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DCF Lima Peru

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Hello, I am an american living in Peru, I have been married to my Peruvian wife for 1.5 years and we have been living together in Peru for over a year. Our wedding was in Peru in Sept of 2010.

I do not have a job in the U.S. and I am a teacher here in Peru making a mere $500 per month.

We are preparing to file the I130 in Lima via the DCF process. I understand that we will need a sponsor for her, I have one but it is a weak one. Our plan is to move to the U.S. this summer, I have a job lined up. Can I be a sponsor for her if all I have is a letter of employment? Will the embassy accept the letter and allow me to be a sponsor?

Thank you,

Chris A.

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You probably still need the joint sponsor to be safe. It is at the discretion of the consular officer to accept I-864 evidence or not and yours sounds like it could be on the weak side if you only use your future earning potential.

And what do you mean by "I have [a sponsor] but it is a weak one"? If you're still just talking about yourself, I think you're going to need a joint sponsor. You will still fill out the I-864 too regardless of whether you have a joint sponsor.

Another option would be to move to the US a couple months before your interview and start working and have the paystubs to show ongoing employment. Either way, you're going to need to show that you have intent to re-establish domicile (maintained domicile won't apply to you since you've been working in Peru) when you file the I-864, so moving ahead of your wife would help with that.

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You probably still need the joint sponsor to be safe. It is at the discretion of the consular officer to accept I-864 evidence or not and yours sounds like it could be on the weak side if you only use your future earning potential.

And what do you mean by "I have [a sponsor] but it is a weak one"? If you're still just talking about yourself, I think you're going to need a joint sponsor. You will still fill out the I-864 too regardless of whether you have a joint sponsor.

Another option would be to move to the US a couple months before your interview and start working and have the paystubs to show ongoing employment. Either way, you're going to need to show that you have intent to re-establish domicile (maintained domicile won't apply to you since you've been working in Peru) when you file the I-864, so moving ahead of your wife would help with that.

Thank you for your response, What I meant by I had a sponsor was that we do have someone that will be a sponsor for my wife, but they dont have much money in the bank and they are retired, however they do own a home in the U.S. So I was considering them as a weak sponsor. I was wondering if I used them as a sponsor, and I had a job offer in the U.S. would that be enough?

In order for me to qualify for the DCF method I hear that I must live in Peru for over seven months, is that true? And once I start the process can I leave for the U.S? Or must I go to the interview and be here for the entire process?

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A sure sponsor is one who meets the requirements laid out in the I-864 instructions. I don't know the specifics of your sponsor, so I don't think I can tell whether they will qualify. Read the instructions, meet the requirements, and then know that it's up to the discretion of the consulate. You must meet the requirements, though. That cannot be escaped.

You are qualified for DCF after 6 months residence in Peru. You have to be resident at the time you file the I-130 and then you can leave and go establish domicile in the US if you wish. You are not required to be present at the interview; only the beneficiary is.

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A sure sponsor is one who meets the requirements laid out in the I-864 instructions. I don't know the specifics of your sponsor, so I don't think I can tell whether they will qualify. Read the instructions, meet the requirements, and then know that it's up to the discretion of the consulate. You must meet the requirements, though. That cannot be escaped.

You are qualified for DCF after 6 months residence in Peru. You have to be resident at the time you file the I-130 and then you can leave and go establish domicile in the US if you wish. You are not required to be present at the interview; only the beneficiary is.

Good info, thank you. Did you do a DCF in Peru? If so can you offer any more advice? I am planning on returning to the U.S. within a month or so and we are planning on filing in Lima within a week or two.

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There have been a lot of conversations on VJ in the past year about DCF in Lima. A few members have gone through it recently. We did it in 2010, so my experience may be slightly outdated. If you have any specific questions, someone will always answer for sure!

Good luck!

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Good info, thank you. Did you do a DCF in Peru? If so can you offer any more advice? I am planning on returning to the U.S. within a month or so and we are planning on filing in Lima within a week or two.

We are going through this right now in Lima. Send me a private message if you would like to discuss issues.

Scott


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