DCF Filing at Outreach Service?

[Kimmik 0]

Ok, I've been directed over here by one of the other forums

It looks like we need to do DCF for me - husband is USC, I am an Australian citizen, married 12 years, 3 kids.

Before we go ahead and file anything, can anyone tell me if there is a time limit once/if I'm approved for travel to the US? My husband is currently applying for jobs, and is in the final interview stages for one in particular which he will likely accept if offered. But... if he doesn't get this one, and we've filed for me to be able to move to the US, is that approval going to run out at some point and we have to do it again if/when he does get a job?

Short question: should we wait until he has a job secured before filing for me, or is it worth filing now just in case?

He will not move back to the States without us.

[Darnell 8,478]

usually you have 6 months from the interview date to arrive in USA, barring any bizarre issues (medical, AP/AR) that would shorten that span.

Smells like he wants to figure out the optimum window for leaving OZ after filing via DCF, to get past the domicile in USA issue that he's gonna have on interview day.

Suggest AFTER the I-130 approval notice is in hand, HE can leave OZ, get to USA, establish domicile and job there, is 'safe' for him not to be there at interview after the I-130 is approved.

You'll need to throw in the DS-230 and I-864 plus pay fees, but you know about the back end side of the visa application.

[Kimmik 0]

Domicile in USA issue?

Do you mean proof that we have somewhere to live and a way to support ourselves once there?

I really can't believe that they'd make us split our family for a period of time?! Really??

We just want to be ready to go asap if/when he gets a job offer. He's missed out a couple of times because of the "not able to start immediately" problem of living in another country! But then the problem is we can't just move there without a job so it's easier for him to get a job, being already in the country.

[Kimmik 0]

Oh, also, it's not clear what the difference between DCF and the usual I-130 process is.

Is it just that we file the I-130 with a Consulate in Australia? We've got an appt with an outreach service coming up in a few weeks, and they will accept I-130 applications at that appointment. We have to send our paperwork off this week prior to the appt.

Do we just send a completed I-130, required documentation and fee with our other paperwork for CRBA/passports?

[Kimmik 0]

ok, nevermind my last question read the info again and it makes sense now.

And so it seems that we should wait to file for me, until he actually has a job to go to and cross all those other bridges when we come to them.

[Darnell 8,478]

sorry, lets work it forwards, then backwards.

hang on, buckle yer seatbelt, have a spittoon handy.

Can FILE DCD'd I-130 anytime, once it's approved then it's the Immigrant Visa Application set, the DS-230 plus I-864 plus other stuff.

On interview day, since he's lived in OZ at least 12 years, HE (the USCitizen) must show either:

--USA domicile or

--grand plan to re-establish USA domicile

If he's unable to show proof of domicile in USA, the the visa application is either denied, or he's asked to provide this information later.

OK so far?

----

Now, most ppl who are transiting back to USA with a foreign spouse, have to watch the DCF window, or they lose their timetable and time benefit of filing the I-130 via DCF. Ya can't just file the I-130 and leave, it looks like the USC is abandoning the I-130 petition.

---

So, he meets the 6 month OZ residency requirement, he can file an I-130 via DCF, and WHEN the I-130 is approved,

he's free to leave OZ, get to USA, re-establish domicile, generate the PROOF that he's re-established the domicile.

Immediately after he's left, is perfectly fine/safe to file the IV portion, the Immigrant Visa Application, the DS-230 and I-864 - USCiitizen spouse loses no time out of country on the DCF calendar, as that I-130 is already approved.

--

(Don't forget to spit....)

Clear so far?

---

Interview day - he's either in OZ or not, doesn't matter for you - what does matter is that he's a pile of evidence, given to you, in yer hand, for HIM re-establishing domicile in USA. Immigration officer sees this pile, understands that yer USCitizen spouse is waiting in USA for you, you get yer visa granted, and then ya travel.

---

Them's the basics, a bit glossed over, but basically, in a nutshell, he files the I-130, it's approved, he nails down his USA Domicile issues, the IV side is filed, you have an interview.

Good Luck !

[Penguin_ie 5,984]

Domicile isn't just somewhere to live, it is his (the US citizen's) intent to reside in the USA for a long period. So things like having a valid drivers license, US bank accounts, owning property, being a registered voter etc.

You will not be approved without a valid Affidavit of Support, which means showing he has the means to support you and the kids in the USA so you- the immigrant- don't become a burden to the tax payer. He needs to make 125% of poverty guidelines for the household, which currently means he must make $32'712 for the household of 5. He has three options:

- Do as Darnell suggests, fly out after the I-130 is approved, start job, send you his paystubs and letter from employer.

- Sponsor on assets. He'd need three times as much in assets, so just under $100'000. If you have savings in that amount, or property, shares etc, he can sponsor on assets and you can all move over together where he can continue the job search locally.

- A co-sponsor; this is what most DCFers do. Basically, a US based guarantoor for you- friend or family member. They would be responsible for you if you require means tested benefits from the government until you are a US citizen or have worked ten years, and would need to supply you with three years tax returns and paystubs. Not everyone wants to do that a sit is a lot of sensitive information and a long committment.

[Kimmik 0]

still confusing! it seems like what you are saying is that there is no way that we can all go to the US at the same time. Either he'd have to go alone and we follow at some point in the future (not going to happen!) or he goes with the kids (who will soon have their citizenship sorted) and leave me here for some indefinite period (not going to happen!).

I find it really hard to believe that they would be splitting a family like that simply for some paperwork/interviews.

If he gets this current job he's in line for, they will be relocating us - arranging accommodation etc. I wonder if that is evidence enough of intended domicile? If we sold our home we would have the funds to meet the ability to support the family, no problem, but we'd prefer not to move without a job to go to.

He already has a valid/current US drivers licence - he made sure to keep renewing that. He also has US bank accounts that he's held since he was a teenager and which have been kept active in various ways, and he's a registered voter. We don't own property there. I'm sure his parents would be willing to sponsor me if needed.

We're not going to file the I-130 at this stage though. We think it's best to wait until he has a confirmed job offer and go from there.

Can anyone tell me, if he gets the job and we all travel to the US for it, am I able to do this using the visa waiver program, and then we file once we are over there? I didn't think that was the best way to do it, but possibly it would be if the other way means we have to be split up for a period of time.

[Barbara J 115]

still confusing! it seems like what you are saying is that there is no way that we can all go to the US at the same time. Either he'd have to go alone and we follow at some point in the future (not going to happen!) or he goes with the kids (who will soon have their citizenship sorted) and leave me here for some indefinite period (not going to happen!).

I find it really hard to believe that they would be splitting a family like that simply for some paperwork/interviews.

If he gets this current job he's in line for, they will be relocating us - arranging accommodation etc. I wonder if that is evidence enough of intended domicile? If we sold our home we would have the funds to meet the ability to support the family, no problem, but we'd prefer not to move without a job to go to.

He already has a valid/current US drivers licence - he made sure to keep renewing that. He also has US bank accounts that he's held since he was a teenager and which have been kept active in various ways, and he's a registered voter. We don't own property there. I'm sure his parents would be willing to sponsor me if needed.

We're not going to file the I-130 at this stage though. We think it's best to wait until he has a confirmed job offer and go from there.

Can anyone tell me, if he gets the job and we all travel to the US for it, am I able to do this using the visa waiver program, and then we file once we are over there? I didn't think that was the best way to do it, but possibly it would be if the other way means we have to be split up for a period of time.

What Darnell is saying is yes you will be separated , your husband will go back to the states with kids if they have US passport /USC and you follow on after 130 is approved and have interview. Did you marry in OZ or USA? It seems the 1st part as you don't have a green card. You can go over on VWP but you have to leave in 90 days. Unfortunately USCIS don't care whether you're married or not you have to immigrate the legal way and that is 130 wait for approval have interview and join him later. Sucks I know. I would hate to be in your shoes right now.

Edited July 5, 2011 by Barbara J

[Barbara J 115]

What Darnell is saying is yes you will be separated , your husband will go back to the states with kids if they have US passport /USC and you follow on after 130 is approved and have interview. Did you marry in OZ or USA? It seems the 1st part as you don't have a green card. You can go over on VWP but you have to leave in 90 days. Unfortunately USCIS don't care whether you're married or not you have to immigrate the legal way and that is 130 wait for approval have interview and join him later. Sucks I know. I would hate to be in your shoes right now.

Just to add if you do DCF as you are his spouse there are always visa numbers available for spouses so it is much quicker as said in previous post.

[Kimmik 0]

Great That's extremely disappointing. We married in Australia. It was certainly a lot easier for him to be able to come here to get married and live, that's for sure.

We have an appt with the outreach service in a few weeks to get the kids sorted out. Hopefully we can talk to them then and get some further clarification.

[Anh map 2,098]

still confusing! it seems like what you are saying is that there is no way that we can all go to the US at the same time. Either he'd have to go alone and we follow at some point in the future (not going to happen!) or he goes with the kids (who will soon have their citizenship sorted) and leave me here for some indefinite period (not going to happen!).

I find it really hard to believe that they would be splitting a family like that simply for some paperwork/interviews.

If he gets this current job he's in line for, they will be relocating us - arranging accommodation etc. I wonder if that is evidence enough of intended domicile? If we sold our home we would have the funds to meet the ability to support the family, no problem, but we'd prefer not to move without a job to go to.

He already has a valid/current US drivers licence - he made sure to keep renewing that. He also has US bank accounts that he's held since he was a teenager and which have been kept active in various ways, and he's a registered voter. We don't own property there. I'm sure his parents would be willing to sponsor me if needed.

We're not going to file the I-130 at this stage though. We think it's best to wait until he has a confirmed job offer and go from there.

Can anyone tell me, if he gets the job and we all travel to the US for it, am I able to do this using the visa waiver program, and then we file once we are over there? I didn't think that was the best way to do it, but possibly it would be if the other way means we have to be split up for a period of time.

You haven't done enough research or reading yet. Yes, you can all travel/move to the US together. It takes a bit of planning. Packing all your belongings and kids and claiming to come for a visit with your US husband may get you turned around at the airport. So it's best that you and your spouse do some more work on the visa end.

Do the kids have US passports? If not, get that sorted now. That's done through the US embassy.

Hopefully he gets the job he's seeking and that eliminates stress on many levels.

Has your US citizen spouse been filing US tax returns over the last several years? If not, go ahead and get the last 3 years (at least) taken care of. That has tripped up a few expats who did think that the US required them to file. It does.

This FAQ may help you with some of the "financial aspects" of the visa (DCF or not) process >>> http://travel.state..../info_3183.html

Edited July 5, 2011 by Anh map

[Darnell 8,478]

If he gets this current job he's in line for, they will be relocating us - arranging accommodation etc. I wonder if that is evidence enough of intended domicile? If we sold our home we would have the funds to meet the ability to support the family, no problem, but we'd prefer not to move without a job to go to.

Yup, that'd be 'proof of re-establishing domicile'

but need relocation packet to show at interview day.

[Penguin_ie 5,984]

You can travel together, if you can fullfill the financial sponsorship requirements- options 2 and 3 I listed allow you to travel together. Keep in mind if you wait to file till your husband has a job offer, you likely will be separated for some time, because while DCF is fast, it is unlikely to be completed in a month, and usually an employer will want the employee to start work within a month after the job offer. You could go with him on the visa waiver, but would need to return to Aus for the medical and interview.

[Harpa Timsah 13,258]

You can move all together, but you will have to show your plans to reestablish domicile in the US, which you can do. Enroll kids in school, your husband has a job offer, find a place to live... etc.

Here is a good thread on that subject. This is from a Canadian perspective, but should help you understand the issue. http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

I would do some more reading and talk to the consulate about the reqs. Good luck.