DCF Denied, changing to K3 and i-130 need some advice please

[arjuna 0]

Hey everyone,

I have been reading the posts on here for a while and they have been very helpful to me.. This is my first time posting here.

I am 25 years old, living currently in the Philippines (for the past 4 months) and I am married to a Filipina.

I want to return to the US with my wife and my step-daughter.

Today we went to Manila US Embassy to attempt to file our I-130, which was denied due to me not having been in the Philippines for 6 months.

The officer advised me to file the I-130 in the US and then file for a K3 visa so my wife can join me in the US while we wait.

Do you think it is better to wait for another month and a half and file at the US Embassy here again, or should I go ahead and send everything to the Chicago lockbox and start on the K3 route? I want to live in the US with my wife ASAP.

Another question, I haven't filed taxes for the past 3 years, as I went through a few jobs. I am now steadily employed in the US as an electrician, where I make very good money (around 80k/yr). I am worried that this may be a problem for us.. I haven't intentionally avoided paying taxes (I am actually owed a refund for all three of the past years) I just didn't get around to it.

any advice will be appreciated..

Thank you

[Penguin_ie 6,005]

If you have been reading here, you know the K3 is obsolete, forget about it- it wil in fact slow you down as the I-130 is pulled out of file to meet up with the I-129, then the I-129 is closed at NVC. However, recent experience shows that even if filed with the Chicago Lockbox, a CR-1 by an overseas resident USC is fast tracked, so I would probably go ahead and file now via the USA.

You will need to back-file taxes, but as long as you do that, no problem. Do it now as the process can take a while.

[pushbrk 14,259]

If you have been reading here, you know the K3 is obsolete, forget about it- it wil in fact slow you down as the I-130 is pulled out of file to meet up with the I-129, then the I-129 is closed at NVC. However, recent experience shows that even if filed with the Chicago Lockbox, a CR-1 by an overseas resident USC is fast tracked, so I would probably go ahead and file now via the USA.

You will need to back-file taxes, but as long as you do that, no problem. Do it now as the process can take a while.

Perfect answer. K3 is dead. I-130 approval will probably be fast tracked if you are currently living abroad. You WILL need to deal with the sponsorship issues pretty quickly.

[Ryan H 3,932]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures. OP's wife will ultimately apply for CR-1 visa (IR-1 if married for 2 years or more).

[allysca 0]

Hey everyone,

I have been reading the posts on here for a while and they have been very helpful to me.. This is my first time posting here.

I am 25 years old, living currently in the Philippines (for the past 4 months) and I am married to a Filipina.

I want to return to the US with my wife and my step-daughter.

Today we went to Manila US Embassy to attempt to file our I-130, which was denied due to me not having been in the Philippines for 6 months.

The officer advised me to file the I-130 in the US and then file for a K3 visa so my wife can join me in the US while we wait.

Do you think it is better to wait for another month and a half and file at the US Embassy here again, or should I go ahead and send everything to the Chicago lockbox and start on the K3 route? I want to live in the US with my wife ASAP.

Another question, I haven't filed taxes for the past 3 years, as I went through a few jobs. I am now steadily employed in the US as an electrician, where I make very good money (around 80k/yr). I am worried that this may be a problem for us.. I haven't intentionally avoided paying taxes (I am actually owed a refund for all three of the past years) I just didn't get around to it.

any advice will be appreciated..

Thank you

I don't know if the Manila Embassy referred you to the USCIS international Office in Manila but if they didn't, that's another option you could check out. Pros of going through USCIS manila is that they consolidate the entire process and you are given priority for consular interview. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73b714836a14d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

[allysca 0]

The 6 month residency thing is not required by law, it's discretionary. I'm surprised the Manila Consular office even used that as a reason to deny your DCF since the August Rule change also led to amending the FAM to specify that Petitioner's residency in consular area shall not be taken into account for Consular adjudication of I-130. Further, pursuant to the same August rule, US Consulate's abroad are no longer authorized to adjudicate DCF's anymore except in emergency situations.

I don't know if the Manila Embassy referred you to the USCIS international Office in Manila but if they didn't, that's another option you could check out. Pros of going through USCIS manila is that they consolidate the entire process and you are given priority for consular interview. But, I don't know if they have a residency prerequisite. Asking them seems pretty easy though according to their website. Keep in mind that 'reside' could be as meaningful as just living in a place at the current time to as prescriptive in meaning you need permanent residency in that country to even begin talking.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73b714836a14d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD