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Axeldr

K1, Both living in DR, Affidavit of support?

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13 minutes ago, missileman said:

The US citizen moving to the US first provides a smoother path in some cases.

True. But the steps I mentioned can be used. Domicile is not a requirement to file I-130 but it is for the I-864 because of INA §213A; I-864 is filed at a later stage: https://citizenpath.com/proof-of-domicile-i-864/

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9 hours ago, HU87 said:

If they marry she can submit the I-130 at the USCIS Santo Domingo office and then go to the US to establish US domicile. The I-864 documents would be needed at the embassy stage. DCF timelines can vary but it is 4-6 months on average.

If she leaves the DR (thereby forfeiting residency) to establish US domicile, wouldn't that mean they couldn't do DCF?

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16 minutes ago, Jorgedig said:

If she leaves the DR (thereby forfeiting residency) to establish US domicile, wouldn't that mean they couldn't do DCF?

That is why I said submit the I-130 first at the USCIS Santo Domingo office. USCIS international offices require the petitioner to meet the foreign residency requirement at the time of filing, not throughout processing. At the embassy stage (no NVC involved for DCF route) the petitioner must fill out an I-864; thus establishing US domicile is required for the I-864.

Edited by HU87
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9 minutes ago, HU87 said:

That is why I said submit the I-130 first at the USCIS Santo Domingo office. USCIS international offices require the petitioner to meet the foreign residency requirement at the time of filing, not throughout processing. At the embassy stage (no NVC involved for DCF route) the petitioner must fill out an I-864; thus establishing US domicile is required for the I-864.

Ah, that makes sense!  I didn't realize that the foreign residency was only required at the time of filing.  OP, this would definitely be your quickest route to you both living and working in the US.

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