DCF still feasible if I-130 already filed in US?

[lsaguisag 0]

Hi all! Apologies if this query has already been answered. I tried searching the forum but the forum search was offline.

Anyway, I got married to my Filipina spouse back in the Philippines in September 2007 and filed her I-130 in preparation for her K-3 application in October of 2007. The filing was done in the US, with the CSC since I am based out of California. Due to the delay in processing times, I have yet to receive even the first acknowledgement receipt from the USCIS that they have received my I-130 filing.

Meanwhile, I am currently here in the Philippines with my spouse and will be here in the country until approximately the end of February (month and a half from now). I started reading about DCF and as far as I can tell it is available to me here in the Philippines. My question is, can I still try to avail of DCF even though I have started the process back in the US? Or would that cause her visa processing to get delayed even further? I was originally hoping to have my wife with me when I return to the US at the end of February and DCF looks to be the only way that could ever happen. I am worried about possibly causing further delays with her visa processing if I did it, though.

I really do not want to leave my spouse here and go back to the US by myself. Any feedback from anyone would be greatly appreciated! Thanks!

[YuAndDan 153]

There is a 6 month residency requirement in the US counselor district of the foreign country, but yes it is possible, but you will need to file a letter to USCIS requesting the first I-130 petition be withdrawn.

Personaly I would just stick to the I-130 and forget the I-129F for the K-3, you should have filed the I-129F long ago when you got I-130 NOA1 letter. By the time you try filing the I-129F the I-130 will be approved.

The I-130 will result in the CR-1 visa which is the better one, it has no adjustment of status, and allows work auth upon entry due to the instant green-card.

Edited January 15, 2008 by YuAndDan

[lsaguisag 0]

There is a 6 month residency requirement in the US counselor district of the foreign country, but yes it is possible, but you will need to file a letter to USCIS requesting the first I-130 petition be withdrawn.

Personaly I would just stick to the I-130 and forget the I-129F for the K-3, you should have filed the I-129F long ago when you got I-130 NOA1 letter. By the time you try filing the I-129F the I-130 will be approved.

The I-130 will result in the CR-1 visa which is the better one, it has no adjustment of status, and allows work auth upon entry due to the instant green-card.

Hi YuAndDan, thank you for your feedback.

My concern is that I have yet to receive the NOA1 letter acknowledging the initial filing of my wife's I-130. Due to the back up with the NVC, I filed the I-130 last October 2007 but have not yet received the NOA1 so I could not even file the I-129F yet for my wife's K-3.

My wife and I are willing to live with the adjustment of status and lack of work auth upon entry. We just do not want to be separated for an extended length of time, hence we are now looking into ways to get her to enter the US as soon as possible.

[Marlita 0]

Unless you have residency in the Philippines you cannot file the DCF. You must have 6 months of "proven" residency. It sounds like you mean USCIS, instead of NVC in your wording. From what I can tell you have not received the noa1 yet so you cannot possiby be at nvc yet. You could of filed the I129f at the same time you file your I130 but thats too late. I would stick with your current file if you don't have the 6 months residency. But with a CR1 visa I am expecting that you won't get a visa until a year after your filing at the rate the delays are going. Its up to you. K3 doesnt really seem to far ahead of this wait, I would check out the timelines in the K3 forum to see just how fast they are moving.

[lsaguisag 0]

Unless you have residency in the Philippines you cannot file the DCF. You must have 6 months of "proven" residency. It sounds like you mean USCIS, instead of NVC in your wording. From what I can tell you have not received the noa1 yet so you cannot possiby be at nvc yet. You could of filed the I129f at the same time you file your I130 but thats too late. I would stick with your current file if you don't have the 6 months residency. But with a CR1 visa I am expecting that you won't get a visa until a year after your filing at the rate the delays are going. Its up to you. K3 doesnt really seem to far ahead of this wait, I would check out the timelines in the K3 forum to see just how fast they are moving.

Hi Marlita, thanks for the feedback.

Ooops, you are correct. I meant USCIS. Sorry for the confusion.

The instructions I read for filing a K-3 was that I was to file the I-130, wait for NOA1 which would indicate where to file the I-129F for the K-3, then file the I-129F along with a copy of NOA1 with the service center that is indicated in the NOA1. Is this no longer the case? I was not aware that it was possible to file the I-129F along with the I-130.

Do you (or anyone else who could provide feedback on this matter) by any chance have any idea how one is supposed to "prove" residency?

[YuAndDan 153]

Unless you have residency in the Philippines you cannot file the DCF. You must have 6 months of "proven" residency. It sounds like you mean USCIS, instead of NVC in your wording. From what I can tell you have not received the noa1 yet so you cannot possiby be at nvc yet. You could of filed the I129f at the same time you file your I130 but thats too late. I would stick with your current file if you don't have the 6 months residency. But with a CR1 visa I am expecting that you won't get a visa until a year after your filing at the rate the delays are going. Its up to you. K3 doesnt really seem to far ahead of this wait, I would check out the timelines in the K3 forum to see just how fast they are moving.

Hi Marlita, thanks for the feedback.

Ooops, you are correct. I meant USCIS. Sorry for the confusion.

The instructions I read for filing a K-3 was that I was to file the I-130, wait for NOA1 which would indicate where to file the I-129F for the K-3, then file the I-129F along with a copy of NOA1 with the service center that is indicated in the NOA1. Is this no longer the case? I was not aware that it was possible to file the I-129F along with the I-130.

Do you (or anyone else who could provide feedback on this matter) by any chance have any idea how one is supposed to "prove" residency?

Having a visa to PI that allows residency and work. Much like the CR-1/IR-1 and other work visas do for the USA.

[lsaguisag 0]

Having a visa to PI that allows residency and work. Much like the CR-1/IR-1 and other work visas do for the USA.

I am a natural-born Filipino that migrated to the US, stayed and worked there as a legal permanent resident (green card), was naturalized, then subsequently re-acquired my Philippine citizenship. Hence, I have dual citizenship i.e. I have both a US and a Philippine passport. Not sure if that helps or not.

[Mohgli 0]

Having a visa to PI that allows residency and work. Much like the CR-1/IR-1 and other work visas do for the USA.

I am a natural-born Filipino that migrated to the US, stayed and worked there as a legal permanent resident (green card), was naturalized, then subsequently re-acquired my Philippine citizenship. Hence, I have dual citizenship i.e. I have both a US and a Philippine passport. Not sure if that helps or not.

if your check isn't cashed, do a stop payment on it this way the I130 wont be processed and u can explore DCF.

cheers

M

[AandLKC 1]

Guys,

If true that you need to meet the residency requirement for the country you filing DCF; but the SIX MONTH rule is not set in stone. The residency requirements are NOT the same for all countries; U.K it might be six months, Philippines it might be different; I know for India it is six months and it’s not being strictly enforced. For India you need to show FRRO certificate at the time of filing if you can get it in 4 moth stay you are still qualified to file DCF