Direct Consular Filing

[Dubby 0]

my husband arrived first time here in philippines last dec 2010 and left sept. 2011 ( i was 5 months pregnant that time ) to visit his family for thanksgiving( he actually overstayed like 9 months but settled the amount at the immigration before he left ) and came back jan 2012 after i gave birth then we got married april 2012. can we file for DCF on that case? Thank you! Are we ( including our son )qualified for that category? Is he considered a resident knowing that he stayed here in the philippines for more that 6 months? And he has a proof of it; the contract of his apartment during his stay here plus his icard was addressed there and he settle his extensions.. your reply will be highly appreciated. thank you and god bless!!

[Penguin_ie 5,986]

What kind of visa is he on now? If he is on a tourist visa, it likely won't count as residency even if he has an apartment there.

For your son, he is probably entitled to US citizenship, see here: http://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/

[Dubby 0]

Tourist... Its just that he overstayed. Can we do something to make it count as legal residency? he came back jan 2012 and hes still here until now..

ABout my son, he can be a citizen even we not yet married when he was born??

[Leatherneck 693]

If your U.S. citizen husband had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after he reached the age of fourteen, then your child is entitled to U.S. citizenship- even though you were not married at the time of your child's birth.

His legal residency will be based on when he became a legal resident - that is what USEM will look at. The time he overstayed, not sure how you will go about making that go away or get it changed to reflect he was a resident if he was not. But in the Philippines, money talks and who you know matters.

Edited April 5, 2012 by Leatherneck

[LSnBigBear 61]

my husband arrived first time here in philippines last dec 2010 and left sept. 2011 ( i was 5 months pregnant that time ) to visit his family for thanksgiving( he actually overstayed like 9 months but settled the amount at the immigration before he left ) and came back jan 2012 after i gave birth then we got married april 2012. can we file for DCF on that case? Thank you! Are we ( including our son )qualified for that category? Is he considered a resident knowing that he stayed here in the philippines for more that 6 months? And he has a proof of it; the contract of his apartment during his stay here plus his icard was addressed there and he settle his extensions.. your reply will be highly appreciated. thank you and god bless!!

I don't see any issues with your husband's over stay in the Philippines where it would matter for a K1 or K3 USA Visa. Does your husband have a USA residence? If so, no issues just get the DNA test done early in the RP. It cost about 20,000p total from what my friend told me it cost him. Once that is established then it shows a bonafide relationship so file away... Unless I am missing something you will be fine.

Good luck

[Penguin_ie 5,986]

I don't see any issues with your husband's over stay in the Philippines where it would matter for a K1 or K3 USA Visa.

The K3 is obsolete, not sure why you mention that? The OP's husband wants to file DCF that is why residency is important.

[Dubby 0]

Yes he was born and raised in the united states... He stayed here 10 months then left for the states when i was 5 months pregnant and came back Jan 2012 after i gave birth and until now he's here... so if cant file for dcf,its gonna be k3 then? spousal visa? ugggh the whole process is confusing.. we dont know how to start our papers right after our marriage...

[Penguin_ie 5,986]

No, forget the K3, it isn't happening anymore. It would be the CR-1 if you are married less than 2 years, or IR-1 if married more than 2 years.

[Leatherneck 693]

Yes he was born and raised in the united states... He stayed here 10 months then left for the states when i was 5 months pregnant and came back Jan 2012 after i gave birth and until now he's here... so if cant file for dcf,its gonna be k3 then? spousal visa? ugggh the whole process is confusing.. we dont know how to start our papers right after our marriage...

The "...whole process is confusing" because you and your husband have not educated yourselves adequately about the options that apply to your situation, this site is the right place to be and to learn what steps to take. Start with reading the "Guides," look at the top of this or any page in the blue header and click "Guides." then click this.

If your husband does not meet the residency requirements, then DCF is not an option. Please do not bother yourself with the K3, rarely is that visa option available. It is, for most intents and purposes - an obsolete visa. Focus on the IR1/CR1, by submitting a properly completed I-130 to USCIS.

[lovekoto 3]

Hello, you cannot apply yet for DCF since your husband only stayed here four months. The 10 months that he stayed from 2010-2011 were not counted. He has to be here more than 6 months without exiting the country. You can still apply but you have to wait another 2 months. PM me if you still have questions.

[Dubby 0]

Thank you guys! I checked the website and it cleared some questions in my mind.. even we wait for 2 more months here now and his status here is still tourist, we cant file for dcf cos hes not a resident status... i seen on the ir/1cr1 requirements that one of the papers needed aside from our marriage certificate and our son's birth certificate is joint ownership or residency... we have the old contract from our old apartment from last year under his name;the times i was pregnant but we not yet married, can we use it as a proof of legitimate relationship? now we live in my parents house when he got here jan this year. we dont want to get own apartment cos of this so called "practicality" to save money cos he be the one paying for the whole visa process.. only thing we have here at mom's apt is his monthly internet bill on his name..

[Angeljay 8]

Hello, you cannot apply yet for DCF since your husband only stayed here four months. The 10 months that he stayed from 2010-2011 were not counted. He has to be here more than 6 months without exiting the country. You can still apply but you have to wait another 2 months. PM me if you still have questions.

hi sis nag file kana pala. how was it?

[lovekoto 3]

hi sis nag file kana pala. how was it?

Yes sis. It turned out good. I will help you if you have some questions.

[Angeljay 8]

Yes sis. It turned out good. I will help you if you have some questions.

thank u so much sis! update ka ha

[Penguin_ie 5,986]

**** English only outside the regional forums please. If you wish to post in tagalong, please post in the Philippines Regional forum ****