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Norteamericano_CM

Nervous about filing the I-130 by DCF, visa trouble

By Norteamericano_CM in IR-1 / CR-1 Spouse Visa Process & Procedures

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Norteamericano_CM Apprentice

Norteamericano_CM   2

Posted
Filed: IR-1/CR-1 Visa Country: Peru
 Timeline
Posted

Hello I'm trying to stay calm but this process is making me nervous, and I don't know what to do.

I am an American and my wife is Peruvian, we got married here in Peru (in the courts) so we can file the I-130 by DCF here at the Embassy in Peru.

The reason I am nervous, is because I've been here in Peru 6 months and my tourist visa is about to expire (I started the paperwork to become a resident but I think that will take a few months). Does that mean I will be illegally here and therefore I won't be able to file by DCF? It is confusing because the Embassy said to file I have to be here at least 6 months. In my case I meet that requirement but I'm not sure if I'm breaking some other sort of rule. We don't want to start the process of waiting 6 more months (so that is why I'm not going to leave and re-enter the country).

Anyone with experience with this? I know this might be a solo case but any help or comments would be much appreciated. Many thanks and good luck to everyone and their visa journey!

Ryan H Grand Master

Ryan H   3,932

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

From what I understand about the 6 month requirement, it's not just being there for 6 months, it's being there for 6 months on a long term stay visa, a tourist visa does not meet that criteria. I don't know if the clock restarts from the time you are granted a residency permit or not.

I would guess that if you do not have legal status in Peru, you will not be eligible to file with the USCIS field office there.

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*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

December 9, 2025:  N-400 interview - approved

February 27, 2026:  Oath

 

misterbigtoe Proficient

misterbigtoe   45

Posted
Filed: Citizen (pnd) Country: Mongolia
 Timeline
Posted

From what I understand about the 6 month requirement, it's not just being there for 6 months, it's being there for 6 months on a long term stay visa, a tourist visa does not meet that criteria. I don't know if the clock restarts from the time you are granted a residency permit or not.

I would guess that if you do not have legal status in Peru, you will not be eligible to file with the USCIS field office there.

That is correct, you are not eligible for DCF if you are on a tourist visa.

th_Untitled-3.jpg?t=1294114030

03/2008--Met while working together in Mongolia
06/21/10--Married in Ulaanbaatar on the Summer solstice
USCIS
09/06/10--I-130 package mailed to USCIS Chicago Lockbox
12/14/10--NOA2 hardcopy rec'd, Dec 09 notice date<APPROVED>86 Days
NVC
12/22/10-NVC / IIN Number issued, AOS bill paid
12/26/10-DS-3032 emailed
January4............IV bill paid, discovered error by preparer
USCIS ROUND 2
01/04/11-- I-130 package for stepson sent express with expedite plea
01/11/11---Congressional expedite plea lodged with USCIS
01/20/11--- Notice date, APPROVED 14 days
NVC ROUND 2
01/26/11--- NVC/IIN Numbers issued, DS-3032 Emailed
02/07/11--- AOS/IV packages fedexed to NVC
02/24/11--- Both Cases Completed at NVC
CONSULAR
04/27/11--- Interview passed
05/29/11--- POE ORD
08/2011--- I-551s arrive

heart.gif NEW YEAR'S EVE 2011, WE WELCOME OUR BABY GIRL TO THE FAMILYheart.gif

REMOVAL OF CONDITIONS

04/18/13--- I-751 mailed

09/25/13---ROC approval

 
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