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cmdpdiva

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Posts posted by cmdpdiva

  1. Yet another option if he is moved in September, your husband could file for the I-130 and you could go over with him in September on a visitors visa, then you could return to London for the interview, get the visa, and move over for good. It is legal to enter on a visitors visa while an I-130 is processing.

    Aren't they already doing the DCF? Cheaper and faster than filing I-130 from the US.

    I mean for the husband to file the I-130 at the Embassy in London, then go to the States, then she could wait in the States with him until they invite her to interview. Then she could return to London alone to interview and complete the process. He doesn't have to be there for the interview. This would just be so they didn't have to spend as much time apart.

  2. Another option would be to, once your I-130 is approved, delay the interview until you know what the situation is. The I-130 approval is good for a while. We needed to delay so we just waited a month or so before returning packet 3 to the Embassy. It depends on how flexible the London Embassy is, this I don't know. But people who do I-130's the "normal" way through USCIS sometime have to wait months for an interview, so I don't see why it would be a big deal to request to delay the interview until you're sure you're heading over.

  3. Hi there!

    Just saw your post, I'm usually on the DCF board as I currently live with my husband in Copenhagen and we just completed the process. It took about 3 months. We've found the embassy to be very helpful throughout. They've always answered our emails promptly and were very accommodating when we had to change our interview date. Both times we were there, first to file the I-130 petition and then for the interview, they were not busy at all and we didn't wait long.

    Good luck with your interview!

  4. If it's impossible for her to get a student visa when married to an American, you still have a few options. You could file for the I-130 at a USCIS service center, and maybe get it expedited by enlisting the help of a U.S. member of congress. If it's not done in time for a Fall 2009 start, it could still be possible for your wife to enter on a tourist visa, start her classes, go back to Mexico for her interview, and then enter again with her CR-1 Green Card.

    She could complete her studies, then, if it's required that she return to Mexico and work due to having received scholarship money, you could apply for a travel permit. I work at an international firm in Denmark and several of my colleagues are U.S. green card holders but are allowed to live/work outside of the States because they have travel permits that allow them to do so for 1-2 years.

    However, getting a green card means that you intend to live in the U.S. If your wife gets a CR-1 (then her 10 year green card after you remove conditions) and completes her studies and then you decide to abandon it and move to Mexico for an indefinite period of time, it could be difficult for you both if you ever decide to move to the U.S. again.

  5. My advice would always be to do DCF if possible. My case is not as complicated as yours, but our process with the Copenhagen Embassy has been very smooth. One of the consular officials told me that they receive about one I-130 petition a week as opposed to the thousands received by service centers in the States. This means they are much more available to answer questions and help you through the whole process, and you don't have to deal with NVC at all.

    I suggest you contact the embassy in Helsinki and see what you and your wife need to do to be eligible to do DCF.

  6. I think you will be okay in either scenario. You are allowed to come and go after receiving your green card. And I could be wrong, but I have seen on other boards that it is near impossible if not impossible to get an F-1 visa when you are married to a U.S. citizen. The only non-immigrant visa you can get is the K-3.

    As far as the domicile question above, on the 1-864 where it asks for "country of domicile" my consulate told me that it is much easier to just write "Denmark with the intent of re-establashing domicile in the U.S." and then attach a letter telling what I have there now and what my plans are. It just simplifies the paperwork. Check with the embassy and see what they recommend!

  7. I know it is possible to have a green card and a travel permit that allows you to travel and work outside of the country for a defined period of time, sometimes even up to two years. However, I'm not sure how long it takes. You might have to go to the States and activate your husband's visa and remain there while the travel permit is processing, then move back to Ecuador until you are ready to relocate permanently. But it might be an option to look into!

  8. I am currently doing DCF from Copenhagen. I have a similar situation as you in that my husband and I will most likely living with my parents when we return. I don't make much money and my father will be a co-sponsor. But I believe you are incorrect as to the paperwork.

    You should fill out the I-864 listing any income and assets that you have (if you want to, you don't have to use your income or assets if your co-sponsors will be enough)

    Your mom does the I-864 as well. She is not your "household member" and therfore doesn't need to use I-864A. This is what I did wrong initially, I had my father fill out the I-864 A when he needed to fill out the I-864 and I was corrected at the embassy when we filed for our I-130. She will be joint sponsor #1. You should not need to provide evidence that your father is no longer in the household. If you read the definitions for who is considered a part of the "household" it states that only people for whom the sponsor is financially responsible are included and your parents are no longer married so she won't put a check in that box. But you should probably get a copy of the divorce papers, just in case they see the joing filing from 2008 and notice that she is not married when filing and wonder what happened. But it shouldn't matter, even if they filed jointly you are only using your mother's income. The tax return is just a record of that.

    If just your aunt or uncle is going to be a sponsor, one of them will need to fill out another I-864. He/she will be joint sponsor #2. If they both are, one will fill out the I-864 and the other will fill out the I-864 A as a "household member" adding his/her assets to joint sponsor #2. Does that make sense?

    When we went to file our I-130, they told us that we could bring our I-864 papers and they would look over them before the interview where they are turned in. They were very helpful, hopefully the Tokyo Embassy will be as well!

  9. I'm sorry that I can't help you because I'm not sure of the answer! Have you had your I-130 appointment at the Embassy yet? My husband and I went yesterday and they allowed us to bring the Affadvait of Support documents that we had so they could go through them and answer all of our questions. We are not using the I-864 A though. They also suggested that we email them if we had additional questions. Have you tried contacting the embassy?

  10. Thanks, Mortenson.

    I actually sent in my residency documents before we were married, I wanted to be sure they would allow me to do dcf because I'm here on an "intern" visa that expires at the end of August. They said it would be fine and to let them know when I got married. I notified the embassy (by email, they have a fast response time and then you have something in writing!) on Tuesday, and they gave me an appointment for the 20th. So from when I asked for the appointment to when I am filing is 24 days, not bad I think!

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