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Filed: AOS (apr) Country: Philippines
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Posted

Hello VJ'ers!

I would like to ask a question regarding the DCF process on behalf of my friend. He is a US Citizen with a Philippine dual citizenship. He has been living out of the country for more than 10 years now. He was married last year and wants to petition his wife.

From my understanding, in order for them to qualify for the DCF:

1. He needs to re-establish domicile or show intent that he will go back in the United States as soon as the petition is approved? if he can't prove this, the petition will be denied?

2. He can not use his income or assets outside the United States for I-864?

3. If his income can not be used, can his US citizen sister residing here in the US sponsor his wife and sign the I-864?

Are all of these correct?

Thanks in advance.

12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

  • 4 weeks later...
Posted

Agree with Mark88 on #2 and #3. Regarding #1, those are 2 separate issues.

Yes, he needs to reside in the Philippines for at least 6 months in order to qualify for DCF filing. If approved, he doesn't necessarily need to go back to the US "as soon as approved" (but he could if he so desires). The visa is valid for 6 months following the date his wife passed her medical exam. As long as they enter the US prior to the expiration of the visa they will be good to go.

 
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