Jump to content
Oaqui3

DCF in the Philippines as a US Dual Citizen?

 Share

8 posts in this topic

Recommended Posts

10/2008 Moved to the Philippines to finish college as a Dual citizen (US/Filipino).

11/1/2009 Stared dating my soon to be wife in the Philippines..

08/16/2010 Decided we wanted to get married. I then had to return to America for my sister's wedding. We then began preparing for a K-1 visa. Then later decided to get married in the Philippines.

4/16/2011 Returned to the Philippines

5/01/2011 Married my Filipina wife.

8/08/2011 We just now are starting on our papers to for my new wife and stepson to come to the States.

Right now I am leaning toward a CR1 instead of a K3 visa mostly because the AOS after my wife arrives in the States. I have read in many threads that now-a-days the IR1/CR1 visas are about the same processing time as the K-3 and less of a hassle.

I am now here in the Philippines and I am trying figure out if DCF filing would be the best thing for me right now. I am leaving for the States in September.. i was thinking that this would be a faster route. Instead of me bringing all the necessary paperwork with me and send the I-130 from there.

I have read that you have to be a permanent resident of the Philippines to use DCF method. i have lived here for about 2 years went back the the states for about 7 months, and now i have stayed for about 3 months. I even voted here in the Philippines the last 2010 election.

What kind of paperwork would I need to show?.. We never had any lease because we either stayed at my family house or her family house. We had never shared a bank account either. I don't even think my back account is still active due to inactivity...

So would i be able to process my visa via DCF even though i am dual citizen? and if so, what document would i need to bring to the embassy? would i just need the documents needed for the I-130?

-Thanks in advance.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ireland
Timeline

You haven't been legally resident in the Philippines for 6 months at this stage, which is required to file DCF, so you'd need to wait a while until you can file DCF. Due to the wait fort he residency requirement, it is probably just as fast for you to file "normally" via the USA; you can do this while in the Philipines, all you need is a US mailing address.

Forget K3, it is usually administratively closed at NVC level and has no benefits for your case anyway.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites

You haven't been legally resident in the Philippines for 6 months at this stage, which is required to file DCF, so you'd need to wait a while until you can file DCF. Due to the wait fort he residency requirement, it is probably just as fast for you to file "normally" via the USA; you can do this while in the Philipines, all you need is a US mailing address.

Forget K3, it is usually administratively closed at NVC level and has no benefits for your case anyway.

Even if I have lived here in the Philippines as a US/Filipino Citizen? Couldn't i just say that my 7months in the states be a vacation?

Edited by Oaqui3
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ireland
Timeline

You could try saying that- whether they believe you would depend on the proof you have (bills, lease in your name, bank accounts etc) of residing in the Philipinmes, and NOT residing in the USA (no job in USA etc).

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites

You could try saying that- whether they believe you would depend on the proof you have (bills, lease in your name, bank accounts etc) of residing in the Philipinmes, and NOT residing in the USA (no job in USA etc).

I dont have any bills or leases in my name here in the Philippines.. I may have a bank account.. I was hoping that I could use "sworn declaration" or "affidavit." A sworn statement that I have been a resident here in the Philippines from 8/2008 to now. with a 7 month vacation in the states 8/2010 - 4/2011. I can also proove that I have been doing voluntary work here.

Edited by Oaqui3
Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

You need to qualify as a legal resident there. If you voted in an election I would think that you have passed that test. You will need to supply that proof of residency to the embassy.

(Looking ahead) How are you prepared regarding the affidavit of support? Have you been filing US tax returns (if your income meets the threshold)? Do you have a joint sponsor lined up if needed? Getting these issues sorted out earlier in the process will help you avoid stress and panic as the interview date nears.

This FAQ may be helpful to you >>> http://travel.state.gov/visa/immigrants/info/info_3183.html

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites

You need to qualify as a legal resident there. If you voted in an election I would think that you have passed that test. You will need to supply that proof of residency to the embassy.

(Looking ahead) How are you prepared regarding the affidavit of support? Have you been filing US tax returns (if your income meets the threshold)? Do you have a joint sponsor lined up if needed? Getting these issues sorted out earlier in the process will help you avoid stress and panic as the interview date nears.

This FAQ may be helpful to you >>> http://travel.state.gov/visa/immigrants/info/info_3183.html

Yes thank you for the reminder. I do have a joint sponsors if my total assets do meet the requirement. I have not worked in the states since I moved to the Philippines in 2008.

I will take a look at the link..

Link to comment
Share on other sites

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...