Questioning ability to qualify for DCF

[Toffs 3]

My fiance (Singaporean) and I (American with dual citizenship in Philippines) are currently trying to decide whether to pursue DCF filing in the Philippines or go the K1 route. I would prefer DCF as it's faster and she would be able to work immediately when getting to the states but I'm unsure of my ability to qualify for it.

 

Our living arrangements are a bit unusual as we don't actually remain in any country long enough to establish permanent residence since we both work remotely. We have been traveling to different countries and living out of our suitcases for the past 2 years, often staying in countries for 1-3 months at a time on a tourist visa and then traveling to a new destination. During this time I have been using the Philippines as my primary address for record keeping and home base (although I am technically only in the Philippines every 3-4 months and only for one month at a time).

 

I have a  Philippines driver's license and passport. Additionally I have a global health insurance policy (active for 1 year) that specifies Philippines as my primary location, an ongoing internet bill (active 2 years) in my name in Manila, and my latest US tax return specifies PH. However I do not own any PH property, PH bank accounts, and more importantly have any contractual rental agreements. Is this enough to establish 6 month residency in the Philippines? 

 

I do consider myself as technically living in the Philippines and just happen to travel a lot due to the nature of my work, but I don't want to risk marrying abroad to go the DCF route and become disqualified and forced into the longer CR1 route. If that's the case we would prefer to just get a K1 visa and marry in the states.

 

I see other people also recommend on these proofs that they must provide proof that they live together with their spouse for DCF. As my fiance and I do not actually have a home or rental agreement in our name, we can't provide this. Her legal residence is in Singapore, although she has not lived there in 2 years. The most proof that we can provide are Airbnb receipts showing that we had shared accommodation for several months at a time in various countries over the course of a year.

 

Would my lack of being stationary in a country for an extended period of time and our lack of permanent shared residence disqualify us if we decide to do DCF? Would it be more straightforward to simply file K1 abroad? If we go the K1 route we will most likely start it from Singapore together instead of the Philippines.

 

[Just Paul 4,591]

Does your fiance have legal status to be in Philippines?  

 

I did the similar thing with my wife but in Mexico where I had permanent residence as well. When I meet with USCIS in Juarez to file the I-130 I supplied my permanent resident card and Mexican driver's licence in addition to the other packet requirements.  

 

There are some others that DCF'ed from Manila.  Hopefully they have some suggestions.  You can also get an Infopass for USCIS in Manilla and ask them.

[payxibka 10,044]

I think you have the ability to  provide several contained on the list.  Infopass is a very good suggestion

 

Edited January 16, 2019 by payxibka

[Toffs 3]

9 hours ago, Paul & Mary said:

Does your fiance have legal status to be in Philippines?  

 

I did the similar thing with my wife but in Mexico where I had permanent residence as well. When I meet with USCIS in Juarez to file the I-130 I supplied my permanent resident card and Mexican driver's licence in addition to the other packet requirements.  

 

There are some others that DCF'ed from Manila.  Hopefully they have some suggestions.  You can also get an Infopass for USCIS in Manilla and ask them.

No she does not have legal status in the Philippines which was another one of my concerns as we wouldn't be able to immediately prove that we legally live together at the moment (aside from living in temporary accommodation for tourists). Thanks for the info I'll look into the infopass