DCF Lima, Peru

[corona25 0]

You are correct, these things are worth following up on especially if you live in the provinces. If I said certified translation, let me correct myself by saying that an official translation is needed. As I stated previously, I specifically asked the person attending the window for my I-130 petition if I could translate the marriage certificate. Their response was "Are you an official translator in Peru?" Of course I am not, so the answer was no, I could not translate the document under any circumstances. I can't talk about filing in the US and the whole lockbox scenario because I didn't go that route. The only thing I know is DCF in the Lima embassy because that is what I did. I imagine however that filing in the US and doing DCF have different requirements; this whole discussion about an official translation is probably just one of the many differences.

I am aware of the post made by Norteamericano about how the embassy told him that the CE was not needed to file the I-130. I am sorry but this is incorrect. I am 99.9% sure about this. I will give you an example of how the majority of the people at the embassy have no idea what is required and what is not. When I received the visa interview packet in the mail, the affidavit of support (I-864) was not part of the required documentation that my wife needed to take to the interview. I thought this was strange because everyone else that I had spoken with that went through this process told me that it was needed, so I called the embassy and talked with someone in the immigrant visa department. I gave them my wife's name, case number and specifically asked them if the I-864 was needed for the interview. They told me that it was not. Guess what? When I got to the interview they told me it was required. I told them what happened, showed them the document which I received in the mail stating the requirements for the interview and that the I-864 was not there. They told me that they were sorry that I had been misinformed. Additionally two other things which I did have because it was listed as requirements were evidence of relationship and evidence of domicile in the United States. I of course did have that documentation prepared but guess what? They didn't even ask me for either of these two things. My point is that the majority of people don't really have it together at the embassy and one person can tell you one thing and another person something completely different. That is the reality of the situation and it is just something you have to put up with if you go the DCF route.

Edited October 13, 2011 by corona25

[ehat 0]

I live in peru, and plan on moving home in march 2012. If i get married in peru and start the process before I leave (yes i know it is soon), can I dothat? can I leave the country after the I130 has been approved but before the interview? because I dont have to be present for the interview, correct? and you really just show up at the stupid ventanilla and leave all your paperwork for the I130 during their openning hours?

Another problem, which might be suited to some other thread, but I and 26, never in my life made over 20,000 which is the requirement for the AOS, and for the last three years I have worked abroad. I don´t have enough assests in my name and I doubt that my parents will sponsor my fiance, as much as they love him. any suggestions?

[yachachiq12 43]

If you've lived there at least six months, then yes, you can file the I-130 and then move back to the US to re-establish domicile (this will make that part easier at least at the interview stage).

Getting a suitable co-sponsor is something that absolutely everyone without enough income/assets on their own must do. You'll have to find a way to make it work. The amount is less than $20k if there are only two of you (something in the 18 range, but it will change for 2012 when you file), so look into that again. If you file DCF, you will be filing for a CR-1 visa, which will not involve AOS. You'll need to present the I-864 at the interview in Lima.

You don't have to attend with your spouse, but it does always give one an advantage. Be sure your evidence of the bona fides of the marriage are well in order, especially if you don't attend.

While living abroad, have you been filing taxes? Even if you don't owe anything, be sure you've filed if you haven't already. You'll need those for your I-864 (which you file in addition to your co-sponsor).

And, yes, you leave the I-130 during their hours. Call to find out during which days and hours they are currently allowing filing for the USCIS field office there. It's on the website, but I couldn't find it just now. It changes sometimes and it isn't every day or every hour they're open for the whole Embassy.

[ehat 0]

sorry, also, would my future husband need police records to go to the interview? from every country that he has resided in? and is the medical form just for him? or for me too?

[yachachiq12 43]

sorry, also, would my future husband need police records to go to the interview? from every country that he has resided in? and is the medical form just for him? or for me too?

See the below from the embassy's webpage on the police records for the CR-1.

Some of these expire within a certain number of days/months, so don't get them too early. We did that and had to do everything twice!

The medical form and exam are for him. You will need to have a medical done to get married in Peru, but that has nothing to do with the immigration process. Get him to start looking for his vaccination records to have those ready for when he does his visa medical with one of the civil surgeons. He can't do or schedule the medical until he gets his interview letter upon I-130 approval.

Penal and Court Records

Peruvian police certificates (“Certificado de Antecedentes Policiales”) are no longer required for Immigrant Visa Applicants. However, Court Records and Penal Records are required clearances, see below.

Military Records

If an applicant previously served in the Peruvian military, he or she must present a "Certificado de Antecedents Judiciales y/o Penales" issued by the "Consejo Supremo de Justicia Militar" (CSJM).

Court Records

Court records ("Certificado Judicial de Antecedentes Penales") are required for all applicants age 16 and older. Court records are issued by "Registro Nacional de Condenas". Address: Av. Abancay cdra. 5, Edificio del Ministerio Público, first floor, Lima.

Penal Records

Additionally, imprisonment records ("Antecedentes Judiciales a Nivel Nacional") are required for all applicants age 18 and over. The Judicial Records are issued by the "Instituto Nacional Penitenciario" (INPE), Address: Pasaje Adolfo la Jara 234 (esquina con Av. Cáceres), Urbanización San Antonio, Miraflores.

Police Certificates from Countries other than Peru

Police clearances from countries other than Peru are required if the applicant either:

lived in that country for more than 12 months when 16 years or older; or

was arrested in that country for any reason, regardless of age or length of residency.

Present and former residents of the United States should NOT obtain any police certificates covering their residence in the US.

Note: Police certificates from certain countries are unavailable. More specific information is available from the National Visa Center (NVC) or DHS-USCIS

Here's a useful page on the medical exam too: http://www.travel.state.gov/visa/immigrants/info/info_3739.html

[ehat 0]

thanks for the reply, i´ve been mulling over the embassy pages trying to make heads and tails of it all. Its helpful to have people who have gone through the process.

I have filed taxes for the past 10 years, and as in independent for 3. You said that if we do the DCF, then I don´t need an Affadavit of Support, but then you say the I-864 is needed at the interview. Are these not the same thing?

Also, how long does the approved I -130 last? You said you were able to change the date of the interview?

[corona25 0]

Hello ehat. I have read your first post. The first thing I can tell you is that if you have not been living in Peru for at least 9 months then don’t waist your time going to the embassy yet. Once again there is still this misconception that it is 6 months, which is incorrect. The earliest that you may be able to get by is 8.5 months. You must show evidence of your time living in Peru when applying for the I-130. The second thing is that after you get married you must obtain your carnet de extranjeria (CE) which is at least a month long process to receive it. I know this has been debated in this forum before but the facts are the facts. Our friend Americano, who has participated in this forum which is currently in the whole process of submitting the I-130 petition, can probably by now tell you the same. My advice is that you read some of the earlier posts which I have written here which give detailed information about the requirements and documentation required to submit the I-130 petition. If you feel my information is not correct or current you may always go to the embassy office hours for immigration Tuesday and Thursday from 9-11 A.M.

Don’t get ahead of yourself with worrying about police records and things like that right now. These are documents which you will need for the interview process which occurs well after your I-130 petition has been approved. Also I just briefly read something about if you do DCF someone told you that you do not need to file the I-864 affidavit of support. This is incorrect. I am 100% sure that the I-864 is needed for the interview; it is not a required document when filing for the I-130. Good luck.

[ehat 0]

thanks corona, i did read the past stuff, i´m tyring to make sense of all of it. i did ask at the embassy if i could do the process on a "renewed tourist visa" and I was told that I could. I´ve been in the country for 9 months now, so at least I have the time part at least! I can get a letter saying that i have been volunteering continuously since April, as well an apartment contract with my name on it as well as movimientos migratorios that show that I have been in Peru. However, we will probably go back to the embassy before we actually file to get the embassy facts straight although they are notorious for giving incomplete info.

I´m trying to gather as much info as I can before we commit to a process.

[corona25 0]

Well it sounds like you are on the right track. You hit the nail right on the head, not only just incomplete information but also just outright incorrect information. You must be very careful what people at the embassy tell you over the telephone, at times this is even true from staff when you are actually at the embassy. The rule for anyone going through this process should be not to listen or trust anyone except the person in the window at the embassy that is in charge of making sure you have all the required materials to process the I-130 petition. I’m not really sure who you were talking to but the renewed tourist visa sounds fishy to me. I was specifically told that the CE is a required document for providing proof of residing in Peru. The movimientos migratorios is definitely a required document for proving that you have been residing in Peru.

[yachachiq12 43]

I said you don't have to do AOS with a CR-1. AOS does not stand for "affidavit of support" on these forums, but rather "adjustment of status" which applies to people who enter the US on non-immigrant visas. CR-1 is an immigrant visa and thus requires the I-864 or affidavit of support at the embassy stage interview after I-130 approval. Is the confusion on that cleared up?

Also, Nortamericano CM did indeed submit his I-130 via DCF while on a tourist visa. A couple weeks ago, his I-130 was approved in Lima via DCF with no change to his tourist visa status. Corona25, I understand that you are trying to help. And I 100% believe you that you were told everything you claim you were told. Please do not assume you know about someone else's approval status unless they have specifically communicated to you about it. You have continually stated that the embassy gives out incorrect information. Perhaps this is one of those cases in which you were misled to believe a certain thing. I was approved without a CE in 2010 and NorteamericanoCM was just approved without a CE in November. Ehat, if you have been told that your residency situation is suitable to apply via DCF, go see if they'll let you submit the papers. If they won't then do your carnet de extranjeria or file via the lockbox in the US, deciding which will best fit your personal situation.

An approved I-130 never expires. I was able to change the interview date when we had a good reason. Someone with a K-1 interview in Lima recently posted that they could not change their date, but I have seen other people change their dates without issue recently.

Edited December 2, 2011 by yachachiq12

[ehat 0]

Excellent yachachiq12. Sorry about the confusion of the AOS, too many numbers and letters around for a newbie. That is good to know about the I-130. Hopefully we won´t start a war here with what each of you say you know 100%. I´m just happy to hear about other people´s processes and I always take everything with a grain of salt esp when working with the embassy, i´ve been working with them for the past year on other topics, and everything about them is frustrating. thanks!

[yachachiq12 43]

For reference and planning how to get your interview paperwork together eventually: the most recent DCF approval I've seen took 14 calendar days. The interview was scheduled within one month of the I-130 approval.

[corona25 0]

I have never assumed I know everything about this process because everybody has different circumstances. I just state on here what I was required to submit when I went through this process. I have also said repeatedly that if you do not believe I am giving correct info you can always go to the window hours at the embassy. If there are certain things that are not required like the CE then that is fantastic! If that is really the case then I wonder why I was made to do it. Strange but nothing surprises me at the embassy.

My I-130 approvals were actually approved the very next day after I submitted them. I think the paper at the embassy they give you says a maximum of 10 business days so you are probably safe with expecting anywhere from 1 to 14 days. The interview is almost always scheduled one month after the I-130 has been approved.

[davido 0]

delete

Edited February 29, 2012 by davido

[davido 0]

here's an email I got today directly from the USCIS in Lima, Peru that helps clarify this issue.

First, my email:

"Does our marriage certificate have to be certified by RENIEC and then certified by la oficina de Relaciones Exteriores? (I read that online on a forum) How do I know if my certificate is officially 'certified?'

Our certificate says "ACTA DE MATRIMONIO" on the front with the words on a paper issued by RENIEC (it has the word RENIEC and its symbol on the top left of the page) with the seal and signature from our local municipality at the bottom right AND the back of the page. See the attached scanned copy, thanks."

Now, here's the email from the USCIS, Lima:

"The Acta de Matrimonio is fine. It needs a certified translation. They do certified translations in several shops across the Embassy.

You only need the stamp from Reniec because the certificate is of the provinces.

No need to get the stamp from Relaciones Exteriores that is required for Official translations only.

USCIS/Lima

nvm"

So, we know straight from the officials that we do not need the stamp from the Relaciones Exteriors, nor do we need an "official" translation, rather just a "certified" translation.