DCL Manila Philippines

[macbsa 0]

Hi, I am not really sure if this is applicable to us, but would like to ask here so we would know...

Here goes our story...

We have been residing in the USA for the past 5 years. My wife had an H1B then while I was a Permanent Resident, waiting to be eligible for US citizenship. Finally, I was eligible, and had my oathtaking date scheduled. We were both looking forward to this as her H1B visa will expire too. That week, her father passed away, suddenly and unexpectedly. Together with our 2 american born kids, we all went home to Manila for the funeral.

Since I had to go back for my oathtaking, I left her and the kids behind in Manila. Now, her H1B expired, I am getting ready to file for I-130, when I read about this thing called DCL which will get her back to the states sooner.

I would like to know if filing for DCL in behalf of my american born kids who are having difficulty adjusting to the weather in the Philippines. They have been sick with asthma, allergies, and strep, lost 5lbs in 3 weeks and looking for their regular routine such as visits to the library.

Does anybody know if we've got a shot at filing for DCL at all in Manila?

Thanks.

GiNi

Married Dec 14, 2004

[Penguin_ie 5,993]

You mean DCF (direct consular filing), and unfortunately, you are not elligible, as to do so, you (the US citizen) needs to be living in the foreign country legally for at least 6 months before filing. Also, DCF is only for spousal visas, not for kids.

However... are the kids not US citizens also, based on the fact they were born in the USA? If so, they could travel by themselves (or you coudl go and get them), if this is necessary for their health, as it will take 6-8 months to get your wife back to the USA on a spousal visa.

[Zen Den 18]

Hi, I am not really sure if this is applicable to us, but would like to ask here so we would know...

Here goes our story...

We have been residing in the USA for the past 5 years. My wife had an H1B then while I was a Permanent Resident, waiting to be eligible for US citizenship. Finally, I was eligible, and had my oathtaking date scheduled. We were both looking forward to this as her H1B visa will expire too. That week, her father passed away, suddenly and unexpectedly. Together with our 2 american born kids, we all went home to Manila for the funeral.

Since I had to go back for my oathtaking, I left her and the kids behind in Manila. Now, her H1B expired, I am getting ready to file for I-130, when I read about this thing called DCL which will get her back to the states sooner.

I would like to know if filing for DCL in behalf of my american born kids who are having difficulty adjusting to the weather in the Philippines. They have been sick with asthma, allergies, and strep, lost 5lbs in 3 weeks and looking for their regular routine such as visits to the library.

Does anybody know if we've got a shot at filing for DCL at all in Manila?

Thanks.

GiNi

Married Dec 14, 2004

if you mean you want to cite your kids' health issues as basis for your wife's DCL, you might have a shot, depending on how old they are and how bad their health has been affected by their stay in the Phils.

but as you know the first requirement is you have to file it in the Phils and explain why the 6-month residency req. should be waived for you.