questions about sponsoring and proving domicile for dcf

[AMHISHABIBATI 0]

i was wondering if i were living in tunisia for a year or two, then filed for dcf how could i prove domicile and work if obviously i am living in another country?

[meauxna 15]

i was wondering if i were living in tunisia for a year or two, then filed for dcf how could i prove domicile and work if obviously i am living in another country?

Through the concept known as 'temporarily resident abroad'. Your domicile is not always where you are physically living at the time. I lived abroad for 3 years but didn't lose my US domicile. I maintained a home in the US, mail service, ongoing bills, investment and banking accounts, filed my income tax returns, voted etc etc.

When it came time for the money shot, I used assets. Others have US employment they go to or back to, or get a Joint Sponsor, or go to the US ahead of their spouse to establish these things.

Domicile is an issue related to the I-864, which is presented at the visa interview.

[Penguin_ie 5,993]

You need to have strong proof that you either are still domiciles in the US OR have taken steps to re-domicile. For example still having a US bank account, a lease on a apartment in the US or owning a home there, evidence of looking for a job in the USA, bills you still pay over there (such as a cell phone), active drivers license etc. In our case, my husband had a US mailing address (his sister's house) and a home he purchased for us in Arkansas.

In terms of work, you have three options:

1. Sponsor on assets (savings, bonds, owning a home with a small or no mortgage etc).

2. Get a co-sponsor- a friend or family member in the USA who is willing to help.

3. Move back to the USA as soon as you file the I-130 but before your spouse's interview and get a job quickly (unlikely unless the economy improves).

[navyswife 0]

So how and where to file a DCF and how long before it gets approved? My husband is an emerican, ex us navy (9 yrs in service) not active anymore. We are now staying in the Philippines. He is disabled had back injury thats why cant work and not allowed to work in the US as per his Doctor's advise. He is receiving a pension from his SSS. He prefer for me and him to live permanently in the US..all his doctors and medicines he can get there for very cheap price bcoz of his medical insurance that covers him there .He is still paying all his bills online including his life insurance, mediclal insurance, tax, credit card since he came here in the philippines. He is paying all his bills but he gave back all his asets there like his car and lives with his mom house where he grew up and thats we are going to live when get back there in the USA.

He is here for 10 months already and he prefer to go back to the US after i will get approved on which one of these options we can apply for , K3 or CR-1 or DCF without going back to the states unless im with him. Airfares are so expensive and we all know the economy crisis going on in the USA so he is being practical. We applied for a permanent residency for him (probationary good for 1 yr to save more faster).

[Penguin_ie 5,993]

NacysWife: You apply directly through the embassy. The USC must have been living in the foreign country legally for 6 months when he petitions for your visa; in some countries, a probationary residence is fine, with others is not- check with the US embassy in the Philipines on details, as the procedures for DCF (which will lead to a CR-1 visa) are a bit different in each embassy, for example with some embassies you mail in the I-130 and with others you need to make an appointment and hand it in in person. DCF usually takes 3-4 months, but can take shorter (6 weeks for me), or a bit longer. Much faster than filing via the USA though.

In terms of financial support, your husband may make enough through his disability and Navy pensions (if he is no longer in the military, he must make 125% of the poverty line- if he still is officialy in the Navy, then 100%), but if not, you will need a co-sponsor unless he owns a house or something in the USA.

[AMHISHABIBATI 0]

You need to have strong proof that you either are still domiciles in the US OR have taken steps to re-domicile. For example still having a US bank account, a lease on a apartment in the US or owning a home there, evidence of looking for a job in the USA, bills you still pay over there (such as a cell phone), active drivers license etc. In our case, my husband had a US mailing address (his sister's house) and a home he purchased for us in Arkansas.

In terms of work, you have three options:

1. Sponsor on assets (savings, bonds, owning a home with a small or no mortgage etc).

2. Get a co-sponsor- a friend or family member in the USA who is willing to help.

3. Move back to the USA as soon as you file the I-130 but before your spouse's interview and get a job quickly (unlikely unless the economy improves).

Thanks so much! So do i have to keep an apartment here showing the rent being paid, or would it be ok if i used my mom's address as a domecile, and i still will have some bills coming there! i am asking because it would be much cheaper on me if i did not have to keep up this apartment while i was gone.(although that would be better proof, im sure).

i can get a cosponsor to get us back. i was more worried about the domecile issue.

[Penguin_ie 5,993]

Having a mailing address and some bills should be enough (it is somewhat up to the CO). You could always include a letter/ email evidence of looking for a new apartment and job.

[navyswife 0]

Thank you very much for that kind respond. I emailed the US embassy manila 4 days ago and this is what they said:

In response to your inquiry, once your husband receives his permanent residency in the Philippines, he may file the Form I-130 petition with USCIS Manila. Since the processing of the petition is faster here in the Philippines (the approved petition doesn't have to go through National Visa Center and the processing time is only 6 to 8 months from the date of filing to the visa issuance), K-3 visa application is not recommended. After approval of the petition by USCIS, the approved petition will be sent to the Immigrant Visa Section for visa processing. However, before an immigrant visa can be issued to you, your husband has to leave the Philippines and return to the U.S. to meet the Immigrant Visa Section's domicile issue requirement. That means, your husband has to leave before you do. Or your husband may return to the U.S. to meet the domicile issue and when the immigrant visa has been issued to you, return to the Philippines, to accompany you to fly to the U.S. It is up to you.

Is DCF is old term for I-130? i got a lil confused with this letter. Thought my husband doesnt need to go back to the USA when filing a DCF bcoz it is for married couples who both live overseas (Philippines) But the way it says here he has to return to his homeland if I-130 is the so called old term for DCF .

Regarding the CR-1, that is when i get a visa i will automatically have a green card that will bes sent to my husband's residence in the US when i get there if im not mistaken. My husband is not receiving any pension from us navy bcoz he did not got injured inside the service but outside. Even in the Veterans affair they cannot accomodate my husband where the VA in Alabama was telling him before he went here that he cna use the facility of VA Philippines here and can get a cheaper meds too. But we got dissappointed when we get there. So all his medicines he is shouldering thu his own pocket bcoz he cannot use his medical insurance oevr here. So that is one of the many reasons why we have to go back to the US. And he's getting his medical check up there for zero bcoz of his med insurance. He is still paying all his bill and life and medical insurance over the internet.

[navyswife 0]

Does filing of DCF also gives automatically a temporary green card like when filing a CR-1 upon arrival in the usa?

Thanks!!!

[Dakine 26]

Does filing of DCF also gives automatically a temporary green card like when filing a CR-1 upon arrival in the usa?

Thanks!!!

Yep! You will get a 2 year GC and a SS card in the mail within a month or so.

[navyswife 0]

Ok thanks for that responds guys!

[Dakine 26]

Ok thanks for that responds guys!

Walang anuman po!

[navyswife 0]

Haole here's my email add...conniejjimenez@yahoo.com

[Dakine 26]

Haole here's my email add...conniejjimenez@yahoo.com

Got it. I'll see if I can contact him. I just fixed my PM settings.

[txladykat 1]

DCF stands for Direct Consular Filing. It simply means you have the right to file the I-130 overseas at a US embassy. They are saying after your husband's I-130 is approved, he must then return to the states in order to establish a domicile there. Different consulars are now requiring this (though not all of them are, mine didnt). I think it just depends on the embassy and whether it is a country with a lot of family immigration to the US.

So, your husband would file the I-130 at the embassy. Once you receive packet 3 from the embassy, it means it was approved. He then needs to return to the US and show he is living there, paying bills there, etc., then you will file your paperwork to receive the actual visa (this paperwork will be included in packet 3).

After you get packet 3, you send back the required forms, then they send you packet 4 which tells about the medical exam and sets your interview date. After this, you receive a CR-1 visa, which is the visa that allows you to enter the country. When you enter the country with this visa, they place a stamp in your passport. This visa and stamp combined act as your temporary green card until you get the actual green card in the mail (usually within a month after arriving in the US). Typically, your should receive your social security card in that same time, but not always. After three weeks, my husband hadn't received his so we went down to the social security administration. They advised that a number had not even been requested on his behalf, so they requested and issued one right then and there.

Edited August 2, 2009 by txladykat