DCF or USCIS....which one????

[Damaris 0]

I am a dual citizen of Romania and US. I would like to petition for my husband for CR1 visa but I'm not sure which way to go..Direct Consular Filing or just filing from here in California (either K3 or CRI). We want the fastest way possible..and I can travel anytime to Romania if need be..so which route should we take??

[Inky 1,111]

Have you checked the requirements for DCF? usually you have to be living in the country for a certain amount of time before you can do DCF.

[Damaris 0]

Have you checked the requirements for DCF? usually you have to be living in the country for a certain amount of time before you can do DCF.

Yes; at the Romanian consulate you don't even have to be a Romanian citizen to apply there, but either way as long as you have a Romanian ID (which I do) you're fine.

Edited November 21, 2010 by Damaris

[JoannaV 174]

Yes; at the Romanian consulate you don't even have to be a Romanian citizen to apply there, but either way as long as you have a Romanian ID (which I do) you're fine.

The US Embassy in Bucharest's webpage says: "Petitions may be filed at the consular section at the U.S. Embassy in Bucharest only by U.S. citizens who have been living in Romania for at least six (6) months before filing the petition (as evidenced by their U.S. passport showing date of arrival and Romanian residency card)"

So you will want to file via USCIS. Even if you were able to go live in Romania right now you would have to wait 6 months before filing, so much quicker to file via USCIS.

[Damaris 0]

The US Embassy in Bucharest's webpage says: "Petitions may be filed at the consular section at the U.S. Embassy in Bucharest only by U.S. citizens who have been living in Romania for at least six (6) months before filing the petition (as evidenced by their U.S. passport showing date of arrival and Romanian residency card)"

So you will want to file via USCIS. Even if you were able to go live in Romania right now you would have to wait 6 months before filing, so much quicker to file via USCIS.

Yes but that applies only for US Citizens. I am a Romanian national and I have all the Romanian identification documents so it doesn't apply to me. I also called the embassy and they said I could do DCF.

My question is which way is faster and easier, DCF or through USCIS?

Edited November 21, 2010 by Damaris

[Penguin_ie 5,996]

For the process itself, DCF is way faster, usually a few weeks only (see my timeline as example). But you were given wrong info by the embassy; you will be applying on the basis of being a US citizen, not on the basis of being a Romanian citizen, thus the 6 months rule applies.

[Never_lose_hope 10]

Yes but that applies only for US Citizens. I am a Romanian national and I have all the Romanian identification documents so it doesn't apply to me. I also called the embassy and they said I could do DCF.

My question is which way is faster and easier, DCF or through USCIS?

Glad to hear that is possible even is late for us. My wife is USC and Romanian also. We did not asked the Embassy and did normal petition I-130 at USCIS. I wish you good luck with your journey and hope that you are doing DCF because I can ashore you is faster.

[Damaris 0]

For the process itself, DCF is way faster, usually a few weeks only (see my timeline as example). But you were given wrong info by the embassy; you will be applying on the basis of being a US citizen, not on the basis of being a Romanian citizen, thus the 6 months rule applies.

I read on this website and several others that the consulate abroad can accept/decline your case at their discretion. So even if they have that 6 month rule, they can still chose to accept my petition. The same thing happened to my uncle and aunt. He was an US citizen who never even lived in Romania. He came one week to Romania, married my aunt, and 2 days later went to the embassy to turn in the petition and they accepted it. I talked to them about my case and they said they would accept it, so if DCF is faster, than that's the way I will go.

Edited November 21, 2010 by Damaris

[CVB 18]

I read on this website and several others that the consulate abroad can accept/decline your case at their discretion. So even if they have that 6 month rule, they can still chose to accept my petition. The same thing happened to my uncle and aunt. He was an US citizen who never even lived in Romania. He came one week to Romania, married my aunt, and 2 days later went to the embassy to turn in the petition and they accepted it. I talked to them about my case and they said they would accept it, so if DCF is faster, than that's the way I will go.

In the past this was a general rule. At the embassy it was handled faster. Since 9/11 a lot changed and the embassy has to sent the whole file to the US, which results in longer processing times. I would follow the normal road via the USCIS. You might trigger unnecessary questions and red flags by doing otherwise.

[Neal851 3]

DCF is alwats faster. If you have all DCF requirements then go for DCF.In our country(india),now a days to get accepted for DCF is like to be lucky.Means there is no gurantee that you will be accepted. They can accept or decline you. So before going through DCF check with your embassy in your country and make sure they are currently accpeting DCF files.Otherwise DCF is always faster.It took 3 months for me after filling date.After applying for DCF you can come back to USA.Good luck for the journey.

[Kathryn41 3,205]

Topic moved from US citizenship forum to DCF forum as it does not discuss an issue related to obtaining US citizenship

[Anh map 2,098]

Yes but that applies only for US Citizens. I am a Romanian national and I have all the Romanian identification documents so it doesn't apply to me. I also called the embassy and they said I could do DCF.

My question is which way is faster and easier, DCF or through USCIS?

You are filing the spousal petition as a US citizen, not a Romanian citizen. If you can demonstrate residency in Romania for that 6 month period then you ought to be ok.

[Damaris 0]

You are filing the spousal petition as a US citizen, not a Romanian citizen. If you can demonstrate residency in Romania for that 6 month period then you ought to be ok.

How do I demonstrate this? I have a Romanian ID like any other Romanian with my home address on it. But I am constantly traveling back and forth between Romania and US. I have spent more than 6 months in RO last time I was there (I just got back a couple days ago).

[inloveVEN 46]

HI

commonly, you have to reside legally and permanent in the country where you want DFC for at least for 6 month. See the consular web pages to finad it out

[Anh map 2,098]

How do I demonstrate this? I have a Romanian ID like any other Romanian with my home address on it. But I am constantly traveling back and forth between Romania and US. I have spent more than 6 months in RO last time I was there (I just got back a couple days ago).

What address do you put on your US tax returns? Are you working in Romania? US? Are you back in the US to get a household set up (establishing a US domicile as needed for the I-864) or for other reasons?

Where do you consider your home to have been for the last 6+ months?