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BigBob39

DCF Rules

By BigBob39 in Direct Consular Filing (DCF) General Discussion

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BigBob39 Newbie

BigBob39   0

Posted
Filed: Other Country: Philippines
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Posted (edited)

Hello. Not sure if I should be asking this here but I think I can get the best answer from this forum. My wife, a filippina, and I got married 7 years ago in America after I sponsored her on a K-1 Visa. Five years ago we moved to the Philippines to live permanently. Since then our marriage has turned sour and we cannot work things out so my question is this. If we file for a Direct Consular Filing and are approved to both go to the USA, and if things don't get better for us in America, then is there a time limit on filing for a divorce? Can we file right away if that is what we decide? Don't get me wrong but I will try my best to work things out with her but if we can't then I want to know what my options are. btw, I still have kept my residency requirements in my hometown due to living part of the year there and part here in Cebu. Any help on this will be appreciated. Thanks.

Edited by Penguin_ie
Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

***** Full name removed for your own privacy and safety ******

There is no specific time when it would be ok to file for divorce. If it is very soon after you arrive, they may look into your filing of the visa petition for potential fraud, but considering how long you have been together overall, it seems unlikely. As you are married more than 2 years, she will get an IR-1 visa and a ten year permanent greencard upon entry which she can remain on forever if she decides to stay in the USA; you would be on the hook for the I-864 affadavit of support.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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BigBob39 Newbie

BigBob39   0

Posted
Filed: Other Country: Philippines
 Timeline
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Posted

***** Full name removed for your own privacy and safety ******

There is no specific time when it would be ok to file for divorce. If it is very soon after you arrive, they may look into your filing of the visa petition for potential fraud, but considering how long you have been together overall, it seems unlikely. As you are married more than 2 years, she will get an IR-1 visa and a ten year permanent greencard upon entry which she can remain on forever if she decides to stay in the USA; you would be on the hook for the I-864 affadavit of support.

Thanks for your reply and it does clear things up some. Wish me luck! Take care.

 
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