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A+B in Haiti

Skipping the visa and going straight to DCF?

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Hi. I'm new to this website, and the process of applying for a visa. My fiance and I are getting married in December. We both live in Haiti. He's Haitian; I'm a US citizen. We plan to make our home in Haiti, but we want to be able to visit my family in the States whenever we feel like it. I've tried to understand all the different visa options, but it's confusing. We decided to wait until we're married to start the process. Recently saw that one option is to skip filing for a visa and go straight to Direct Consular Filing. Have any of you tried that? Do you think it's a better idea to apply for an IR1/CR1? Or is just a plain old visitor's visa the best route?

Thanks for your help.

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Filed: Lift. Cond. (apr) Country: China
Timeline

All Direct Consular Filing means filing is a I-130 petition in a foreign country. Starting August 15th, there must be a USCIS field office in the country or the I-130 will have to be sent to the lockbox facility in Chicago.

The foreign spouse still must still be granted a visa before being allowed to enter the US.

A green card is not meant to be a permanent visa. Since you do plan to make your home in Haiti, your spouse will essentially need to be tethered there in order to receive a tourist visa and even then it's no guarantee that he will be given one.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Filed: Citizen (apr) Country: Canada
Timeline

Topic has been moved from the K-1 visa forum as OP is not pursuing a fiancee visa, and moved to General Immigration forum as OP is exploring different options to allow his wife to enter the US after they are married and several different options can be addressed here best


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Filed: K-1 Visa Country: Vietnam
Timeline

Agree with Ryan. DCF does not mean "skipping the visa". It only means submitting the petition to a US consulate abroad rather than to USCIS in the US. Other than that, the process is very similar. There will still be a visa interview and ultimately a visa.

In addition, the USC petitioner has to establish (or reestablish) domicile in the US before the visa can be issued. This is required for the affidavit of support.

Finally, a lawful permanent resident must actually reside in the US. A green card is not an extended tourist visa. If you don't plan to live in the US then don't pursue an immigrant visa. It will only be revoked as soon as CBP determines he isn't actually residing in the US, and you'll have wasted a lot of time and money.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Other Timeline

Finally, a lawful permanent resident must actually reside in the US. A green card is not an extended tourist visa. If you don't plan to live in the US then don't pursue an immigrant visa. It will only be revoked as soon as CBP determines he isn't actually residing in the US, and you'll have wasted a lot of time and money.

Well the problem the OP wants to solve and pretty much anyone with a spouse from a country not on the visa waiver list(not that it seems to matter once married) is that its functionally impossible to get a tourist visa for the foreign spouse. If you don't really want to live in the US full time, but you still want to see the country and grandparents etc. you're out of luck. I called and asked the embassy about it, the woman said and I quote "why don't you start the permanent residency process? Why haven't you started it YET?!" :blink:

If the US had some option for a spouse visitor visa it would make a lot of sense, yet they seem to think everyone must of course want to immigrate. It even comes up on forms and stuff, people act like you're crazy or weird for not doing it.

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Filed: K-1 Visa Country: Vietnam
Timeline

Well the problem the OP wants to solve and pretty much anyone with a spouse from a country not on the visa waiver list(not that it seems to matter once married) is that its functionally impossible to get a tourist visa for the foreign spouse. If you don't really want to live in the US full time, but you still want to see the country and grandparents etc. you're out of luck. I called and asked the embassy about it, the woman said and I quote "why don't you start the permanent residency process? Why haven't you started it YET?!" :blink:

If the US had some option for a spouse visitor visa it would make a lot of sense, yet they seem to think everyone must of course want to immigrate. It even comes up on forms and stuff, people act like you're crazy or weird for not doing it.

Read the immigration law. Everyone who enters the US as a non-immigrant is presumed to have immigrant intent. It's up to the alien to prove that they don't intend to immigrate. This is tough to do in countries where a substantial number of those who have been given non-immigrant visas end up deciding not to leave the US when their I-94 expires. Argentina was removed from the VWP list for this reason. If they had a spouse visitor's visa that was easier to get than a B2 visa then a substantial number of those spouses would enter the US and adjust status since their relationship wouldn't have to be scrutinized by the US consulate.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Well the problem the OP wants to solve and pretty much anyone with a spouse from a country not on the visa waiver list(not that it seems to matter once married) is that its functionally impossible to get a tourist visa for the foreign spouse. If you don't really want to live in the US full time, but you still want to see the country and grandparents etc. you're out of luck. I called and asked the embassy about it, the woman said and I quote "why don't you start the permanent residency process? Why haven't you started it YET?!" :blink:

If the US had some option for a spouse visitor visa it would make a lot of sense, yet they seem to think everyone must of course want to immigrate. It even comes up on forms and stuff, people act like you're crazy or weird for not doing it.

Yes, this is exactly the problem!!! We want to do things the right way, but we also don't want to move to the US.

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Filed: K-1 Visa Country: Vietnam
Timeline

Yes, this is exactly the problem!!! We want to do things the right way, but we also don't want to move to the US.

You have a problem. Statistically, your husband is an immigration risk because of the country he's from. Once he's on US soil he would be eligible to adjust status and get a green card. Using a non-immigrant visa with the intention of immigrating is not legal, but the Board of Immigration Appeals stopped INS (the predecessor to USCIS) from using this as a sole reason for denying a green card to an immediate relative of a US citizen. This puts Department of Homeland Security in a precarious position - they have to enforce the law, but their hands are pretty much tied once the alien is admitted to the US. Their only option is to stop people whom they believe might have immigrant intent from getting into the US with a non-immigrant visa. The consulate won't want to give him a non-immigrant B2 visa. If you manage to get a B2 visa then the CBP might not admit him to the United States.

Even if the US had a special visitors visa for spouses of US citizens, there would still be the problem of INA 245(a). The foreign spouse would be eligible to apply for a green card when they entered the US, and the consulates and CBP would be required to enforce the law against preconceived intent.

In my opinion, the solution is not a special visa. The solution is for Congress to change the law so that people who enter the US with a non-immigrant visa may not adjust status unless that visa specifically allowed for dual intent. If everyone was required to go through consular processing to obtain an immigrant or dual intent visa before they could immigrate then it would be dramatically easier to get a visa to visit the US. Congress created the risk when they created the exception that allows someone to adjust status after entering with a non-immigrant visa.

Edited by JimVaPhuong

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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