DCF eligibility

[polimath2001 0]

Does anyone have detailed knowledge of DCF filing through KL embassy? I am USC with +6 months residency in Malaysia. My wife is Chinese and not resident of Malaysia. Am I eligible for DCF or must I file K-3 through USCIS in Chicago?

[canadian_wife 1,822]

Is your wife in Malaysia with you?

Good luck

[polimath2001 0]

Yes. On 30 day tourist visa.

We are planning to go back to US soon but firstly need to get her visa (k3 or cr1?).

Edited June 10, 2011 by polimath2001

[Penguin_ie 5,993]

You can file in Malaysia, but I am not sure they'll let her interview there (and chances are it'll take longer than 30 days for the process anyway- DCF is fast, but not usually that fast!). Normally the beneficiary needs to be legally resident in a country- or at least on a long term visa such as a student visa- to interview there. So she may need to interview in China, but you should ask the embassy.

[Darnell 8,478]

IIRC, she would need something more substantial than the 30 day tourist visa.

You, OTOH, are ok. She is not.

[polimath2001 0]

Right. I'm assuming it takes longer than 30 days so she would come back for the interview. It would be more convenient if she can interview in china but I don't fhink I can apply for DCF there. Maybe I should just apply for standard K3.

Only drawback is that she is pregnant and I was hoping to get visa before baby due in Nov. Regular K3 probably take longer time...

[Penguin_ie 5,993]

Forget the K3, apply for the CR-1 no matter which way you apply.

I think you should be able to apply in Malaysia, then they forward the case to China. Mind you, much of the DCF advantage (time saving) may be lost that way. With her due in November, she probably won;t be able to travel in October and that is cutting it close.

[Darnell 8,478]

can you 'attach' her to your visa ? she should have other options, as your wife, with the Malaysian gov/immigration folks. If you are in a hurry, enroll her in school next week, school will help her get a student visa, can stay in KL with you. IMO, it's less money that way, less time, will not be travelling back and forth.

So if you choose to file the I-130 via Direct Consular Filing in KL, note that later, within 45 days, will be filing the DS-230 as well. It needs some civil documents on her - ie

She'll need to get police clearance certificates soonish, any family member in her hukuo can get that for her in the hukuo city, as well as a chinese to english notarial translation (white book) The marriage certificate (I assume you have a red book, aye?) can be translated into English in KL. She'll need her birth certificate - if she doesn't have one, can get one in China, via the human in her hukuo book trick, and it'll need to be translated into english as well.

---

So, if you can get her to stay in Malaysia with a student visa, I think you'll be set for the DCF filing in KL.

Good Luck !

Edited June 11, 2011 by Darnell

[Ryan H 3,812]

I file K-3 through USCIS in Chicago?

CR-1 (Form I-130) is filed through Chicago.

If she ends up being unable to interview in Kuala Lumpur and must interview in China (Guangzhou) or you are ultimately unable to DCF in Malaysia, then by filing only the I-130 for CR-1, electronic processing will be available to you once your file reaches the NVC. EP will save time as the file is electronically transferred from the NVC to the Consulate in GZ. EP is not an option with K visas (such as the K3) and it's not available to cases that are going to Kuala Lumpur.

If you were to file the I-129F in conjunction with your I-130, the I-129F would be sent to the TX lockbox facility and then on to the service center. Once it arrives at the service center, they will tie it together with the I-130 by pulling your I-130 from its current place in the queue and placing it with the I-129F you will have just submitted.

CR-1 is an immigrant visa; green card issued on arrival in the form of I-551 stamp, the actual card will arrive a short time later. No Adjustment of Status required with CR-1. K3 is a non-immigrant visa which requires Adjustment of Status to obtain green card.

[Darnell 8,478]

bump