consular processing for an immigrant visa

[jamster0105 7]

Hi everyone,

I'm back in this forum after being quiet for sometime. I'm here in the US now for about 4months with a non-immigrant visa. Early next year we will be living in Korea since my husband got a teaching job there. I have been reading the immigration rules on applying for a green card within or outside of the US and it says there that l can apply for an immigrant visa through consular processing if i'm not in the US. So here are my questions to those who have gone through the same process or have enough knowledge on how this procedure would work.

Does this mean that I should be in the Philippines to apply for this since I am a Filipino or can l apply in Korea since I will be living there temporarily during this application?

what are the things that i should submit once l started this application?

How long will a Consul call me for an interview from the time I submitted the documents needed?

How long does it take for them to approve my application for an immigrant visa?

What could be the cases in which a consul will deny an application?

Suppose a consul won't grant me an immigrant visa thru consular processing, can l go to the US and do the adjustment of status there again?

How much does it cost if u apply for an immigrant visa thru consular processing?

Thank you very much for your input in all my querries....

God bless to all of us,

Sterling

[Penguin_ie 5,993]

The consular processing is called DCF, and a lot of the process is consulate specific, ie each consulate has different rules. You may want to ask your questions about Korea specifically, in the DCF forum here. In general though, to answer your questions:

- You can do it in Korea, as long as both your husband and you are legally resident there for at least 6 months.

- You submit pretty much the same things for this application as you did for the K3, starting with the I-130, bonafide proof, you'll need police certs, a medical, affidavit of support etc.

- How long it takes very much depends on the embassy. As you can see from my timeline below, it took me 6 weeks.

- The main reasons to deny a spousal visa filed through DCF are domicile issues (USC needs to proof they have strong ties to the USA still) and affidavit of support (as the USC usually doesn't have a job in the USA, thus must sponsor the immigrant on assets or get a co-sponsor).

- I don't think you can- you will be considered to have abandoned your original visa. However, depending on how long yopu will be staying in the USA now, you may be able to get your greencard and apply for a re-entry permit before you go to Korea, giving you up to 2 years abroad, based on your husband having a job there.

- The visa fees (petition and application) are around 750 dollars, then there is the medical (around 400 dollars), and associated costs such as getting police certs etc.