DCF residency requirements

[Loo7 1]

My husband is a US citizen and also holds south african citizenship. We are both south African born and he has recently become a citizen after naturalizing from a green card. He has properties in USA and SA, files taxes in both countries , has a car in SA and has a business in SA. He has been in USA for the last 7 months. If he returns to SA must we wait for 6 months of physical presence to apply for DCF or can we apply sooner. I've noticed there is a difference often between residence and physical presence but I'm confused by the 6month residency. Thanks:)

[payxibka 10,044]

5 minutes ago, Loo7 said:

My husband is a US citizen and also holds south african citizenship. We are both south African born and he has recently become a citizen after naturalizing from a green card. He has properties in USA and SA, files taxes in both countries , has a car in SA and has a business in SA. He has been in USA for the last 7 months. If he returns to SA must we wait for 6 months of physical presence to apply for DCF or can we apply sooner. I've noticed there is a difference often between residence and physical presence but I'm confused by the 6month residency. Thanks:)

Residencey based DCF is not available in SA.  The USC would need residency AND extenuating circumstances to try it. 

Edited September 20, 2019 by payxibka

[Loo7 1]

Just now, payxibka said:

Residencey based DCF is not available in SA.  He would need residency AND extenuating circumstances to try it. 

Thanks for the reply. The residency DCF option has timelines and application at the johannesburg uscis field office listed on the uscis website I enquired today so I believe it is available in south Africa . Where did you see otherwise?

[payxibka 10,044]

3 minutes ago, Loo7 said:

Thanks for the reply. The residency DCF option has timelines and application at the johannesburg uscis field office listed on the uscis website I enquired today so I believe it is available in south Africa . Where did you see otherwise?

Residency only requires a  USCIS international field office in country.   It has been this way for years.   Last I checked,  SA does not have a  USCIS international field office if one exists then you are ok

 

The other issue is most international field offices will be closing by March 2020

Edited September 20, 2019 by payxibka

[Loo7 1]

5 minutes ago, payxibka said:

Residencey based DCF is not available in SA.  The USC would need residency AND extenuating circumstances to try it. 

 

[Loo7 1]

1 minute ago, payxibka said:

Residency only requires a  USCIS international field office in country.   It has been this way for years.   Last I checked,  SA does not have a  USCIS international field office 

USCIS field office is in Johannesburg where I live (listed on the USCIS website)

[payxibka 10,044]

The offices are slated to close by March 2020

[Loo7 1]

1 minute ago, payxibka said:

The offices are slated to close by March 2020

Thanks. We would like to apply now not in march 2020 . Current wait time is 1 month. My question is regarding 6month residence not the field office itself which is still accepting DCF as they noted today

[payxibka 10,044]

Just now, Loo7 said:

Thanks. We would like to apply now not in march 2020 . Current wait time is 1 month. My question is regarding 6month residence not the field office itself which is still accepting DCF as they noted today

Only one way to find out 

[geowrian 22,335]

There is a USCIS field office in SA: https://www.uscis.gov/about-us/find-uscis-office/international-offices/south-africa-uscis-johannesburg-field-office

 

Therefore, residency-based DCF is an option for those petitioners living there.

Quote

Who May File or Receive Service:

U.S. citizens residing in South Africa filing on behalf of their spouse, unmarried child under the age of 21 or parent (if the U.S. citizen is 21 years of age or older).

U.S. citizens residing in this field office’s jurisdiction but outside of South Africa may file with the U.S. Embassy or U.S. Consulate having jurisdiction over the U.S. citizen's place of residence if the USCIS Johannesburg field office director determines that there are exceptional circumstances.

Active duty U.S. Military: Active duty U.S. military service members stationed permanently at a military base in USCIS Johannesburg's jurisdiction but outside of South Africa may file this form directly with the Department of State without needing to establish exceptional circumstances.

Filing and Other Special Instructions:

Residents of South Africa filing with USCIS Johannesburg may submit the petition and supporting evidence in person or by mail.

Evidence of residency must be submitted with the petition.  The evidence you submit must support a determination that you are a resident in South Africa.  Please note that certain pieces of evidence may more strongly support a finding of residency than others.  For petitions filed at this field office, you must submit the following:

• South African residency permit

In addition, other evidence of residency may include, but is not limited to:

• Passport entry stamp
• Residency permit or card
• Utility bills
• Housing lease
• Work contract or other employment documents
• Proof of local registration
• Military orders
• Bank statements
• Proof of school enrollment
• Vehicle registration
• Local driver’s license
• Tax documents
• Passport entry stamps
• Foreign property deeds or registration (although proof of property ownership in itself, may be insufficient if there is no evidence that the petitioner resides at that property)

Any document issued in a foreign language must be accompanied by a full English translation and by the translator's certification that he or she is competent to translate the foreign language into English. The original documents, with one copy of the originals, and the English translation should be submitted with the petition.  Any original documents submitted upon USCIS’ request will be returned.

 

[Loo7 1]

1 minute ago, geowrian said:

There is a USCIS field office in SA: https://www.uscis.gov/about-us/find-uscis-office/international-offices/south-africa-uscis-johannesburg-field-office

 

Therefore, residency-based DCF is an option for those petitioners living there.

 

Thank you for the response

[Just Paul 4,591]

You can file DCF there and by the time of the interview the petitioner has to show proof of US Domicile or the proof if re-establishing domicile.  

[carmel34 3,530]

4 hours ago, Loo7 said:

He has been in USA for the last 7 months.

This doesn't sound like he is a current resident of SA.  If he returns to SA and you try DCF, his passport stamps will show that he has only been in SA a short time so the IO officer will decide if his other ties to SA are enough to qualify.  All you can do is submit the evidence required to show SA residency, try DCF and see what happens.  At worst, you've only lost a month or two if unsuccessful with DCF and you can then file in the US for consular processing abroad.  It takes a year or so.  Good luck!

[payxibka 10,044]

Just now, carmel34 said:

This doesn't sound like he is a current resident of SA.  If he returns to SA and you try DCF, his passport stamps will show that he has only been in SA a short time so the IO officer will decide if his other ties to SA are enough to qualify.  All you can do is submit the evidence required to show SA residency, try DCF and see what happens.  At worst, you've only lost a month or two if unsuccessful with DCF and you can then file in the US for consular processing abroad.  It takes a year or so.  Good luck!

Since he is an SA citizen it may influence 

[geowrian 22,335]

Contact the SA field office and ask them if they will accept it.