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Found 28 results

  1. Hello, is anyone currently going through the DCF process for an CR1/IR1 visa in the UK? We filed on Jan 25th, got approved on the spot, and still haven’t heard anything since.
  2. We are currently waiting to hear back from our I-30 petition, and want to be ready to submit our DS-260 & I-864. My questions are regarding the I-864 Affidavit of Support. Situation: The sponsor has moved to the U.S. after filing the I-130 petition. Their current income in the U.S. is over 125% of the 2022 federal poverty guidelines. Sponsor was working in the UK from January 2022 - May 2022 Sponsor is currently working in the US from May 2022 - Current Sponsor's tax returns in 2019,2020,2021 do not show an income, as they were unemployed Questions: 1. How to calculate current income? (given that they have both worked in UK & US during this year) From my research, current income means how much the sponsor has earned from January 1st - December 31st, and not just their annual salary, which is why I am somewhat confused. So to calculate my sponsor’s current salary, we use the amount of income they have earned to date in 2022, and then extrapolate until the end of the calendar year. However, given that my sponsor has worked in the UK for the first half of the year, does this previous foreign income count towards this calculation? For example, if their foreign income is not included in the total annual income, and they have only started worked in the U.S. in May 2022 earning $30,000 annually; that means their earnings from May 2022 - December 2022 would only be $17,500 for the entire year, which is below the Federal Poverty Guideline. Does this mean we have to use this figure as my sponsor's "current individual annual income" instead of what's stated on their work contract? If so, it would mean we would need an additional sponsor. 2. What supporting documents do we need to provide? (Both Domicile & Financial) Since my sponsor doesn't have a regular income shown on their tax returns for the previous years; and that the 2022 tax returns are not due yet; should we still include my sponsor's tax returns? And what else do we need to include given our situation? Our current evidence list: Copy of U.S. Citizenship Document Copy of foreign paychecks from January 2022 - May (UK) Copy of U.S. Paychecks from May - Current Copy of U.S. Bank statements Employment Verification Letter from the sponsor's current job in the U.S. Anything else? 3. Given all the information above, should we get an additional sponsor? We are in a position where we can get an additional sponsor if it is beneficial to our application. But considering the above, are we ok or should we get an additional sponsor to be on the safe side? 4. Since we are going through the DCF route, do I print the I-864 and take it with me to my interview at the U.S. Embassy in London? Thank you for any help.
  3. Hi everyone, I am new to this site and researching the possibility of filing DCF. I am a US citizen based in London and planning to move to the US with my spouse who is a UK citizen. Does anyone know if the embassy in London still accepts DCF? I am planning to submit DCF for a CR1 visa, on the basis of having a job offer in the US which requires me to relocate short notice. Thank you!
  4. Hello, I was wondering if Direct Consular Filing is available in Morocco? I am a US citizen, newly wedded with my Moroccan husband residing in Casablanca, currently undergoing the process of obtaining carte sejour. I intend to live in Morocco with my husband until a green card is issued. How do I go about the process for filing a DCF? How do I go about filing petitions outside of the US? Thank you for your time, Salima
  5. Hello all, My USC wife and I recently got approved for DCF and we have submitted the I-130 package to the embassy. My wife would like to go back to the US at this point in time and wait for me to come after I get approved for LPR. I am wondering if my wife needs to be here in my home country for any further step of the DCF process such as the interview etc? Thanks in advance!
  6. This forum has been a great help to me so I'm starting this post to document my visa journey so that it may help others in similar situations. I'd like to give special thanks to @TYOGaijin. Your posts have been very helpful and I only wish I discovered it earlier. ============== Context: I'm the beneficiary who's a Canadian citizen and my husband is the petitioner who's a US citizen and we're both based in Japan. He received a short notice of job relocation and we are filing our I-130 through Direct Consular Filing. During the time of this posting, we have our embassy appointment set and I plan to post updates along the way. Process so far (some already mentioned in@TYOGaijin posts) 1) Trying to find out if you qualify for DCF by contacting the embassy yielded no results for us so best that you don't waste your time (and I spent quite a bit of time here) doing that. If you qualify for any of the exceptional circumstances (can't paste the link for some reason but it's on the USCIS website), go straight to the next point. 2) We received the following information from the U.S. Visa Service Desk after a few back and forths asking for advice whether we qualified but long story short, they won't say anything until you do the following ------ extract begin ----- In order for us to consider your case for direct filing, please provide the following information to TOKYOIV@state.gov. (Please kindly type them in the same order as below.) • Name of Petitioner (you), Date and Place of Birth • Name of Beneficiary (your relative), Date and Place of Birth • Name of Child, Date and Place of Birth (if NOT US citizen): • Date you became aware of a transfer or other emergency situations • Has a petition previously been filed on behalf of the beneficiary? • Please describe the emergency situations • Petitioner’s expected departure date • Proof of petitioner’s physical presence in consular district – Please provide a scanned pdf copy of your resident permit, employment or school ID. • Job relocation order or job offer letter- Please provide a scanned pdf copy • Proof of petitioner's US citizenship- Please provide a scanned pdf copy • Copy of adoption decree or family register with its English translation -Please provide a scanned pdf copy ------ extract end ----- For info, my husband's relocation date is May 1 and we sent an email with the above info on Feb 2. 3) We received a reply within 24 hours with a petition appointment at the embassy with details on what to bring and are now a few days away from that appointment Top tips so far: A) Get civil documents translated as soon as possible as some companies take awhile and it may take some time getting a few quotes to compare prices. (The company I used was much quicker and cheaper than others. Not sure if I should be promoting any specific company so please PM me if you'd like to know.) B) Fill in I-130 and all other application forms like I-130A, I-864 and get the accompanying IRS tax transcript as soon as possible. Some of those forms take quite a long time to fill in so don't wait until step 2 or even step 1 to do it *FYI but for step 2, I'm fluent in Japanese and English so I was able to translate the marriage certificate on my own and apparently that sufficed so if you're able to do the translation, at least for step 2, it might be worth proceeding ahead with your own translation if you don't have time to wait around for the professionally translated copy That's all for now! Will share more after the I-130 petition appointment at the embassy (which by the way is just for the petitioner and not the beneficiary). Cheers!
  7. What Is DCF? Direct Consular Filing (DCF) is the unofficial term for filing an I-130 petition via a Consulate overseas, rather than through the US Service Center. While not everyone will qualify to do so, this process can expedite the speed in which a beneficiary can enter the United States and become a Green Card Holder (US Permanent Resident). 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 of health and safety, and cases determined to be in the national interest can be processed without the residency requirement being met. Examples of family emergencies include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas. Note: There may be a few rare cases where a non-resident US Citizen overseas may be able use the DCF procedure. For more information please visit the DCF Forums Section. Finding Information on DCF at your Consulate Visit the US Department of State website to find your consulate. Once at their homepage you should visit the Immigrant Visa (IV) section to look for information on direct filing of an I-130 (DCF). Contact the Consulate via phone and confirm what you are wanting to do with them. Many consulates have different procedures for DCF so you will want to be sure that you confirm any details with them. Keep your questions very clear and fully describe your case. If you are engaged and not yet married contact the Consulate prior to getting married to see if they can send you instructions in the mail (or refer you to them on their website). Often you can begin to collect information or complete certain required actions (such as a medical) in advance of being married. Only the consulate can confirm this so make sure to ask if this is possible. Regardless of your case, if you qualify, ask the consulate what documents are required and can be collected in advance. This will save you a lot of time when you are ready to file. Examples of things you might collect in advance are: birth certificates, previous divorce documents, medical records, etc.. Important Note: A US Citizen living overseas that wishes to complete the I-864, Affidavit of Support, for their spouse (as part of the DCF process to get an Immigrant Visa) will be required to have U.S. domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864. In addition to having a US domicile/reestablishing domicile the US Citizen must either have employment that will continue (from the same source) when they move/return to the US, or, per the instructions on the I-864, the US Citizen and their spouse may use assets to qualify if the income requirement is not met. In many cases however a couple may need to get a joint sponsor to successfully fulfill the requirements on the I-864. How long does the DCF Process Take Every consulate is different however in many cases the processing time frame can be measured in weeks. For consulates with a higher case load or instance of fraud the processing time could be months. Regardless, DCF will almost always be faster than filing with the USCIS in the US. Additionally when you enter the US your spouse will immediately become a Legal Permanent Resident (LPR) and their Green Card will be mailed to them shortly after arriving. Finding other DCF VisaJourney Members Sometimes it is nice to find other couples going through the same Journey. You can find a list of other DCF VJ members here. You can also visit the Direct Consular Filing Forums to discuss DCF and other related topics. Typical DCF Procedure 1. You (and your spouse) will visit the US consulate to file your I-130 and required documents. Some consulates will accept the petition and supporting evidence via mail. Please confirm this via the consulate's website (or on the phone if possible). The following thread on the forums contains example cover letters for I-130 and visa applications: DCF Cover Letter Thread. 2- The I-130 will be adjudicated and either approved or denied. If it is approved the foreign spouse may apply for an IR-1 or CR-1 Visa (Immigrant Visa). 3- The foreign spouse will be required to submit a DS-230 Part 1 (visa application) as well as several required items on a checklist that the consulate will provide. The checklist will include items such as a Police Certificate, Birth Certificate, Previous Divorce Records, an Affidavit of Support (Form I-864), and others. Note: As suggested above, if you had spoken with the consulate early on you may have already collected certain required documents. If you have them with you when filing for the Immigrant Visa you may be able to submit them with the visa application and thus expedite the processing of your case. As a general note, submit photocopies of all original documents unless otherwise directed by the Consular staff. Be sure to bring originals when visiting the consulate in case they need to see them. Remember that you must sign all documents in ink. Pay attention to certain documents that ask you NOT to sign until witnessed by a consulate officer! 4- The US Citizen's spouse will have their Immigrant Visa Interview. The US Citizen Spouse does NOT have to be present at the final interview. Once all paperwork and background checks are complete and assuming the interview goes well, the Immigrant Visa will be issued and attached inside the beneficiaries passport. The time delay from the interview to the visa being issued is typically a few days. Immigrant Visas are typically valid for six months and can in some cases be extended (you must request this in advance of the visa expiration and receive approval by the embassy -- do not assume this is possible unless confirmed by the consulate). The first entry into the US must be made before the expiration date on the Visa. This is very important. 5- The foreign spouse can now legally enter the US. At the Port of Entry they will have their Visa/Passport stamped indicating their legal status in the US. Their status is now that of a US Legal Permanent Resident. Within a few weeks an official Permanent Residence Card (Green Card) will arrive in the mail. Additionally, if on the visa application DS-230 II you applied for the Social Security number your Social Security Card will be mailed to you within a month of entering the US. If you did not apply for the SSN on your visa application you can visit your local Social Security Agency to apply for one. Make sure to being your passport/Visa and Green Card if you have received it. Note: Make sure to read the Welcome to the United States: A Guide for New Immigrants document by the USCIS. This document explains your rights as a Legal Permanent Resident. It explains your right to work legally within the US as well as travel in and out of the country with your Green Card.
  8. The U.S. State Department has provided guidance to U.S. citizens who are eligible to locally file Form I-130 petitions for Afghan, Ethiopian and Ukrainian immediate relatives. Key Points: U.S. citizens who are physically present overseas with their Afghan, Ethiopian or Ukrainian immediate family members and have not filed an immigrant visa petition with U.S. Citizenship and Immigration Services (USCIS) can request to file a Form I-130 petition locally at the closest U.S. embassy or consulate that is currently processing immigrant visas. Read more here: https://www.bal.com/bal-news/united-states-state-department-provides-guidance-to-u-s-citizens-locally-filing-form-i-130-petitions-for-certain-immediate-relatives/
  9. Hi Friends, I (USC) am sponsoring my Husband. However, I have lived in the UK for a few years and have not been employed (thus no tax returns 😦). We have no 'Joint Sponsor" state side. He does earn above the threshold in the UK, and his employer has agreed to let him move his Job to the US, meaning it'll be : Same Company (potentially) different Job title Salary will be >100k (family of 5) I've read contradictory information about weather this will suffice and I'm quite concerned now. I've heard that income needs to be state-side I've read that we need tax returns to qualify I've read that not filing tax, means I may not have "established domicile" Will this suffice? or do we need to hold out until we have a "Joint Sponsor"? Interview is supposed to be soon (days) so thoughts most welcome. Thanks! Wonder
  10. I have been working abroad for the past few years and I have never established domicile in the US besides visits and filing taxes. I got a job offer that required me to move to the US in early March and I have already moved early this month without my spouse. We did not know about Direct Consular Filing before moving. We were planning file directly to the USCIS after having all our documents ready. Is it still possible for me still to file DCF now as I have already had to relocate due to a this new job opportunity?
  11. Hey guys, we can go the DCF route through Frankfurt. We got a checklist for the I-130 petition. It says to send only copies and not originals, do these copies have to be certified? Thank you 🌸
  12. On DCF eligibility, one of the conditions states; 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. Could anyone elaborate on this? I am trying to understand how it is interpreted and what can be a potential case of this?
  13. My wife is a Russian citizen who came to America on a K1 in 2011 and stayed until just before her AOS. She moved back to Russia due to family issues and did not overstay her visa. I am an American and we have two children who are dual citizens. The Russian government forced the US embassy to effectively close and they don’t have any visa or US Citizen services active. My question is this, if we file for a spousal visa is it possible to do DCF through whichever embassy is handling services for the American embassy in Russia due to the de facto closure? It is most likely the Warsaw Poland US embassy as they already handle SSA services.
  14. I'm an Italian citizen and my wife is an American citizen. I'm in the process of applying for the CR1 visa through the consulate in Naples, Italy. Our I-130 was approved earlier this month and now I'm in the process of filling out the DS-260 and obtaining the required documents. I have a question regarding the birth certificate requirements. On the "Instructions for Immigrant Visa Applicants" it says that I need to obtain the birth certificate of "each person named in the application." Does anyone happen to know if this includes the birth certificates of my parents (since I am asked to provide their information in the "family" section of the DS-260)? Thank you!
  15. 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
  16. Hi everyone! I'm an 27F American-born citizen who has been living in Peru for over 5 years. I recently got engaged to my Peruvian fiancé (30M) this year after 6 years together, and we're looking to move to the U.S. I've heard that because of the pandemic it's now most likely easier to get married in Peru and do a CR1 visa than it would be to do a K1. In addition, I understand that with a K1 visa he would have to wait for an EAD in order to work here in the US, but that would leave him with a resume gap while waiting to look for another job. I'm currently a legal resident of Peru under a work visa and can get my documents sent to me in order to get married there legally and start the process. But, I would definitely need a joint sponsor to help with the AOS as my only income is foreign-based and wouldn't transfer back to the States. What evidence would I need to provide to DCF and show that we're intending on moving to the US?
  17. We're getting documents together for my wife's visa interview, and it says online that she needs a birth certificate for every family member (including me, her spouse) even if they are not immigrating with her. I, however, and the US citizen petitioner for her case. And the DoS website seems to say you need birth certificates for each family member immigrating. I don't think we can get my birth certificate shipped to her in time for the interview because it's quite soon. Any advice on whether it'll be needed?
  18. I am a US Citizen and my husband is a UK Citizen. We both live and work in Canada. I recently got a job offer in California, with a start date in 5 weeks. Based on Chapter 3 - Filing of the USCIS Policy Manual, I qualify for exceptional circumstances because I, the US Citizen, have received a job offer in the US with short notice for starting, and my spouse and I both live abroad. However, I've read a few things about Canada being strict and only completing expedited processing for emergencies. What's considered an emergency? On paper, my partner should be able to apply for PR through DCF, but I don't know enough about the process to know if it will be accepted. If it is limited to extreme cases, is that just because of COVID? Have they resumed DCF for everyone that qualifies? Any advice?
  19. Hello all, My wife (U.S. citizen) and I (German citizen) live in Germany and my wife works for her U.S.-based employer remotely. We haven't started the green card process yet. We are about to send in the I-130 package. We were thinking of doing DCF at the Frankfurt consulate to speed up the green card process. We would ask my wife's employer to draft a letter stating that she needs to come back to U.S. within the next couple of months. Does anyone know how much time you can currently save with DCF in Frankfurt compared to USCIS with the I-130? Would that usually be proof enough to get approved for DCF? Does the USCIS actually contact the employer to confirm? I would really appreciate any info you have!
  20. Hello all, I recently submitted all of the required paperwork for my spouse's I-130 o the NVC. I am leaving Japan at the end of August and I am worried my wife may not have her visa by then. Should/ can I ask for a direct consular filing now that I have an offer letter from my company and a hard date? JFYI I submitted the remainder of my paperwork in late June.
  21. We are stuck and need advice: American and Italian, both living in the Netherlands. Got a job offer in the US and has to relocate in 3 weeks. Considering the current situation (covid travel ban and delays in processing visas), is it better to get married in the Netherlands and apply for Spouse Visa with exceptional circumstances DCF or file the K-1 Fiance Visa? We cannot understand if k1 visas are being processed, but at the same time we worry that the DCF won't be accepted because of such a sudden wedding.
  22. Hi, I was just wondering if there is anyone out there who has filed their i130 direct with the London US embassy in 2021? Most thread seem to be for people who filed in 2020 just before the general DCF closed/ at the start of the pandemic. My USC husband filed last Friday and they were happy to approve our request to file under exceptional circumstances (short notice of job relocation) and I am just wanting to connect with anyone who is in a similar boat waiting to hear back or if anyone who has filed earlier this year and has a success story to share!
  23. Hello, I am looking for some input to our situation, which is: I initially entered the US, got married on the K-1 visa ( didn't get to apply for adjustment of status and etc) I was in the US for 4 years, we had 2 children in the last 2 years there, my husband retired from the Army, and since my RO passport was expiring, we decided to see if moving to Romania was a better lifestyle change for us. But fast forward, my husband hates it here and he’s been wanting to go back for a while now. Our oldest son is 5 years old now , so he needs to start school this year too, which makes it all so much more frustrating. My husband has been trying to get a hold of the US embassy here, but they never picked up the phone. My husband( and me) wants to move back, get a house and put the kids in school. I know Romania’s Embassy doesn't have a DCF, so all this ordeal has to be filed under special circumstances, but they don’t specifically say anything about children issues in their list of “ dire circumstances” to file for DCF. Would it be safe to try and go this route since our son needs to be in school this fall, or we need to make another plan? The CR-1 route sends us to DCF, since we are both in Romania along with our children. I am trying to get as much insight possible since my husband just gets bummed out every time he thinks about the whole process. Thank you,
  24. I'm planning to apply for I-130 through DCF for my wife from India. - I have been residing here for over the past 6 months and am a USC. - I have received a job offer from the US and would like to go there asap along with my wife, and would like to apply for the green card for her at the consulate in Mumbai. - I understand that I need permission from the consulate in order to be able to apply at the consulate. I'm planning to attach my job offer letter in my email requesting for consular processing. Do I need to include any other documents? Thanks in advance, s
  25. Hi everyone - I was wondering if anyone had any experiences with obtaining permission to file locally (I.e. at a local consulate) under the ‘exceptional circumstances’ route? For background, my spouse (the I-130 petitioner) was just about to mail the I-130 package to the US to start the ‘normal’ process, when her company (at short notice) brought forward her transfer timeline. They now need her to move “ASAP” which leaves us a bit high and dry (among other things, her accommodation allowance is currently paying for our apartment; when this gets removed once she heads back to the US I’m going to struggle to cover the rent by myself). We were planning to request permission from the local US consulate here in Hong Kong to file locally since my spouse is having a change of employment at (very) short notice. Does anyone have any tips on how to set out this request (I believe we email the consulate here through a web-form) in order to give us the best possible chance of having this approved? We were planning on mentioning the financial impact of the loss of the accommodation allowance, for example. We will also attach the letter from my wife’s company ‘proving’ the transfer of her employment back to the US; at the moment it simply reads that they anticipate her moving date to be “as soon as possible once all necessary administrative and logistical steps have been completed” - is this sufficient, or should we ask for a ‘set’ date to be included in a revised letter from her HR team? (It actually took us a while to get this letter from them since they were initially reluctant to put it in writing for some reason, but I only mention that as it might mean receiving a more ‘precise’ letter might take some time, for some internal company reason which is beyond my understanding). Realistically, she could be moved as soon as July, or maybe August/September depending on whether she tries to push back or not etc. Any tips of thoughts would be greatly appreciated, and thanks a lot in advance!
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