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DFC possible if H1B approved?

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Filed: Country: United Kingdom
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Hi --

I married my British husband four years ago, and we live in Singapore. He's just been hired by a US university and has been sponsored for an H1B. The H1B should be approved in the next couple of weeks, and we plan to leave for the US in three months.

My question is: since by all accounts a DCF is much easier and faster than filing in the US (the Singapore embassy seems especially efficient), should we try to apply here before we leave? What happens if we apply by are not interviewed/ approved before we have to relocate? Can they just shift our file to our USCIS bureau, or will we denied or in trouble for leaving?

Thanks for your advice!

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Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline
Hi --

I married my British husband four years ago, and we live in Singapore. He's just been hired by a US university and has been sponsored for an H1B. The H1B should be approved in the next couple of weeks, and we plan to leave for the US in three months.

My question is: since by all accounts a DCF is much easier and faster than filing in the US (the Singapore embassy seems especially efficient), should we try to apply here before we leave? What happens if we apply by are not interviewed/ approved before we have to relocate? Can they just shift our file to our USCIS bureau, or will we denied or in trouble for leaving?

Thanks for your advice!

Are you the USC? Do you have work visa in Singapore? Do you meet the "sponsor" requirement or can get a co-sponsor if you don't?

By all mean, find out the DCF options with the US embassy in Singapore, it's a much faster way than dealing with USCIS. If you decide to do DCF, your husband won't need H1B.

Leah

USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

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Filed: Country: United Kingdom
Timeline

Hi again -- Yes, I am a US citizen. Am currently a stay at home mother. We should have more than enough assets in the US to meet the sponsor requirement, (I think it's $17,000 per year per person, no?), but if there's a problem, my parents would happily co-sponsor.

We were told by the university visa experts to go for the H1B first, as there is no limit on university-sponsored H1Bs. The university pays a fee to expedite the application, so it usually goes through more quickly than a spouse application.

I haven't seen any info about DCF where the sponsor and the spouse legally move to the US before the I-130/ green card comes through (except the K-3, which the university said might take too long). I'm worried that we'll apply here in Singapore and not get an interview, etc. and decision before my husband starts his new job in the US. Would that be a big problem?

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Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline
Sorry -- forgot to mention that we should qualify for DCF at the embassy here, as my husband has had a Singapore employment pass and I have had a dependent's pass for the past three years.

Yes, H1B is fast. You have the option of going through status adjustment (AOS) once he is in the US. But, dealing with inefficient USCIS is a headache, many of us here can testify that. :-)

So if you can sort out the greencard before you guys move back to the US or before your husband starts his job, it would be really helpful. Contact the US embassy in Singapore, see whether it's possible to get the whole DCF done before your departure. You need to factor in the time for your husband to get all the police reports at wherever he has lived for more than 6 months since he is 16!

HTH,

Leah

USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

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Hi --

I married my British husband four years ago, and we live in Singapore. He's just been hired by a US university and has been sponsored for an H1B. The H1B should be approved in the next couple of weeks, and we plan to leave for the US in three months.

My question is: since by all accounts a DCF is much easier and faster than filing in the US (the Singapore embassy seems especially efficient), should we try to apply here before we leave? What happens if we apply by are not interviewed/ approved before we have to relocate? Can they just shift our file to our USCIS bureau, or will we denied or in trouble for leaving?

Thanks for your advice!

If H1B requires adjustment of status after arriving in the US (which it sounds like it does, I am just not familiar with the process), then doing DCF would give you guys a huge advantage. DCF will get your husband an immigrant visa, which means he would be a permanent resident upon arrival in the US and able to work for any US employer. Adjustment status costs about another $1,000 and can be a complete pain in the butt.

If I were in your position, I would attempt to do DCF asap especially since you have enough assets in the US to easily cover the requirements for the I-864. Is it just you and your husband? Do you have any dependents, even ones who do no live with you? If it is just the two of you, you need to show roughly $53,000 USD in assets. Assets have to be cash or something that can be turned into cash within a year.

If you leave before finishing DCF, you would not be able to transfer it to your USCIS service center. You would also not be in any trouble though - you would just need to notify the embassy. But you would also not get any of your money back that you had already spent on filing the I-130. Still, I would go for the DCF if you have at least three months left in Singapore. I would file the I-130 asap and then right away do what you need to do to obtain the relevant police reports for your husband - the UK doesn't take as long as it used to I believe, but it still takes a while. He will need one from every country he's lived in for more than 6 months after he was 16. Good luck! :)

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US Immigration Timeline

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24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline
Thanks! Will he need a police report for the US, or does USCIS do that? If he does need US reports, can they be local police or FBI? He lived in two US cities as a student.

Sorry, I should have mentioned except for US. He doesn't need any police report for US, only outside of US. When he goes through the greencard process, they will do the name check or background check, whatever it's called.

You might be already be aware that "police reports" are called different things in different countries. i.e. in Malaysia it's called "good conduct certificate" and it doesn't come from the police. :-)

HTH,

Leah

USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

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Share on other sites

Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline
Thanks! Will he need a police report for the US, or does USCIS do that? If he does need US reports, can they be local police or FBI? He lived in two US cities as a student.

Sorry, I should have mentioned except for US. He doesn't need any police report for US, only outside of US. When he goes through the green card process, they will do the name check or background check, whatever it's called.

You might be already be aware that "police reports" are called different things in different countries. i.e. in Malaysia it's called "good conduct certificate" and it doesn't come from the police. :-)

HTH,

Leah

USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

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