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matt01

DCF. Must my USC wife file at the embassy? please help!

By matt01 in Direct Consular Filing (DCF) General Discussion

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matt01 Contributor

matt01   0

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Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

I am seriously looking into this option, my wife is a USC, we married in the US and I returned back to Austria where I live.

I would like to know, is it possible for me to file the petition without my wife even setting foot in Austria? She will come visit me in december either way. So the option is there if need.

Please help.

Matt

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yohino Rising Star

yohino   22

Posted
Filed: IR-1/CR-1 Visa Country: Sweden
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Posted
I am seriously looking into this option, my wife is a USC, we married in the US and I returned back to Austria where I live.

I would like to know, is it possible for me to file the petition without my wife even setting foot in Austria? She will come visit me in december either way. So the option is there if need.

Please help.

Matt

I'm pretty sure you can only do DCF if the USC have been living in your country for atleast 6 months.

If this isn't the case you would have to apply for a K3 or a CR1 visa.

Best of luck!

April 2007 : Met
07/28/07 : Officialy dating
06/07/09 : Engaged
09/04/09 : Married

10/06/09 : I-130 Sent
10/15/09 : NOA1
01/11/10 : Expedite Request Sent Through Congressman
01/14/10 : NOA2

01/22/10 : Got NVC casenumber
03/16/10 : Case Complete

05/04/10 : Medical
05/11/10 : Interview - APPROVED!!
05/14/10 : Passport w/ Visa recieved

05/29/10 : POE JFK
06/25/10 : Apply for SSN
06/29/10 : Received Welcome Letter
07/01/10 : Recieved SSN (33 days after POE)
07/07/10 : Greencard production ordered
07/13/10 : Second Welcome Letter recieved
07/15/10 : Green Card recieved (47 days after POE)

04/02/12 : ROC NOA1
05/24/12 : ROC Biometrics
12/19/12 : ROC Approval
12/24/12 : New GC recieved

3/18/16 : N-400 Application sent
3/25/16 : Text/Email confirmation NOA
4/22/16 : Biometrics Appt

6/24/16 : NOA date for Interview

7/28/2016: Interview

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redglasses Proficient

redglasses   1

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Japan
 Timeline
Posted (edited)

I am assuming your wife is a USC living in the US and you are a UK citizen living in Austria?

If it is correct, your wife cannot file the I-130 petition outside the US because DCF is for USCs living overseas over 6 months.

The place to petition your visa would be one of the USCIS centers in the US.

Edited by redglasses

Immigration Process (DCF Japan)

08/06/2008 I-130 petition at Tokyo, Japan

08/13/2008 I-130 approved

|

| Waited until we were ready to move back

|

07/13/2009 IV interview at Tokyo, Japan

07/15/2009 IV(IR-1) in hand

Post-DCF

07/29/2009 POE at Las Vegas

08/17/2009 GC(10yrs) received

Click here for the detailed timeline.

Done with USCIS until

- naturalization in May 2012 or

- GC replacement in February 2019

CXmLm7.png

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raina4gy Contributor

raina4gy   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Guyana
 Timeline
Posted
I am seriously looking into this option, my wife is a USC, we married in the US and I returned back to Austria where I live.

I would like to know, is it possible for me to file the petition without my wife even setting foot in Austria? She will come visit me in december either way. So the option is there if need.

Please help.

Matt

I'm pretty sure you can only do DCF if the USC have been living in your country for atleast 6 months.

If this isn't the case you would have to apply for a K3 or a CR1 visa.

Best of luck!

:thumbs:

6-22-09 - Filed petition at embassy in Cairo

8-12-09 - Contacted DOS for info on petition...found out petition is filed incorrectly...

8-12-09 - Tried contacting embassy with new info...no response for 3 days..

8-15-09 - Made appt to resubmit petition on 8-17

8-17-09 - CO at embassy informed us that correction was made and petition sent to Athens for approval.

8-26-09 - Petition approved by Athens USCIS

8-28-09 - Petition mailed to Cairo by Dipl. Pouch via Washington DC.

9-29-09 - Petition arrive at Cairo....

10-12-09 - Package 3 arrived and also sent back same day...

11-10-09 - Package 4 arrived

12-22-09 - Interview date - APPROVED

12-23-09 - DOS says Visa Issued

12-30-09 - Visa in hand

12-31-09 - Enshallah arrive back home :)

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matt01 Contributor

matt01   0

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted
I am seriously looking into this option, my wife is a USC, we married in the US and I returned back to Austria where I live.

I would like to know, is it possible for me to file the petition without my wife even setting foot in Austria? She will come visit me in december either way. So the option is there if need.

Please help.

Matt

I'm pretty sure you can only do DCF if the USC have been living in your country for atleast 6 months.

If this isn't the case you would have to apply for a K3 or a CR1 visa.

Best of luck!

what you have stated is only on the us embassy websites, but there have been now some proven cases in SOME countries where a non residing USC and non resident have turned up and been accepted for the petiton. Reason being there is no actual law or rulling on it. Basically a US agent can say yes or no.

I will personally visit the embassy next week and ask.

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Penguin_ie Grand Master

Penguin_ie   5,993

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Filed: Citizen (apr) Country: Ireland
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Posted

The others are correct- your wife not only needs to file in Austria, she needs to have lived in Austria legally for 6 months before filing, so this option is out for you unless your wife wishes to move to Europe for a while.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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