Possible DCF... I don't know what to do.

[soulknight 0]

Here is a link to my original post so you can know a little more about what is going on:

http://www.visajourney.com/forums/index.ph...=183324&hl=

Now I am really confused!!!

The consular in Madagascar called my wife in for an appointment. As was already discussed they told her they received her K-1 application but could not approve it because of our marriage. "No Problem." They gave her a new check list, that Sylvia mailed to me, of things we need to do for her visa which goes as follows (summarized):

First Complete DS-156

Second

1. Obtain her passport (already done)

2. Medical Exam (In progress)

3. Complete DS-230

4. Translate her birth certificate (already done)

5. Obtain divorce papers (already done)

6. Obtain her police record (in progress)

7. N/A (refers to her police record which is clean)

8. Passport Photos (already done)

9. N/A (DS-156 for children)

10. I-134 (already done)

11. Consular's filing fee. $131

12. Evidence of ongoing relationship (We have plenty)

Here is where I have some questions.

The DS-156 is a Nonimmigrant Fiance(e) Visa Application. The DS-230 is a Application for Immigrant Visa and Alien Registration. The 2 seem contradictory to each other especially when the DS-156 is for a Fiance(e). Why would I need to do both?

There is no mention of a K-3, CR-1 or 2 or any of the documents (I-130, G-325A, I-129, etc...) that would be required for any of those visa applications. Do I still need to complete a K-3 or CR visa package or does this DS-230 supersede those? If the consular is suggesting a DCF, do I submit the I-130 here in the States or in her country?

I was going to submit the K-3 Package next week (now that I have all of the necessary paper work from her) but now I am not sure what to do. Someone please help!!!

[YuAndDan 153]

The list you noted has to do with a K-1 or K-3 visa, they are NON-Immigrant so they do DS-156.

HOWEVER you posted this to the DCF forum, DCF is for cases where a US citizen lives in a foreign country longer than 6 months marries and then files the I-130 for a spousal visa directly to the US consulate in the foreign country where they have been living as a resident, it is a process that allows a married couple to get a visa so that they can move to the USA.

The first step in DCF process is to file I-130 to the consulate.

Sounds like you filed I-129F, for a K-1 and got impatient and married while it was being processed, this invalidates the K-1 process, and you need to start all over again this time filing an I-130 for a spousal visa, either by sending it to USCIS in the USA, OR if you qualify you can file it at the US Consulate.

K-3 is only an optional visa process, anc can only be filed through USCIS in the USA, you file I-130 first to USCIS, and then file I-129F to the service center processing the I-130 as per the notice of action sent out by USCIS when they receive the I-130.

You may want to read through the guides.

I did reply to your last post: http://www.visajourney.com/forums/index.ph...t&p=2715555

DS-230 will be sent to NVC after USCIS approves your I-130, OR it will be brought or sent to the consulate AFTER you file I-130 to the consulate.

I-130 is for ALL immediate relative visas, (CR-1 is an Conditional Relative, (Spouse married less than 2 years) IR-1 is for Immediate relative (Spouse) it is the petition that starts the whole process,.

Edited May 14, 2009 by YuAndDan

[YuAndDan 153]

DS-230 cannot be filed unless there is FIRST an approved visa petition (I-130). DS-230 is a visa application that is based on a visa petition filed by a US citizen, or US permanent resident, it gets filed only after I-130 has been approved, and a visa number is assigned to the case.