6 Month Residency Requirement-DCF

[Steve and Evelyn 0]

Hello VJ Friends!

I am preparing the application for a DCF at the US Embassy in Manila. Here is the situation. I came to be with my then fiancee on January 30, 2013. I then had to return to the states for a period of time in April to take care of some personal affairs an help my previous employer with a project and returned on September 16th. We were married on November 10th. To cover my bases I have a lease in both my fiancee (at that time) and myself signed and notarized on February 1, 2013. I am concerned that my time out of the Philippines will cause a problem with the six month continuous residency requirement. If I am denied because of this does anyone know the procedure and the soonest I can re-file and the ramifications.

I also read elsewhere on this site this morning that because of the typhoon all I-130's were being expedited. Could this work in my favor? Any thoughts?

Thank you in advance for any past experiences you have had and assistance with this questions.

Best wishes & salamat po!

Steve & Evelyn

[dwheels76 5,468]

Hello VJ Friends!

I am preparing the application for a DCF at the US Embassy in Manila. Here is the situation. I came to be with my then fiancee on January 30, 2013. I then had to return to the states for a period of time in April to take care of some personal affairs an help my previous employer with a project and returned on September 16th. We were married on November 10th. To cover my bases I have a lease in both my fiancee (at that time) and myself signed and notarized on February 1, 2013. I am concerned that my time out of the Philippines will cause a problem with the six month continuous residency requirement. If I am denied because of this does anyone know the procedure and the soonest I can re-file and the ramifications.

I also read elsewhere on this site this morning that because of the typhoon all I-130's were being expedited. Could this work in my favor? Any thoughts?

Thank you in advance for any past experiences you have had and assistance with this questions.

Best wishes & salamat po!

Steve & Evelyn

Well you have no proof of continuous stay once they see the stamps in your passport they will know you left. You can't jump the queue.

The expedites thats happening with I-130's are because of the horrendous backlog for I-130's and USCIS trying to help the Philippine community.. K1's don't have such an issue and no need to expedite there. They are still being approved at a fast rate.

i guess all you can do is file and see, You might be wasting your time. I hear Manilla is very thorough and looks very closely at paperwork and I know DCF all over is very very meticulous. You can roll the dice and see.

[Steve and Evelyn 0]

Thank you for your thoughts! On the one-sheet the embassy sent me for DCF paperwork requirements I can either give them my birth certificate or my passport to prove my US citizenship. I'm giving them my birth certificate. Of course they have electronic records of my travel and will know about this trip. I can explain it and that intent was to return as soon as I completed my work in the states. My concern is if I'm denied will there be a waiting period penalty. I do like gambling but I don't want to wait a year to re-file or whatever the penalty is. And of course the additional $420 filing fee. Or they could just deny and say re-file six months after my return on September 16th. Naturally we are both anxious to go to the states where we have jobs waiting. Thanks again! Much appreciated.

Steve & Evelyn

[jan22 3,056]

Please review the information again. Even if you qualify for DCF, you cannot file an I-129 for a K-1 visa outside the US. They must be filed in the US. (You can be outside the US, but you have to sent the petition to the lockbox address in the US). You can only file I-130's (and in some cases I-360s and I-600s), i.e., petitions for alien relatives, via DCF.

Oops...never mind....missed the line in your post re getting married, and your timeline still says K-1. Please ignore everything I just said, sorry!

Edited December 21, 2013 by jan22

[Darnell 8,478]

I am concerned that my time out of the Philippines will cause a problem with the six month continuous residency requirement.

You are right to feel concerned.

File 6 months after your last arrival in the PI.

Go Get Em, and Good Luck !

[aynom 0]

It is difficult for these transitions; especially when you are just married but you are doing the right thing to begin now. You have to file 6 months from the time you entered and began proceedings for residency where you are. After the date you have legal residency established; you can then begin the six month waiting period. The key here is always legal residency. Have you applied yet for a residence permit? Usually if you have done this you are allowed to travel on the permit and the residency countdown begins from the time it becomes legal.