Pros and Cons of DCF/Aff of Support

[mynameisCat 0]

Hello all. I've read the guides, and am happy to find so much information on the DCF, which widens our possibilities out a fair amount.

Basically, we have a choice at this point about where to get married and when. We had been thinking of marrying in the US (I'm the USC) or UK (he's the UKC), then doing the normal filing and so forth while living in one or the other country. I'd never even heard of the DCF, so now with this info from here at VJ (yay, VJ!), we've added the possible option of marrying in whatever country, living in the EU somewhere for at least the minimum required for me to do whatever needs doing in that country to be a resident, then file a DCF, staying resident wherever we are for however long the visa takes, then move to the US for a while. Then we'll do whatever it takes for me to become a legal resident of the UK, because we'd like to maintain a (small) household in both countries for a lot of different reasons.

First off, it seems to me that there's very few cons for us in regards to a DCF. (This is assuming that we find an EU country with a consulate that allows visa filing and that has marriage requirements we can meet.) Am I just missing something? It's the same exact process as filing the other way, but faster, yes, albeit in another country than the US, and without us having to be separated for a length of time? Have I got that right? Are there cons not listed on the guide in regards to a DCF?

Second, I have a question re: the Affidavit of Support. His company is on-line, and he can work at it from anywhere he has an internet connection. For the last year and a half, I've lived partially off savings but mainly from his support. The domicile shouldn't be a problem, but if we're married and have been married for six months or more before filing for the visa, can we use his earnings on the Affidavit?

The info found on the guide:

The foreign fiance's income can NOT be counted on either affidavit (except when the foreign fiance has been

living with the fiance, married, and in the US for six months), however the foreign fiance's assets CAN be used if

they are readily convertible into cash. The USCIS is concerned ONLY about the US fiance's income/assets. (Note

that in other situations the foreign spouse's income MAY be counted on I-864 affidavit, such as foreigner in U.S.

on work or student visa who marries and then files for adjustment of status. IF the foreign spouse has LIVED IN

THE HOUSEHOLD of the U.S. spouse for at least 6 months, then his/her income CAN be counted. There are

NO situations involving fiance visa in which foreign spouse's income can be counted, as far as I know, when

interviewing for the fiance visa or when filing adjustment of status within 6 months of arrival in the US.)

says that if he has lived in my household for at least six months, his income could be counted; does that mean that if I have lived in HIS household for at least six months after our marriage, his income can be counted on the affidavit, since I, the USC, have been supported by him? Or do we need to find a sponsor? My savings and his would likely cover anyway, but we should start lining up a sponsor now just in case, if one is needed.

Thanks in advance for any comments and information!

Cat

[Penguin_ie 5,993]

The con to DCF, for many people, is having to live outside the USA for at least 6 months- many USCs cannot do that due to job or family commitments, or simply do not want to. Other than that, it is great I believe getting a visa to get married and live int he UK would be relatively easy for you, but the memebrs of the UK regional forum will be able to help more.

You are correct in the Affidavit of support question as well- as long as your husband can show proof that his earnings will continue when in the USA, this can be counted. I will loose my main income as a customer service manager, but have a side income as a freelance writer of a regular monthly column for a magazine, and a letter from the magazine, letterheaded paper of course, was accepted b y the consulate no problem. If it is not enough to meet the poverty guidelines, you can also go by assets, such as your savings, a house you might own etc.

[trailmix 77]

Hi Cat,

I agree with what Penguin has said and in fact that information is on the I-864 (page 2). I'd be interested to know where you got the info you posted above, is that a guide on VJ? I will go and have a look, I personally find that information confusing at best, especially when the words 'fiance' and 'spouse' are used interchangeably.

What If I Cannot Meet the Income Requirements? (excerpt):

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

[mynameisCat 0]

I believe getting a visa to get married and live in the UK would be relatively easy for you

Once his divorce is finalized, it might very well be! So we're a few months out, with time to plan our strategy and gather up paperwork, thank goodness. (We're just going to find a registry office or whatever, I think -- no fuss sounds best at our ages!) Thanks Penguin and Trailmix for the helpful replies! (Penguin, your twins are just the cutest little things! How adorable can kids be?

We're going to look around and see if we can find a place to get married where it won't cost us an arm and a leg to change status, and etc. before deciding on where to marry. We've been living outside the US now for about 1.5 years, and I don't suppose another year or so of it is going to kill us.

Trailmix, yes, that quote was from one of the guides, thanks very much for the clearer statement from the form. It's at: http://www.visajourney.com/forums/index.ph...mp;page=support

Oh, one more thought -- even though I'm establishing residency outside of the US to qualify for the DCF, I still need a domicile in the US to file anyway, though, right? (Thankfully, that would be the least of our problems!)

[Penguin_ie 5,993]

Oh, one more thought -- even though I'm establishing residency outside of the US to qualify for the DCF, I still need a domicile in the US to file anyway, though, right? (Thankfully, that would be the least of our problems!)

You need to either have a domicile (by having valid drivers liscence, US bank account, a US property- many embassies will take a simple mailing address, such as a letter addressed to you at a relatives house), OR need to show serious intent to re-establish domicile, such as applying for jobs, being in contact with letting agencies about renting a property etc.

My twins are indeed exceedingly cute, even if I do say so myself! Sorry for the typos, I usually surf the web while I nurse them...

[mynameisCat 0]

Score, thanks Penguin, no probs there, then! yay!