. I was told that when we got to the US my fiancee would have to meet with immigration right there in the airport, is this true? Then she would be briefed as to when she would be able to travel outside the US, when she would get her Green Card, and her SS Card.

I have read quite a bit on all the diferent processes. But I must say I am utterly confused as to which process I am being "advised" to follow by the embassy. My main concern is that my fiancee will not be able to travel home in case of an emergency. So I would like her to enter either with a K3 or DCF because it allows her much more freedom in cases of emergencies.

I appreciate any info that comes my way.

Thanks

[meauxna 15]

Hello,

I am a US Citizen living in Honduras. I have dual citizenship, US/Honduras. I want to move to the US with my fiancee, who is Honduran. As far as I know Honduras does not have DCF. But when I went to the embassy they told me all I have to do is file a I-130 after I marry my fiancee, as long as I can prove I am a legal resident of Honduras. Then the explanation I was given sounds a lot like the DCF process. I was told that when we got to the US my fiancee would have to meet with immigration right there in the airport, is this true? Then she would be briefed as to when she would be able to travel outside the US, when she would get her Green Card, and her SS Card.

I have read quite a bit on all the diferent processes. But I must say I am utterly confused as to which process I am being "advised" to follow by the embassy. My main concern is that my fiancee will not be able to travel home in case of an emergency. So I would like her to enter either with a K3 or DCF because it allows her much more freedom in cases of emergencies.

I appreciate any info that comes my way.

Thanks

Bueno hrivera,

The process the Consulate gave you IS "DCF". DCF = Direct Consular Filing of the I-130.

Please re-read the DCF Guide.

One can marry, file the I-130 with the foreign Consulate and go through the visa application and processing---this is the NORMAL procedure for a USC living outside the US (which is what you are).

Did you ask what was needed as proof of legal residency? Probably something you have if you have been resident there.

Don't be confused, be happy!

[hrivera 0]

Meauxna,

thank you for your reply and kind words. I have seen many of your responses and it seems you are very knowledgeable. Therefore I would like to ask more about the AOS and what is a domicile.

I live in Honduras and my income here I will suppose will be worthless for the AOS. So my parents can cosponsor right? Lets say they make between them 60-80 K per year. I have a younger sister, USC, who they may or may not claim on the income taxes, I am not sure if they do or not. Would their combined salaries be able to cover the requisites of the AOS. By the way what is the minimun level?

As far as a domicile goes I lived for the last time in Mesa AZ. However I had my mail forwarded to my parents home 5 years ago and moved to honduras. I haven't been home in 5 years. So my question is what is a domicile and how can I get one when I am abroad?

[meauxna 15]

I can't blame you for moving to Honduras---one of my favorite places!

Rather than re-write it, can I again direct you to the DCF Guide? Much of the most up to date info about domicile is linked there, and the new I-864 form instructions are great--they discuss it as well. Reading over those couple of documents first will answer many of your questions.

You might notice that voting is one consideration, and this is an election year!

Worry about first things first, like making sure your US tax returns are current. Give some thought to where you will live in the US and how you will support yourself + spouse. Work out your prospective timeline and when you want to move etc.

If your parents will be Joint Sponsors for you, a read through the I-864 will also make that come clear (your sister's age and whether or not she's on their returns will be good knowledge to have)--on the face, it appears that their income would be sufficient, but you need to fill in the worksheet in I-864 to make certain. The poverty guidelines (minimums) are at the I-864 form page at uscis.gov (links in the DCF Guide).

One step at a time, and it all comes clear. don't worry if you have to study on this for a couple of weeks to get a clear picture--it just takes a bit of time.