DCF filing process

[Mrjohn 0]

Got married to a Ugandan over a year ago, I have a son with her and I’m a legal resident with a 2 year work visa. I came to the USA to work for a few months. Can I still do DCF when I get back to Uganda?

[Mark88 183]

Are you a US citizen? 

[Mrjohn 0]

Yes I am

[Mark88 183]

Dcf is not available in Uganda. 

[payxibka 10,044]

10 minutes ago, Mark88 said:

Dcf is not available in Uganda. 

It is with extenuating circumstances. 

[Mrjohn 0]

What are the circumstances?

[HRQX 4,145]

23 minutes ago, Mrjohn said:

What are the circumstances?

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

Exceptional Circumstances

Examples of exceptional circumstances include:

• Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected.

• Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

• Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.

• Close to aging out – A beneficiary is within a few months of aging out of eligibility.

• Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship.

• Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years.

• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.

Discretion

The list of examples provided above is not exhaustive. DOS may exercise its discretion to accept local Form I-130 filings for other emergency or exceptional circumstances of a non-routine nature, unless specifically noted below. However, such filings must be truly urgent and otherwise limited to situations when filing with USCIS online or domestically with an expedite request would likely not be sufficient to address the time-sensitive and exigent nature of the situation.

[Just Paul 4,591]

If you have residency in Uganda you can contract the consulate with your exceptional circumstances and see if they will accept it.

[Suze1 366]

A couple of things to be aware of and prepared for -

1) One must be a resident of Uganda to do DCF. Your work visa there helps establish that. Just be prepared to address the recent work/stay in the US, residency-wise. 

2)  Also be ready taxes-wise. You still needed to file, and possibly pay, no matter where you are resident.

3) Also be prepared to satisfy the US domicile requirement, meaning that you intend to reside in the US.

4) You must also return to the US  with her or already be in the US BEFORE she arrives.

 

We did DCF. The domicile issue through us into AP.

 

Good luck.

Edited June 21, 2021 by Suze1

[Mrjohn 0]

7 minutes ago, Suze1 said:

A couple of thing to be aware of and prepared for -

1) One must be a resident of Uganda to do DCF. Your work visa there helps establish that. Just be prepared to address the recent work/stay in the US, residency-wise. 

2)  Also be ready taxes-wise. You still needed to file, and possibly pay, no matter where you are resident.

3) Also be prepared to satisfy the US domicile requirement, meaning that you intend to reside in the US.

4) You must also return to the US  with her or already be in the US BEFORE she arrives.

yes I have been paying taxes in the US and we plan on moving as soon as she gets a visa. But until she gets it I’ll be living in Uganda with her except for a few months of working in the  US. That is why I want to do the dcf

[SalishSea 16,774]

1 minute ago, Mrjohn said:

yes I have been paying taxes in the US and we plan on moving as soon as she gets a visa. But until she gets it I’ll be living in Uganda with her except for a few months of working in the  US. That is why I want to do the dcf

Does not sound like you will qualify for DCF.

 

Even with lockbox processing, you will have to show evidence of domicile.

[Suze1 366]

continuing..

 

5) Also keep in mind, that if you have been married for two years or more WHEN she arrives at the port of entry for immigration, she will get a 10 year green card without going through what is called "Removal of Conditions",  which is expensive and requires a lot of documents. Since you are already at over one year married...)

 

Edited June 21, 2021 by Suze1

[Suze1 366]

Yeah, doing DCF requires that you -

1) establish current overseas residency, as well as

2) demonstrate immediate plans (and urgent need in the case of exceptional circumstances) to be US resident.

Edited June 21, 2021 by Suze1

[Suze1 366]

Also, plan to meet the financial sponsorship requirement, which must be based on US income or assets.

[Mrjohn 0]

3 hours ago, Suze1 said:

Yeah, doing DCF requires that you -

1) establish current overseas residency, as well as

2) demonstrate immediate plans (and urgent need in the case of exceptional circumstances) to be US resident.

We own a house together with some land. Is that enough if I have a resident visa?