DCF after a year

[Cercy 0]

I am sure some of you remember my thread from yesterday and I'm back with more questions.

In case you didn't read that one: I am a USC engaged to a Portuguese citizen. I have 2 months until I am divorced, as the state I live in has a long cooling off period before granting a no fault divorce (yes I am info gathering early but I want to be prepared so let's not discuss that, thank you.)

I am seeking work here in the US and hoping that will pan out so I can afford to bring him over on a k1, however the father of my 3 year old has given me permission to take her to Portugal to spend a year or more (however long it takes) living with my fiance, as he has a steady job and his employer has indicated he has work for me as well, building a website, making graphics, helping out in the office- putting some of my skills to real work. So we decided to check out DCF. I assume it would need to go like this:

I go to Portugal, we get married, we file for permanent residency for myself and my daughter. We live and work together for the minimum six months it takes to do DCF and beyond if that is what it takes to give us residency in Portugal and the option of living there if that is necessary. If my ex and I can work out some sort of healthy visitation for our daughter I can't see why we wouldn't stay there a few years while his job is flourishing.

My questions are, how complicated is DCF? I understand that I would still need an affidavit of support to bring him back to the US, at which point obviously I would not be employed in the US and our intention is to save up to have enough with the sale of his house and move our little family back to the US. Is this just a pipe dream? If I can't find employment here and I can there, is there anything keeping us from doing this?

Edited July 16, 2011 by Cercy

[Inky 1,110]

As long as there is a local USCIS office in that country you can do DCF as a resident. August 14th is the cut off, there will be no more DCF in countrys without a local USCIS office.

[Cercy 0]

As long as there is a local USCIS office in that country you can do DCF as a resident. August 14th is the cut off, there will be no more DCF in countrys without a local USCIS office.

I couldn't find anything on google about this. How do I find out if there's a USCIS office? Do you have a link to this info? Thanks.

[Cercy 0]

Okay I found this- http://www.visajourney.com/forums/topic/310589-august-15th-cut-off-date-for-dcf-filing/ But does this mean we can't apply from Portugal? There doesn't appear to be an office there. We can still apply while in Portugal, it's just handled differently, correct?

[Penguin_ie 5,986]

You'd still be able to apply while living in Portugal, but it would' be DCF anymore. You'd apply the same way as if you were in the USA, and there will no longer be the time saving that DCF brings.

[Cercy 0]

The time saving issue isn't really a big deal to us. I just don't want to have to leave. The idea is to keep the moving around, the coming and going, as infrequent as possible for my daughter's sake.

But that leaves the fact that I will sell my car, put my things in storage and not have assets or a job here in the US when we want to come back. Our only assets would be our savings at that point. Having my car sit here for however long would just cause mechanical problems.

[Penguin_ie 5,986]

There are three ways you can sponsor when you don't live in the USA:

1. Sponsor on assets- you'd need about 70'000 is assets, ie three times the 125% income guideline for your household of three.

2. Get a co-sponsor; a family member or friend who is USA based and is willing to stand guarantoor for your husband.

3. Get a job where you can move internally, within the company, back to the USA.

[Cercy 0]

There are three ways you can sponsor when you don't live in the USA:

1. Sponsor on assets- you'd need about 70'000 is assets, ie three times the 125% income guideline for your household of three.

2. Get a co-sponsor; a family member or friend who is USA based and is willing to stand guarantoor for your husband.

3. Get a job where you can move internally, within the company, back to the USA.

Thank you, this is really helpful info.

I wonder if we count as a house of three since her father will be paying child support but that's an issue for down the road. Since the Euro is stronger than the dollar right now I think we could, with time, make the assets requirement. Again, thank you.

[Norah 0]

just be aware that the asset thing is not guaranteed to work. We have well over twice the assets they 'say' you need, but they didn't accept them. Still required a co-sponsor. Just be prepared, probably just easiest to get someone to sponsor before you go. But again, it may just really depend on the person you speak to and what their mood is that day.