Feeling freaked out!

[Lucy_Nani 0]

So I just started reading the additional requirements for filing DCF. I went to the embassy today in Lima, and dropped of the application and everything was fine and easy. Then the lady tells me they will send more instructions in the mail within the next 3 months. So I start doing research on VJ and there are more steps which I knew about but I didn't realize there were so many. Including a $985 filing fee!! This is for the adjustment of status. My husband has to get police records, a medical exam (who knows how much that will cost?!), fingerprints, affidavit support from someone in my family living in the States (because I cannot do it I have been living in Peru), and who knows what else. #######?! I thought DCF was supposed to be so fast and easy, and the cheapest. I just spend $420 today dropping off the application, and then I find out that he can't leave the US for more than 6 months at a time. I thought we were going to have way more freedom, than that. I thought we could come and go as we please. This blows. Someone please tell me that it will be okay and the positives for doing all of this.......

[lost_at_sea 995]

You won't be doing adjustment of status. That's for folks that enter on a non-immigrant visa and change status.

I'm confused about your 6 month comment. Are you not planning to reside in the US? You can come and go as you please, but green card holders are expected to maintain their US residency for at least 6 months of the year.

Everyone pays for police certs ($varies), petition fee ($420), visa fee($230), IV fee ($165) and medical ($varies ~300), DCF or not.

Edited August 9, 2013 by lost_at_sea

[Lucy_Nani 0]

Right I didn't know that he was required to LIVE in the US. The plan has sort of been ok let's go for at least a year and see how it goes, and if you like it then great but if not then we will move back to Peru. So let's say in two years we decide to move back to Peru, and let's say we have a baby which takes around a year. Then we have to do the process all over again if he wants to re-enter the US? I mean if he didn't maintain his status. I guess I didn't realize he had to live in the US full time. I thought he would be more like a citizen that he could come and go as he pleases, live half and half.

About your comment. I don't quite understand, about the adjustment of status. Do you know what the next steps are in DCF? I know we have to have an interview, police records, show that he will not be a financial strain on the US, and medical exam. What about other fees? Thanks

[lost_at_sea 995]

Also, if you have been living in Peru, you are going to need to show you have maintained US domicile or that you are intending to re-establish it.

[lost_at_sea 995]

I edited my above post with the main fees. Factor in any travel, mailing, obtaining copies of docs etc.

If you don't maintain US domicile after you enter the US he can lose his green card and you'll have to start over. Waivers can be applied for if he wants to remain outside of the US for a prolonged period of time, but should be done before he leaves the US.

[Lucy_Nani 0]

sorry just re-read about the other fees....ok not soooooo bad, at least there wont be an additional $985.....!!!

[lost_at_sea 995]

If you manage to last in the US for 3 years, he'll be eligible to apply for citizenship. Then his freedom to come and go changes to more like what you expected.

If you've been married less than 2 years when he gets his visa, he'll be a CR-1, which means he'll have a 2 year conditional green card upon US entry that you'll need to remove the conditions on (RoC) within 90 days before it expires. He, like me, will be a conditional permanent resident until he's done RoC (then becomes an LPR).

If you've been married 2+ years when he gets his visa and enters the US, he'll get a 10 year green card. He'll be a legal permanent resident straight away.

Those are the main things you need to know about after you've done DCF. There's guides on all of that on VJ.

Adjustment of Status is for folks like K1s who enter as non-immigrants then marry. As you say, that's an expensive route.

Note: it's important that YOU are able to show US domicile or that you intend to have one again, else he'll get no visa at all.

Edited August 9, 2013 by lost_at_sea

[apple21 953]

A US citizen can live anywhere they please, but not for a green card holder.

A green card is for living permanently in the United States. That should be made clear. If a green card holder stays abroad more often than the time he/she have lived in the US, there's a chance the green card will be revoked and he/she will lose residency status, then you will have to start i-130 all over again.

[jenni17 36]

Right I didn't know that he was required to LIVE in the US. The plan has sort of been ok let's go for at least a year and see how it goes, and if you like it then great but if not then we will move back to Peru. So let's say in two years we decide to move back to Peru, and let's say we have a baby which takes around a year. Then we have to do the process all over again if he wants to re-enter the US? I mean if he didn't maintain his status. I guess I didn't realize he had to live in the US full time. I thought he would be more like a citizen that he could come and go as he pleases, live half and half.

About your comment. I don't quite understand, about the adjustment of status. Do you know what the next steps are in DCF? I know we have to have an interview, police records, show that he will not be a financial strain on the US, and medical exam. What about other fees? Thanks

In Peru the medical exam costs around 450 soles give or take a little more if you decide to get the vaccinations there. They give you the option to have them done somewhere else but it's a little more complicated if you choose to go that route. As for the police certificates there are two you have to get, they don't cost much... under 100 soles... the pain is that you have to pay in banco de la nacion and then go to two separate places to do the tramites. I'm also not sure how it works if you live outside of Lima, you may have to go there to get them... for the medical at least I know it can only be done in Lima.

As for what to do if you two end up moving back to Peru before he gets his citizenship. At that point it may be easier for him to get a tourist visa. He's had the opportunity to move to the US and live there and willingly left and given up his green card. I think it would be easier to convince the embassy during an interview for the tourist visa that there is no immigrant intent. You wouldn't have to go through the entire process a second time unless you leave the US move to Peru for over 6 months and then decide again that you want to move permanently back to the US. If you're only looking for a way to travel freely to visit family etc, the tourist visa would be the way to go.

Feel free to message me if you want more info about the process of getting the police certificates... it was a pain and a whole day long affair haha way more complicated than it needed to be...

[Lucy_Nani 0]

I edited my above post with the main fees. Factor in any travel, mailing, obtaining copies of docs etc.

If you don't maintain US domicile after you enter the US he can lose his green card and you'll have to start over. Waivers can be applied for if he wants to remain outside of the US for a prolonged period of time, but should be done before he leaves the US.

What a relief! Thank you so much for your responses!