Which is quicker I-129F or I-130 DCF?

[meauxna 15]

hi girls!

Can I recommend that you read the DCF Guide here at vj? Blue tabs, top of every page.

Plus, some of your questions *you two* willl be the ones to answer! You'll likely be the first couples from here do use the new procedure. Not much will change, btw, (it will be more like the process described in the Guide) and I don't think you have to be worried about the outlying posts getting confused by what to do.

[Lunamel 0]

Hi alli

There's no time limit on how soon you can file after the wedding. The only thing is that you now need an official marriage certificate issued by the registrar in the state/country in which you get married, rather than the certificate you receive on the day. If you get married in California, you might want to check how long this will take before you organize flights and the appointment to file the I-130.

I'm intending to put together a summary of the new process to go on the Aussie DCF pinned thread, given the process has changed, but I'm buried in work at the moment. If someone else don't do it first, I'll try to do it sometime soon. Otherwise, hope you can find all the info you need in the threads. It should be a fairly speedy process for you, so good luck!

[CarolineM 0]

WE got married in Oz. It took about a month to get the proper certificate. If you go in person...which we did...obviously it's quicker Just a tidbit!

[michellek1976 0]

I'm even more confused now. We just received our IMBRA RFE.

Who knows how much time we would save??? I'm going to LA in 2 weeks - if we got married husband would come back here sometime August. Embassy told us minimum 2 months. Are we still likely to save time??!!

[meauxna 15]

I'm even more confused now. We just received our IMBRA RFE.

Who knows how much time we would save??? I'm going to LA in 2 weeks - if we got married husband would come back here sometime August. Embassy told us minimum 2 months. Are we still likely to save time??!!

michelle,

This 'saving time' you speak of..

Look at the bigger picture, for just a moment.

If you get married, bring him to Australia (how great to meet your family!) and file locally (DCF), when you return to the US, you will be a Permanent Resident from Day One.

That's the bag with all the goodies---you are 'done' for 2 years and are a full participant in American Life.

On a K-1, all it does is get you *to* the US. You then face a period of legal limbo (approved, but limbo all the same) while you apply to Adjust Status. The end result of Adjusting Status (AOS) is.. Permanent Resident status.

DCF allows you to shortcut a potential 2 year wait.

With either visa, you'll probably move to the US in October, maybe sooner with the DCF. If you go via DCF, you'll be done with USCIS for 2 years. (btw, I pulled those times out of my butt---just a wild guess. I personally think DCF will be faster even if you don't start til August)

It's not something you can plan to too fine a point.

[michellek1976 0]

Thanks Meauxna,

I guess we're kicking ourselves because we were in Sydney together in April. If only we'd known all this information then I could be on my way permanently and my daughter would be there to start the school year.

We just have a couple of concerns that are holding us back.

My fiance was over here for 2 weeks in April and his boss will not giving him anymore time off. So it would require resigning from his current job and we're worried it could impact on our Support documentation.

And my fiance has a blemish on his record which is affected by IMBRA. We're worried that quitting I-129F after receiving the RFE may look suspicious. I'm also worried that the Perth office may not be able to process the application because of this misdemeanor and will send it back to USCIS.

I do see that getting married and immediately having to apply for adjustment of status is going to be a rush and give me more stress.

We're so afraid of making the wrong decision! And we know, there are no guarantees.

[alli 0]

Michelle,

My fiance was also over here in April for 2 weeks, and can not get anymore time off work. We both have no desire to jeopardize his employment, so if he can't get a day or two off in August to fly to Melbourne and file, we can't take the DCF route.

I don't think IMBRA will affect the DCF though, as you will be already married. IMBRA from what I understand is there to protect women before the marriage takes place. They have no control over couples who have already done the deed.

His misdemeanor may be investigated, it may not (they may have no interest in his history as the petition is for you), it might be worth sending another email to the consulate and asking.. I've included in my email the fact that neither my fiance or I have prior marriages/children or criminal history, and asked if that will make our application any quicker, so I'll let you know if they comment on that.

I also don't think that they will consider it suspicious dropping the I-129F after all this IMBRA c-r-a-p. It's conceivable that quite a few people have considered DCF a viable and quicker solution to the problem, irrespective of their criminal history.

[meauxna 15]

Thanks Meauxna,

I guess we're kicking ourselves because we were in Sydney together in April. If only we'd known all this information then I could be on my way permanently and my daughter would be there to start the school year.

We just have a couple of concerns that are holding us back.

My fiance was over here for 2 weeks in April and his boss will not giving him anymore time off. So it would require resigning from his current job and we're worried it could impact on our Support documentation.

And my fiance has a blemish on his record which is affected by IMBRA. We're worried that quitting I-129F after receiving the RFE may look suspicious. I'm also worried that the Perth office may not be able to process the application because of this misdemeanor and will send it back to USCIS.

I do see that getting married and immediately having to apply for adjustment of status is going to be a rush and give me more stress.

We're so afraid of making the wrong decision! And we know, there are no guarantees.

michelle,

No use crying over spilt milk, as the saying goes, and regretting what could've been....

The information about work is a crucial piece--I'm old enough to be 'into' security, and employment isn't as easy to get as it used to be. You two will need to decide if staying in Australia a few more months is worth the security of keeping the job. I know you want to be reunited, but especially with a kidlet in tow, I tend to think about the whole delayed gratification thing. We're the grownups here, know what I mean?

As for your concern about his record, IMBRA and what the Consulate in Sydney will think about it, I'm with alli in the main--I think it's a non-issue. People cancel the I-129f all the time and do what you propose.

The reason I suggest you re- and re-review the DCF Guide is partly what you say here about Perth---they will adjudicate the I-130 and the I-130 only. It is to demonstrate two things: That he is a USC and that he has a qualifying relationship with you (marriage). Once that is established, Sydney deals with the visa application. In many Consulates, that process takes a matter of days, not weeks or months. You should really have a crystal clear picture of the process before you embark.

AOS in the States is what it is, or what you make of it. It does offer many opportunities for things out of your control to go badly. Which brings you back around to employment etc. I don't know what kind of work your fiance does, but it could be worth him strategizing an alternative with his employer---maybe there is a way he can take some unpaid time off and keep his job.

It stinks, but you two have to gather all this secondary info and just discuss the pros and cons. There is nothing wrong with waiting a bit and letting things run their course for a couple of weeks while you think about it. You might uncover that getting married in Australia is really important to you, or the US is more important. You can look up the AOS (I-485) timelines and experiences for your District Office in the US and see how that often goes (ie, Florida and NYC can be really long waits). Then in the mean time, you may learn more about what's happening with I-129fs and how the Consulates are handling the interviews---things for your post might not slow down significantly.

Just don't rush to any decision.