DCF filing after 2 years of marriage and have tourist visa

[loshyian 1]

Plan for DCF from Philippines within the next year. Will be married for 2 year this coming April.

 

1. Is two years the minimum or better chance of getting approved or is it 3 years now? 

2. My non citizen wife has a 10 year tourist visa, I assume that it will be revoked or that it would at least be strongly discouraged from visiting while DCF applications are pending? We plan to visit USA every Thanksgiving if it is financially possible.

3. My USA domicile is my brother's house and he would let us stay there until we are able to get our own apartment, would this suffice? 

[Redheadguy03 505]

2 years of marriage for the 10 year card. 

 

You need to stay in the Philippines for DCF. If you leave they could possibly deny the DCF. I wouldn't risk it by leaving. 

 

Yes, you have to use someone else's residence. So, your brother's works fine. 

[Haltom Family 40]

On 12/25/2017 at 7:54 PM, loshyian said:

Plan for DCF from Philippines within the next year. Will be married for 2 year this coming April.

 

1. Is two years the minimum or better chance of getting approved or is it 3 years now? 

2. My non citizen wife has a 10 year tourist visa, I assume that it will be revoked or that it would at least be strongly discouraged from visiting while DCF applications are pending? We plan to visit USA every Thanksgiving if it is financially possible.

3. My USA domicile is my brother's house and he would let us stay there until we are able to get our own apartment, would this suffice? 

Hi loshyian,

 

Good day, here's our insight about your situation: 

 1. Is two years the minimum or better chance of getting approved or is it 3 years now?

 

If it is your intention to return to the United States to reside, and planning to file the Form I-130, Petition for Alien Relative for your spouse, the prime requirement to adjudicate it are not just focus on the length of marriage.   A petitioner must meet all the Direct Consular Filing requirements provided by USCIS and these are the following:

 

The petitioner must be a US CITIZEN, and  provided that you (the petitioner) has been residing in the Philippines for at least the past six months.  If qualified, you the US Citizen would have to file the Form I-130 petition in their USCIS Manila office at the U.S. Embassy, Manila, in person, with the required documents and filing fee.  Please see the attached file entitled MPH - I-130 Petitions filing in Manila (list of requirements)  

Source and Cited:  MPH Inquiry CIS

 

2. My non citizen wife has a 10 year tourist visa, I assume that it will be revoked or that it would at least be strongly discouraged from visiting while DCF applications are pending? We plan to visit USA every Thanksgiving if it is financially possible.

 

You may want to inquire directly to USCIS, Manila at  CIS, MPH Inquiry <MPHInquiry.CIS@uscis.dhs.gov>   to get the precise answer to this  question. 

 

3. My USA domicile is my brother's house and he would let us stay there until we are able to get our own apartment, would this suffice? 

For proof of Domicile, you may want to look at the cover letter we prepared to satisfy the consular officer's concerning this matter at the time of our interview though the documents are very important, it is equally important too the way you will handle the consular officer questions at the time of the interview.  It matters a lot.  We suggest,  be prepared.  One step at a time.  

 

 

Hope this helps and God bless. 

MPH - I-130 Petitions filing in Manila.pdf

Edited December 30, 2017 by Haltom Family