DCF Residence Question

[cy81 0]

Hi,

First, I want to thank everyone for creating such a great community to share information on this complicated and sensitive process.

I am considering marrying a foreign national overseas. I have strong ties to her home country, and I will get a residence visa for that country from our marraige. However, to take advantage of DCF filing, many people say that I need to stay in that country with that status for at least 6 months. Are there many cases where six months isn't the requirement? On the embassy's website for this country, it states that many people are eligable to file if they have a long term visa. However, the general memo sent by the Department of State clearly states 6 months for all countries.

If I am not eligable to file using DCF for whatever reason, can I still mail the form to the US and have it adjudicated while I'm overseas? I will still have an address that will be active. Does the I-130 _ITSELF_ require an interview?

Thanks for your help.

[mynameisCat 0]

On the embassy's website for this country, it states that many people are eligable to file if they have a long term visa. However, the general memo sent by the Department of State clearly states 6 months for all countries.

I think in most cases, a long term visa is usually defined as six months or more. So not an issue, really.

If I am not eligable to file using DCF for whatever reason, can I still mail the form to the US and have it adjudicated while I'm overseas? I will still have an address that will be active. Does the I-130 _ITSELF_ require an interview?

More expert knowledge will correct me if I'm wrong, but I think that if you're not filing by DCF, you have to file for a IR1/CR1 or a K3. (The I-130 is part of that process, it is not replaced by them.) You can find out more at the VJ guides or the State Dept. website.

Another way to visit the State Dept. website to find out if you can file a DCF and what the exact procedure is, is to visit their listing of consulates/embassies, choose the country your fiancee lives in, and look at their Immigrant Visa information. It's something like click on Visas to the US>Immigrant Visas>Filing the I-130 in (insert appropriate consulate city here).

Remember the process is all on the American side, so it doesn't really matter what the website for her home country says -- it all depends on what the process is from the State Dept. side... I also believe (again, someone I hope will correct me if I'm wrong) that there is always an interview involved somewhere in the process!

Good luck!

Edited August 10, 2008 by mynameisCat

[cy81 0]

Thank you for your reply. The process for "bringing" an immigrant over on a green card (not K-1) after getting married involves filing an I-130 in the US. After it is approved, the USCIS sends the info to the embassy of the resident country in which case the IV applicant (my fiance) applies for a green card overseas and will attend her own interview. My question is:

Since the AOS and the IV application both require interviews, does the I-130 _SOLELY BY ITSELF_ require an interview from the petitioner? I could file the I-130 in the US and stay overseas with her until it is approved in which case she will go to an interview for her IV application once my I-130 is approved. I just don't know if ONLY filing the I-130 in the US will trigger an interview with me.

Thank you.

[Penguin_ie 5,992]

No, the petitioner doesn't get interviewed, though in some countries it can help if you show up with the beneficiary to their interview.

[mynameisCat 0]

No, filing a I-130 does not trigger an interview with the petitioner. A headache for the next few months to a year or so maybe, but not an interview.

[kaffy 2]

Depends on the country. In Australia the petitioner has to lodge the I-130 in person at their relevant Consulate

[valenbb 0]

Doing the DCF in China:

1. File the I-130 in person.

----> This will show if you have been living in the country for 6 months, and meet the requirements for CR/IR.

2. Generally speaking, the I-130 does not initiate an interview. It only assesses the relationship between you and the spouse.

----> However, if you file the petition in person, the officer that takes it, may ask some questions. It happened to me but really not an interview.