Drop K1 and go for DCF

[ppboo 0]

I check with my consular yesterday if the Embassy in Malaysia could help us to file I-130 for my USC fiancé who is not resident of Malaysia?

He told me he will need to check further. He then called me back and told me yes the embassy can do the I-130 for us after we marriage and submitting additional documents (I-130, I-864, Marriage certificate)

My question is... my K1 is pending for issuance, my K1 interview have approved on 11 May… case was hold back due to new law…IMBRA… we have no idea how long USCIS will hold all the case petition after 6 Mar 2006.

My concern is that, if we would to file I-130, we would need to abandon my K1 due to the fact that we need to get marriage in order to file for I-130 with the embassy… K1 is only for fiance status.

Anyone have any suggestion or idea to this situation?

Thank you.

[Candace 2]

...My concern is that, if we would to file I-130, we would need to abandon my K1 due to the fact that we need to get marriage in order to file for I-130 with the embassy… K1 is only for fiance status.

Yes.

I read your post and timeline as you've been approved, you are just waiting on the Visa, is that correct? Did they give you any idea of how long it would be before you got the Visa?

If you've been through the paperwork, interview and fees already, I'd be inclined to hold out, and on top of that would there not be the same hold up on filing DCF as there is on your K1 Visa?

Good luck

~Candace

[ppboo 0]

There is no answer until today... no one know when is the USCIS will start moving again... the new LAW is impacting everyone apply for K1 after 6 Mar...

You may take a look on this topic:

http://www.visajourney.com/forums/index.php?showtopic=13584

I looking for the places that have easier way and least time to conduct the Marriage registration and proceed with DCF...

And, yes, I agreed that there are no hard and fast guarantees this will work better than K1, but at this point this is the only option that show me the things will move and I know where I'm heading to...

Is a difficult decision to make... but not knowing what to do is killing me...

[TracyTN 237]

Looking at your timeline, no way would I come as far as you have only to say 'I give up, may I start all over please?'

[ppboo 0]

I'm just stuck.... I wish to do something to move on with my life... something that will bring me to my fiancé in the US....

The standard for the I-130 might took about two weeks after having all the required document such as Police Certificate, Medial, as per my consular I already have those...what additional we need is I-130 Form, I-864, Marriage Certificate...

To obtain the marriage cert will took about 2 to 3 week locally plus another 2 week (maybe) it will be around 1 + month to get my Immigrant VISA... would that be a better option?

Of course, during the process, K1 might alive again, as long as I'm marriage, I will no longer entitle for K1 anymore...

Wendy

[aussiewench 9]

Wendy

Wait just a week or two at least until after the 6 June. I know you read what I posted in the IMBRA thread. Those who's petitions had already reached the embassy are sure to be the first off the rank. Vermont is also very fast in approving petitions and they will get through this relatively quick if past preformance is anything to go by.

Lorelle

Edited June 1, 2006 by aussiewench

[meauxna 15]

Of course, during the process, K1 might alive again, as long as I'm marriage, I will no longer entitle for K1 anymore...

Only you can make the decision on this. Once you marry, there is no going back---the K-1 will be invalid.

Did you check with the consulate about doing DCF even though you have an approved k-1? They may not take the case when they know all of your details?

[ppboo 0]

Thanks aussiewench for the information and good news.... And Yes, I will wait for another week until after 6 June... hopefully thing will get moving again for everyone..

Thank you so much....

Wendy

[Miwa 0]

Bad part of the DCF is that you would have to get married in Malaysia. From what I checked out earlier (http://www.jpn.gov.my/), your fiance would need to be in Malaysia for a continuous period of 14 days if you obtain the special licence to get married. This was something that my fiance was unable to do. You may wish to take this into consideration and there's a possibility that you may still get stuck with IMBRA if you go the DCF route.

Good luck! My process (since I went through CSC) took around 9 months!

Regards,

Miwa's wife

[ppboo 0]

My fiance is flying over to Malaysia on 25 Jun, we plan to marry in Malaysia and filing for DCF... he will be here for 3 to 4 weeks.. It is costly on to get unpaid leaves for him... we just wanted to move on with our life...

And yes, the process of marriage is complicated in Malaysia, we are still trying to find a way to reduce the wait time...

[Anyta Holland 1]

Doesn't your fiance need to be present in Malaysia to be able to DCF? Like for more than 4 weeks?

[ppboo 0]

We have check with the Consular, depend from case to case basis, different embassy have different procedure, for our case, my fiancé need to bring along all the necessary documents and present in person for the I-130 submission, he don't need to attend the interview together with me.

[Anyta Holland 1]

Yeah, that's true that the citizen doesn't need to attend the interview... But for example in the UK the USC needs to be living in the UK for X amounts of years to be able to apply for DCF.

[meauxna 15]

By way of clarification for future readers...

Each country has different 'residency' requirements of the USC to allow filing abroad. This can range from 'being in the country' (Australia and others) to six months, one year or even two years. Sometimes there is a specific visa type the USC must hold (FM-2 or FM-3 in Mexico). This is why it is so important to first look at the residency requirements for the country you're interested in and find out what THAT Consulate requires so you can file with them.

Info on what to find out and where to find it are in the DCF Guide.

http://www.visajourney.com/forums/index.ph...custom&page=dcf

[Anyta Holland 1]

By way of clarification for future readers...

Each country has different 'residency' requirements of the USC to allow filing abroad. This can range from 'being in the country' (Australia and others) to six months, one year or even two years. Sometimes there is a specific visa type the USC must hold (FM-2 or FM-3 in Mexico). This is why it is so important to first look at the residency requirements for the country you're interested in and find out what THAT Consulate requires so you can file with them.

Info on what to find out and where to find it are in the DCF Guide.

http://www.visajourney.com/forums/index.ph...custom&page=dcf

Thank you very much! That's what I have been trying to get to!