Both living abroad, no exceptional circumstances

[JordanCosta 0]

Hi, I could use some help understanding whether we would be eligible for DCF and I-130.  My wife is Vietnamese and I'm a U.S. citizen.  We live together in Costa Rica for several months, I have a permanent residency here for years, and her application for residency is in progress, it should be approved early next year.

 

We legally married in Panama last spring.  I haven't been in the USA since December 2019.

 

From what I understand, the normal CR-1 process would require me to be living in the USA for several months, without my wife.  But we really don't want to be apart for several months.

 

Can we qualify for DCF even though we don't have exceptional circumstances?  Here on VisaJourney, the guide page says that if both spouses are living abroad, they should just DCF.  But elsewhere it seems to indicate to use DCF only in special cases such as military situations, urgent need for medical treatment, a job start date, etc.  We don't have any of those scenarios.

 

If it would help, I could switch jobs and find a company that requires me to be in the USA, with a starting date 1 or 2 months out from now.  That could qualify us for exceptional circumstances.  But I'm hoping we can just file normally with DCF / I-130 and show intention to establish a domicile in USA, and that could be enough?

 

I've read the info on USCIS (and this site) about DCF, and it's still not clear whether exceptional circumstances are an absolute requirement, or if any couple with residency abroad could qualify.

I really hope there is a way to do this without being apart for months. Any help would be appreciated.

 

Many thanks!

Jordan

 

 

[aaron2020 11,651]

You can not file for DFC.  You don't qualify.  Not wanting to be separated from your spouse is not an exceptional circumstance.  Separation is NORMAL for most couples. 

 

You don't have to be separated for several months.  You can demonstrate intent to reestablish a US domicile with the I-864.  

[Crazy Cat 39,215]

23 minutes ago, JordanCosta said:

From what I understand, the normal CR-1 process would require me to be living in the USA for several months, without my wife. 

Not true.  You will, however, have to show evidence of intent to establish domicile in the US.  You will also have to show evidence of either sufficient income which will continue after, re-locating, sufficient asset to sponsor the new immigrant, or a well qualified joint sponsor .

[JordanCosta 0]

Thanks guys.  So, it sounds like we will need to accept some time period of separation, regardless?  Or if we use the I-864 approach, possibly we wouldn't have to be apart?

 

I understand that many couples on here have had to deal with long periods of separation.  And of course that's difficult for people to go through.  If we also need to go thru that, of course we'll do what is needed.  But I just want to better understand what our options are.

 

I was not claiming that we had an exceptional circumstance -- I was in fact stating the opposite.  I just wasn't clear on whether DCF is only for exceptional circumstances, or whether it could be used for normal situations where a couple has established residency abroad for several months.  Here on VisaJourney "Guides" page it says:

 

"US Citizen and Spouse both live/reside overseas:   -----  Direct Consular Filing Information"

https://www.visajourney.com/guides/

 

So this led me to believe that my situation calls for DCF.  I appreciate the responses and help.

 

28 minutes ago, aaron2020 said:

You can not file for DFC.  You don't qualify.  Not wanting to be separated from your spouse is not an exceptional circumstance.  Separation is NORMAL for most couples. 

 

You don't have to be separated for several months.  You can demonstrate intent to reestablish a US domicile with the I-864.  

 

[millefleur 5,035]

3 minutes ago, JordanCosta said:

 

"US Citizen and Spouse both live/reside overseas:   -----  Direct Consular Filing Information"

https://www.visajourney.com/guides/

I apologize that the guides for DCF here on VJ are terribly out of date. As of 2019, DCF filing without exceptional circumstances has gone down significantly and is now only available in these places:

 

https://www.uscis.gov/about-us/find-a-uscis-office/international-immigration-offices

 

Everyone else has to contact the local embassy directly and prove exceptional circumstances to qualify for DCF.

[Crazy Cat 39,215]

15 minutes ago, JordanCosta said:

So, it sounds like we will need to accept some time period of separation, regardless?  Or if we use the I-864 approach, possibly we wouldn't have to be apart?

You must show either evidence that you reside in the US or evidence of your INTENT re-establish domicile in the US.  What is this "I-864 approach"?  EVERY sponsor (the spouse is always the primary sponsor) and Joint Sponsor must submit an I-864. 

Edited October 12, 2021 by Crazy Cat

[JordanCosta 0]

Also, on another page on VJ it says:

 

"Current DCF procedures state that if a US Citizen lives overseas they may file the I-130 for a foreign spouse, child or parent at the US Consulate / USCIS Field Office governing their place of residence. In most cases permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition (reference). In addition, emergency cases, such as life and death.........." (link below)

 

So this seems to indicate that for my situation (permanent residence abroad for more than 6 months) it could also qualify for DCF.  But if not I'd love to see a link that explains further the qualifications, just to understand better.  I know you guys have a lot more experience with this than I do.  I'm just confused why the guide pages seem to be pointing me towards DCF.  For example on the I-130 page:

 

"May I file an I-130 petition while out of the country??  Yes. If you reside outside of the US, it may be possible for you to file the I-130 petition through the nearest American consulate or embassy. Often this is quicker than returning to the US and filing through the Service Centers."  (link below)

 

But later on the same page it says:

 

"On the Affidavit of Support Fact sheet, it says that I have to be residing in the U.S to sponsor my relative. Is there any exception to this rule?  Yes, but the exceptions do not apply to most people. You should probably check with the CIS to see if you are one of the exceptions, but for people who do not qualify for the exceptions, there is no time limit set for you to re-establish your US residency. Basically, simply going back to the United States, staying a couple of weeks, and opening up a bank account, leasing/buying an apartment or house, or getting a job re-establishes your residency in the U.S, making it possible to sponsor your relative."

 

I already have a job based in USA, a mailing address (my sister's place), two bank accounts in USA and an active U.S. driver's license.   But if I go there for a few weeks and rent an apartment, then return to Costa Rica and keep paying the rent on that place, would that work?  Or would I need to physically remain in the U.S. until my wife's CR-1 is approved?

 

Again, I know the people here have a lot of experience.  I'm new to this and just want to correct my apparently faulty understanding, and learn more about what to do next.  So thanks again for the help and replies.

 

Best wishes,

Jordan

 

 

 

 

 

 

 

[JordanCosta 0]

4 minutes ago, Crazy Cat said:

You must show either evidence that you reside in the US or evidence of your INTENT re-establish domicile in the US.  What is this "I-864 approach"?  EVERY sponsor (the spouse is always the primary sponsor) and Joint Sponsor must submit an I-864. 

Thanks!  Sorry to be unclear -- I just meant the approach of showing intent to establish a domicile, via the I-864.  I wanted to understand whether this could help avoid a long separation period.

 

Best wishes,

Jordan

 

[millefleur 5,035]

2 minutes ago, JordanCosta said:

Also, on another page on VJ it says:

3 minutes ago, JordanCosta said:

So this seems to indicate that for my situation (permanent residence abroad for more than 6 months) it could also qualify for DCF. 

Those are all out-of-date, sorry about that. It used to be that way prior to mid-2019. Then USCIS started shutting down the service and slowly phased it out. Prior to 2019, as long as you were an American living abroad in a country with a USCIS field office, all you needed to qualify was proof of residence in said country. (This is exactly what I did in 2016.) Since the field offices has been shut down, they stopped offering it.

 

5 minutes ago, JordanCosta said:

Or would I need to physically remain in the U.S. until my wife's CR-1 is approved?

You can live wherever you want while waiting for the I-130 (first step) and then for the visa approval (second step.) There's no requirement for the USC, other than that if you're living abroad at the time, you'll just have to submit a "proof of intent to establish domicile" along with the other paperwork. Based on the stuff you have (US mailing address, bank accounts, etc) it should be no problem.

 

 

 

 

[Crazy Cat 39,215]

Just now, JordanCosta said:

Thanks!  Sorry to be unclear -- I just meant the approach of showing intent to establish a domicile, via the I-864.  I wanted to understand whether this could help avoid a long separation period.

 

Best wishes,

Jordan

 

Actually, the I-864 is used to show ability to financially support the new immigrant.  Proof of intent to re-establish domicile means showing evidence of actions to re-locate......2 separate requirements. 

[aaron2020 11,651]

4 minutes ago, JordanCosta said:

Thanks!  Sorry to be unclear -- I just meant the approach of showing intent to establish a domicile, via the I-864.  I wanted to understand whether this could help avoid a long separation period.

 

Best wishes,

Jordan

 

You file the I-130.  That will take 6-12 months to get approved.

 

Once the I-130 is approved, it is sent to the NVC.  There you will need to submit the I-864 and show the intent to reestablish a US domicile.

If your intent to reestablish a US domicile is accepted at your wife's visa interview, then there will be minimal separation or none at all.

If your intent to reestablish a US domicile is not accepted, you will need to return to the US alone to reestablish one before your wife can qualify for a visa.

 

THERE IS ONLY ONE PATH FOR YOU.  THIS IS IT. 

[millefleur 5,035]

13 minutes ago, Crazy Cat said:

Proof of intent to re-establish domicile means showing evidence of actions to re-locate......2 separate requirements. 

Exactly, the "domicile proof" is just an additional letter with copies of your proof that you submit with all the other paperwork. There's no special form or format, you just write up a letter explaining your situation and evidence and send it in along with the other forms.

 

The I-864 is a separate document that you'll work on in the "second part" of the process, once your I-130 is approved. The domicile letter will also be submitted in the "second part" as well.

 

I want to add that getting approved for domicile is very easy for most people. As long as you have proof, it should be no problem. It's only certain embassies like Canada that are known to be strict about it. That said, start preparing as much evidence as possible: bank accounts, voter registration, pieces of mail, where you intend to live, driver's license, etc...the more, the better.

Edited October 12, 2021 by millefleur

[Boiler 43,429]

The usual route to try DCF requires getting a job offer that requires relocation back to the US.

[Redro 4,597]

Unless you have secured a joint sponsor OR have enough assets to sponsor your spouse-

you might have to return to the U.S to establish an income of 125% poverty guideline. 

 

The DCF route unfortunately is no longer an option for most people, forget the guide.

Or if you're feeling cheeky- send an email to the embassy in Costa Rice outlining your circumstances and see if they'll allow you to DCF. 

[millefleur 5,035]

4 minutes ago, Kor2USA said:

Or if you're feeling cheeky- send an email to the embassy in Costa Rice outlining your circumstances and see if they'll allow you to DCF. 

Always worth a shot.