CR-I or Direct Consulate Filing from Panama? Advice PLEASE?

[Melissa Lynn 0]

I am confused about whether or not I should proceed with filing the CR-I, or if I should do Direct Consulate Filing here from Panama?

I am married and my husband, Jorge, is a doctor here in Panama. He has a 10 Year Tourist Visa to the United States (issued in 2005), and we are hoping that after getting his Visa, he can pass the USMLE Boards and do his medical residency in the United States. I am an ex-Peace Corps volunteer living in Panama, and am currently working as an independent contractor here in Panama (meaning that I don't have a work visa yet, and am working due to a loophole in the law). We've been married for a whole *two weeks* now (on Feb. 4th, yay!), and we are planning to return to the United States in approximately June of 2010.

Here's where I get confused:

In order for me to file CR-I for him, I should be living in the United States, in order to work? However, I am also currently enrolled in a Master's Degree program here in Panama (for Marketing), and frankly, I probably couldn't get a job in the States right now without this degree, which won't be done until May of 2010. So clearly I don't have a job in the United States (except ChaCha).

If I understand correctly, I am also not eligible to file for residency in Panama until 2 years after the marriage (which would put us at February 2011). As much as I *love* this country, I also know that Jorge and I are very anxious to get to the States to begin our new life. So that means that if I can't file immediately for residency in Panama, I can't do Direct Consulate Filing, right?

I feel like we are in between a rock and a hard place, and should have just waited to get married in the states and filed for a K-1, but what's done is done and I can't be happier to be married. I just want to be able to bring him to the States and feel like, at this moment, we have *no* options. Advice PLEASE?

[YuAndDan 153]

DCF requires a couple of things of the US Citizen.

1) US citizen needs to be living in the foreign country on a resident visa for at least 6 months before filing I-130.

2) US citizen needs to maintain US domicile.

DCF IS the way to go if you can, it is processed faster that the other options (Filing to USCIS in the USA). And is the least expensive of the options.

US citizen does not need to have a job in the USA, but may need to show how will provide support after entry to the USA. In most DCF cases the US citizen gets a Joint sponsor that is living and working in the USA.

Moving this to DCF forum.

[Melissa Lynn 0]

DCF requires a couple of things of the US Citizen.

1) US citizen needs to be living in the foreign country on a resident visa for at least 6 months before filing I-130.

2) US citizen needs to maintain US domicile.

DCF IS the way to go if you can, it is processed faster that the other options (Filing to USCIS in the USA). And is the least expensive of the options.

US citizen does not need to have a job in the USA, but may need to show how will provide support after entry to the USA. In most DCF cases the US citizen gets a Joint sponsor that is living and working in the USA.

Moving this to DCF forum.

This, unfortunately, doesn't solve the problem that I am not eligible for Panamanian residency for another two years, and would have to wait six months after that in order to be eligible to file a DCF. We want to be able to begin the process ASAP.

[YuAndDan 153]

DCF requires a couple of things of the US Citizen.

1) US citizen needs to be living in the foreign country on a resident visa for at least 6 months before filing I-130.

2) US citizen needs to maintain US domicile.

DCF IS the way to go if you can, it is processed faster that the other options (Filing to USCIS in the USA). And is the least expensive of the options.

US citizen does not need to have a job in the USA, but may need to show how will provide support after entry to the USA. In most DCF cases the US citizen gets a Joint sponsor that is living and working in the USA.

Moving this to DCF forum.

This, unfortunately, doesn't solve the problem that I am not eligible for Panamanian residency for another two years, and would have to wait six months after that in order to be eligible to file a DCF. We want to be able to begin the process ASAP.

Then file I-130 to USCIS in the USA (Chicago PO BOX).

Simply file I-130 for a CR-1 visa it has many benifits over the K-3. The CR-1 is work auth, the K-3 is NOT, the CR-1 gets green-card on entry to USA, K-3 needs to file an I-1485 after entry and pay $1010 to get a green-card.

US Domicile requirement still applies.

Edited February 17, 2009 by YuAndDan

[trailmix 77]

If I understand correctly, I am also not eligible to file for residency in Panama until 2 years after the marriage (which would put us at February 2011). As much as I *love* this country, I also know that Jorge and I are very anxious to get to the States to begin our new life. So that means that if I can't file immediately for residency in Panama, I can't do Direct Consulate Filing, right?

Direct Consular Filing may be an option for you. You need to check directly with the consulate for your area. Different consulates have different interpretations regarding residency. For example while you may not have a work visa and according to the law in Panama you are not technically a 'resident' that does not necessarily mean that you are not a resident for U.S. immigration purposes.

As for having to be in the U.S. working, no you don't have to be, however if you do not have assets that equal 125% of the poverty guidelines x 3 you will need a cosponsor.

Anyway, I would really recommend you contact the consulate directly to get a definitive answer. Good luck.