DCF Visa questions about I-130, DS-230, I-864

[davido 0]

I've been spending countless hours researching this forum (and the USCIS / NVC sites) in order to create a master document of every single detail and action item that I need to do to go from Filing the I-130 petition here in Peru to eventually apply for citizenship for my wife in US. I'm a USC that just got married to a lovely Peruvian woman in December, 2011. I have my Carné de Extranjería for Peru (I've been working here for a non-profit since 2008).

I still have some lingering questions though about some specific details if anybody has some insight, I'd really appreciate it as I'm trying to apply for this visa very soon!

1. Originally, I thought the process was I-130 submission and approval (step one), then we submit the DS-230 and other documents (step 2), then they inform us later when the interview is and we schedule and go to the interview in person (step 3). I just got an email from the Consular Section in Lima telling me that after the I-130 approval my wife has to bring all the documents they request (including the DS-230) in person to the interview (I was hoping to be able to mail them for step 2).

Now it seems like first I have to get the I-130 petition approved (with tons of other documents like the G-325a, various proofs, etc.) with USCIS (step 1), then they send me the official approval of the I-130 and WITH that approval they tell us all the documents we will need to go along with the DS-230 AND the interview date which is when we submit the paperwork (interview and simultaneous DS-230 & accompanying documents submission is step 2)? Is this last sentence correct?

2. When I fill out the I-864 form, what do I put for # 12 - Mailing Address (my PO BOX in Pucallpa?), # 13 - Place of Residence (actual street address in Peru?), and #15 - Country of Domicile (USA?). I have a job letter from my US non-profit saying that I indeed have been sent to work in Peru for them, so that should be an acceptable exception that makes my "domicile" the US (see A on page 6 of the instructions for the I-864). After reviewing my own question and looking closer at the form's exception, I think this is the case, but I'll still post it just in case somebody can either correct or confirm this.

***See the I-864 form here: http://www.uscis.gov/files/form/i-864.pdf

***See the I-864 instructions here: http://www.uscis.gov/files/form/i-864instr.pdf

3. My mom will probably be my joint-sponsor on the I-864 as my income might not be enough. Will mom put a "1" in blank 21c for my dad on the I-864 form? Dad has his own job and so my dad is not really my mom's dependent I don't think, so what should my mom put, a "0" or a "1" in blank 21c? (they live together and both have their own jobs, but my mom will be my joint sponsor)

4. Which address do I use on the I-130 form, US or Peruvian?

5. Do I have to change my carne de extranjeria (permanent residence card) to say "C" for casado (married) or can I leave it "S" for soltero (single) before submitting the I-130 petition or the DS-230 form for the IR-1 Visa application? Eventually after we go to States later in 2012 and then come back to Peru in 2013 I'll probably change my own visa status to married to Peruvian instead of keeping my carné, but right now at this stage the carné helps me to get the DCF visa, so I'm planning on sticking with it for now.

6. Background Info FYI: The N-470 approval allows someone to leave the US for particular work for a US based non-profit (for example), and have the time spent abroad (Peru for us) still count towards the 3 yr. US residency requirements to be able to apply for citizenship. If we get approved for the N-470, do we still need to file the I-751 to remove the conditions of the LPR 2 years down the road? If so, can I file for the I-751 from overseas, or do I return to the US for the biometrics and interview? I'm just wondering b/c the N-470 is mostly stated as an exception for residency requirements for the purposes of naturalization, so I'm not sure if it will also cover the I-751. The stated exceptions for filing the I-751 overseas include government work and active military, but I haven't seen anything yet like non-profits getting the exception too like the N-470 gives.

7. I'm pretty sure as well we'll still have to apply for a reentry permit even if we get the N-470 exception approved. Does anybody know in general if and how all these documents work together (N-470, I-751, and reentry permit I-131) while we live in Peru and travel back to the US on occasion?

8. If the N-470 approval does not exclude us from the normal requirements of the I-751, what does that mean we'll have to do? Go back to the US for any possible interview and biometrics? Can we just do that in a short 1 week trip, or do we have to be there for months and months before hand?

I'm hoping somebody out there has some insight into my detailed questions. Thanks so much for your time in reviewing them! Any links or advice or help is appreciated. If anyone wants, I could probably post my detailed document detailing the DCF - Citizenship process, though obviously some things would only apply for Peru, and it's not complete yet.

-David

Edited March 1, 2012 by davido

[Inky 1,110]

If you have a 2 year green card you cannot just let it expire. You have to file removal of conditions. No form will stop a conditional green card from expiring.

[yachachiq12 43]

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1. Originally, I thought the process was I-130 submission and approval (step one), then we submit the DS-230 and other documents (step 2), then they inform us later when the interview is and we schedule and go to the interview in person (step 3). I just got an email from the Consular Section in Lima telling me that after the I-130 approval my wife has to bring all the documents they request (including the DS-230) in person to the interview (I was hoping to be able to mail them for step 2).

Step 1: File I-130 at Lima Consulate

Step 2: Receive letter from Lima that says you're approved and includes instructions on applying for the visa (DS-230), getting medical, and all other docs and gives your interview date (if it doesn't come within a month or so, find out if SerPost lost it).

Step 3: Get your medical in Lima and collect all other docs necessary

Step 4: Interview in Lima and submit all required docs

Step 5: Receive visa and packet at DHL office (can be in Pucallpa, I think)

Now it seems like first I have to get the I-130 petition approved (with tons of other documents like the G-325a, various proofs, etc.) with USCIS (step 1), then they send me the official approval of the I-130 and WITH that approval they tell us all the documents we will need to go along with the DS-230 AND the interview date which is when we submit the paperwork (interview and simultaneous DS-230 & accompanying documents submission is step 2)? Is this last sentence correct?

2. When I fill out the I-864 form, what do I put for # 12 - Mailing Address (my PO BOX in Pucallpa?), # 13 - Place of Residence (actual street address in Peru?), and #15 - Country of Domicile (USA?). I have a job letter from my US non-profit saying that I indeed have been sent to work in Peru for them, so that should be an acceptable exception that makes my "domicile" the US (see A on page 6 of the instructions for the I-864). After reviewing my own question and looking closer at the form's exception, I think this is the case, but I'll still post it just in case somebody can either correct or confirm this.

***See the I-864 form here: http://www.uscis.gov/files/form/i-864.pdf

***See the I-864 instructions here: http://www.uscis.gov/files/form/i-864instr.pdf

For I-864 I put the Peruvian address for "mailing" and "residence" and USA for country of domicile (since you're showing either maintain domicile or intent to re-establish, your effective domicile country at that moment is USA).

3. My mom will probably be my joint-sponsor on the I-864 as my income might not be enough. Will mom put a "1" in blank 21c for my dad on the I-864 form? Dad has his own job and so my dad is not really my mom's dependent I don't think, so what should my mom put, a "0" or a "1" in blank 21c? (they live together and both have their own jobs, but my mom will be my joint sponsor)

4. Which address do I use on the I-130 form, US or Peruvian?

We used Peruvian -- you want them to send your correspondence to Peru and you're filing DCF based on Peruvian presence.

5. Do I have to change my carne de extranjeria (permanent residence card) to say "C" for casado (married) or can I leave it "S" for soltero (single) before submitting the I-130 petition or the DS-230 form for the IR-1 Visa application? Eventually after we go to States later in 2012 and then come back to Peru in 2013 I'll probably change my own visa status to married to Peruvian instead of keeping my carné, but right now at this stage the carné helps me to get the DCF visa, so I'm planning on sticking with it for now.

Leave it and see if they have issue with it? My best guess would be that it won't come up, especially since they allow people without CEs to file DCF anyway.

6. Background Info FYI: The N-470 approval allows someone to leave the US for particular work for a US based non-profit (for example), and have the time spent abroad (Peru for us) still count towards the 3 yr. US residency requirements to be able to apply for citizenship. If we get approved for the N-470, do we still need to file the I-751 to remove the conditions of the LPR 2 years down the road? If so, can I file for the I-751 from overseas, or do I return to the US for the biometrics and interview? I'm just wondering b/c the N-470 is mostly stated as an exception for residency requirements for the purposes of naturalization, so I'm not sure if it will also cover the I-751. The stated exceptions for filing the I-751 overseas include government work and active military, but I haven't seen anything yet like non-profits getting the exception too like the N-470 gives.

What Inky said

And by the way, I have friends in Pucallpa that are also a Peruvian-American couple. If you want, I can introduce you all. Perhaps you know them anyway... PM me if interested.

Edited March 1, 2012 by yachachiq12

[Sandra G. 5,010]

Hy I answered your questions, I sent you a message a few minutes ago.

Take care