Filing From Abroad - Need to Move Back

[EdenG 3]

Hi! Hopefully someone here can help me out. My boyfriend and I got married abroad and we are currently about to mail our i-30 with our translated and notarized documents, proof or relationship, and so forth. I listed our foreign address on the i-30, however I need to move back to the states in a little over a month to begin my graduate degree. How should I handle this situation? Do I need to list my U.S. address or should I leave it as is? I've heard that the process can be expedited with using a foreign address, which is why we are opting for that route. We don't want to be apart for long.

[laurenmy 0]

I've been living in Uruguay with my husband since 2009, but have also maintained my mother's Boston address as a permanent address (bills sent there, vote registration from there, etc). Anyway, my lawyer told me to list both. That said, a foreign address doesn't expedite anything, so just include everything accurately.

[EdenG 3]

Hi, thanks for the answer.

From what it seems, there is an "auto-expedite" possibility when filing with an address abroad. I read the following thread:

http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

[Amor Verdadero 33]

Depending on where you are located you may be able to file directly to the consulate overseas in that country. If you are able to do it, it will almost always speed up the process!

What Is DCF?

Direct Consular Filing (DCF) is the unofficial term for filing an I-130 petition via a Consulate overseas, rather than through the US Service Center. While not everyone will qualify to do so, this process can expedite the speed in which a beneficiary can enter the United States and become a Green Card Holder (US Permanent Resident).

Current DCF procedures state that if a US Citizen lives overseas they may file the I-130 for a foreign spouse, child or parent at the US Consulate / USCIS Field Office governing their place of residence. In most cases permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition (reference). In addition, emergency cases, such as life and death of health and safety, and cases determined to be in the national interest can be processed without the residency requirement being met. Examples of family emergencies include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.

Note: There may be a few rare cases where a non-resident US Citizen overseas may be able use the DCF procedure. For more information please visit the DCF Forums Section.

Finding Information on DCF at your Consulate

Visit the US Department of State website to find your consulate. Once at their homepage you should visit the Immigrant Visa (IV) section to look for information on direct filing of an I-130 (DCF).

Contact the Consulate via phone and confirm what you are wanting to do with them. Many consulates have different procedures for DCF so you will want to be sure that you confirm any details with them. Keep your questions very clear and fully describe your case.

If you are engaged and not yet married contact the Consulate prior to getting married to see if they can send you instructions in the mail (or refer you to them on their website). Often you can begin to collect information or complete certain required actions (such as a medical) in advance of being married. Only the consulate can confirm this so make sure to ask if this is possible.

Regardless of your case, if you qualify, ask the consulate what documents are required and can be collected in advance. This will save you a lot of time when you are ready to file. Examples of things you might collect in advance are: birth certificates, previous divorce documents, medical records, etc..

Important Note: A US Citizen living overseas that wishes to complete the I-864, Affidavit of Support, for their spouse (as part of the DCF process to get an Immigrant Visa) will be required to have U.S. domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864. In addition to having a US domicile/reestablishing domicile the US Citizen must either have employment that will continue (from the same source) when they move/return to the US, or, per the instructions on the I-864, the US Citizen and their spouse may use assets to qualify if the income requirement is not met. In many cases however a couple may need to get a joint sponsor to successfully fulfill the requirements on the I-864.

How long does the DCF Process Take

Every consulate is different however in many cases the processing time frame can be measured in weeks. For consulates with a higher case load or instance of fraud the processing time could be months. Regardless, DCF will almost always be faster than filing with the USCIS in the US. Additionally when you enter the US your spouse will immediately become a Legal Permanent Resident (LPR) and their Green Card will be mailed to them shortly after arriving.

[EdenG 3]

Thanks Amor! I tried, but the DCF in Jerusalem is no longer in operation. The only solution now is to send the documents to the states. I appreciate the reply though!

[Amor Verdadero 33]

Yea absolutely! Well good luck! From the timelines I have seen a lot of people who apply from out of country have their papers sent to the California Processing center which has turned out ALOT of NOA-2's recently with a quick turn around. Although I can't tell what the circumstances are for each case. Good Luck and hopefully you guys can be together soon. It's not fun being apart I can tell you that much! We are officially (as of friday) 16 months apart!!

Where are you going to grad school? Good luck with that as well! I start in August!

[EdenG 3]

That is good news! Did you file from within the states, or abroad? I'm scheduled to begin late August at USC. Thank you btw.

[Amor Verdadero 33]

I filed from within the U.S. and technically (on paper) we are just starting but I already have people trying to get involved to speed up my case because the USCIS told me last year that i HAD TO do something in Nicaragua with my hsubands vital documents or that we would ABSOLUTELY get denied. After a year of trying and trying to get it done we couldn't and spent a LOT of money trying. So I eventually got so mad that i contacted an immigration attorney stateside who said i actually didnt need to do that and we could start the process. So, needless to say i was FUMING mad. 16 months is a LONG time and its definitely straining our relationship (would never break it thats for sure but its hard!). I have only seen my husband for 3 weeks (combined) in the last 16 months! UGH! So here's to hoping we can speed this up!!

[EdenG 3]

I'm so sorry you have to go through that. I hope the matter gets settled soon. Are there any tips you would give me? We are just starting the process out. What are vital documents?

[Amor Verdadero 33]

His birth certificate was our problem and then our marriage certificate. We had a problem with his name from an error his parents made when he was born and again when he was 4. They never bothered to correct it because it doesnt really matter there. But in an immigration process it does however my lawyer is now doing it.

Tips: Its hard to say because i just started too. Just make sure you cross your t's and dot your i's. Make sure you have everything the way they want it, translations, copies etc. My lawyer told me (especially for my case with discrepancies in his documents) to give them EVERYTHING (i guess you should anyway). I probably sent more than they cared to have but better more than not enough and they come back with questions or doubts etc.

[EdenG 3]

It's good I asked my question today then. We just got our documents notarized and translated, but noticed issues with the translation regarding his parent's names. I really do hope it works out for you soon and I truly do appreciate the help!

[Amor Verdadero 33]

Absolutely!! Good Luck

[NikLR 13,234]

When you move back to the USA you will have to notify the USCIS of your change of address.

[EdenG 3]

Where should we keep the originals? Will I need to attend his interview?