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rbcar3

Moving to US During DCF Approval

By rbcar3 in Direct Consular Filing (DCF) General Discussion

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rbcar3 Rookie

rbcar3   0

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Hello,

First time poster here. I've been reading through the forums, and I think I have my answer, but I want to be sure. Currently, I am living in Japan, and have been for the past 2 years. I plan to move back to the US towards the end of this year. My question is this. If I file the I-130 using DCF, can I move back to the US during the approval process for the visa? My spouse would still be in Japan, since it is my understanding that she can't travel to the US while the paperwork is being processed. Thanks!

Penguin_ie Grand Master

Penguin_ie   5,996

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Filed: Citizen (apr) Country: Ireland
 Timeline
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Yes, you as the USC can travel back to the USA as soon as the I-130 is filed, though to be on the safe side, I would wait till the I-130is approved.

Your foreign spouse can travel to the USA to visit you (on a tourist visa or the visa waiver program for example), but they cannot live here. Considering DCF usually only takes a few weeks, it is probably a waste of money to have her come over, as she will need to be in Japan for the medical and interview.

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.

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rbcar3 Rookie

rbcar3   0

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Filed: Timeline
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Yes, you as the USC can travel back to the USA as soon as the I-130 is filed, though to be on the safe side, I would wait till the I-130is approved.

Your foreign spouse can travel to the USA to visit you (on a tourist visa or the visa waiver program for example), but they cannot live here. Considering DCF usually only takes a few weeks, it is probably a waste of money to have her come over, as she will need to be in Japan for the medical and interview.

Thanks for the quick reply! Just to clarify, when you say "travel back to the USA," can that mean move permanently back? In Japan, I have a residency card, but when I move back to the USA, I would have to give this to immigration control. Do you think it's still OK, as long as I file the I-130 while I still have the card?

Penguin_ie Grand Master

Penguin_ie   5,996

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Yes. you only need to be resident in Japan on the day you file.

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

rbcar3 Rookie

rbcar3   0

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I guess I have one more question that kind of relates to my move back to the US. Does the length of marriage have any affect on the visa approval? For example, if I send the I-130 via DCF a few days after marriage, is this a problem?

CaptainPenguin Explorer

CaptainPenguin   5

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Filed: Citizen (apr) Timeline
Posted

I guess I have one more question that kind of relates to my move back to the US. Does the length of marriage have any affect on the visa approval? For example, if I send the I-130 via DCF a few days after marriage, is this a problem?

Length of marriage is not an issue whatsoever, your relationship will be looked into either way. Good luck !

 
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