DCF process change since 08.15.2011

[Idan 0]

Hi All,

My wife (USC) and I have submitted i-130 to chicago lockbox 3 weeks ago since it is no longer possible to file directly to the US consualte in Jerusalem.

I would like to emphasize that we both live in Israel. Now I have received an e-mail from USCIS notifying the i-130 has been approved. My question is about he rest of the new process.

Is the new process now identical to i-130 filed when USC is in the US and applicant is aborad (USCIS -> NVC collects all forms and set an iterview)?

OR

will USCIS will now transfer everything to consulate for further processing?

I'm confused and I know that corresponding with NVC from abroad will take precious time, unlike having i-864 and other forms ready and submit them at the interview.

Thanks a lot

Idan

[merkin&regine 18]

Hi All,

My wife (USC) and I have submitted i-130 to chicago lockbox 3 weeks ago since it is no longer possible to file directly to the US consualte in Jerusalem.

I would like to emphasize that we both live in Israel. Now I have received an e-mail from USCIS notifying the i-130 has been approved. My question is about he rest of the new process.

Is the new process now identical to i-130 filed when USC is in the US and applicant is aborad (USCIS -> NVC collects all forms and set an iterview)?

OR

will USCIS will now transfer everything to consulate for further processing?

I'm confused and I know that corresponding with NVC from abroad will take precious time, unlike having i-864 and other forms ready and submit them at the interview.

Thanks a lot

Idan

The problem I see in your case is the DOMICILE requirement, the spouse will not be given any visa if your spouse is living outside US unless, he is a military and is still working for the US government. I suggest you teel your wife to leave for US now and establish Domicile before your interview, It's a complex case but you can search for stuff that can meet US domicile requirement.

I'm not really worried about the process coz I think it's exactly the same.

Im worried about your petitioner's Domicile requirement.

Good Luck!

[Idan 0]

The problem I see in your case is the DOMICILE requirement, the spouse will not be given any visa if your spouse is living outside US unless, he is a military and is still working for the US government. I suggest you teel your wife to leave for US now and establish Domicile before your interview, It's a complex case but you can search for stuff that can meet US domicile requirement.

I'm not really worried about the process coz I think it's exactly the same.

Im worried about your petitioner's Domicile requirement.

Good Luck!

If you are talking about filling i-864. We basically plan on self sponsership (we come to the US with about 100K USD). But we also plan on having a CO sponsor as a plan B.

Any ideas about who will I have to work for the rest of the process? NVC or consulate?

-Idan

[Penguin_ie 5,993]

It goes to NVC as normal for a US based petitioner. The DCF process hasn't changed, it has just gone away for most people. 3weeks to approval is extremely fast btw, are you sure that is not just NOA1?

[Idan 0]

Hi,

This is the email I got from USCIS:

The last processing action taken on your case

Receipt Number: <CENSORED>

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Your Case Status: Post Decision Activity

On December 7, 2011, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

[merkin&regine 18]

If you are talking about filling i-864. We basically plan on self sponsership (we come to the US with about 100K USD). But we also plan on having a CO sponsor as a plan B.

Any ideas about who will I have to work for the rest of the process? NVC or consulate?

-Idan

Nope.. Domicile requirement is similar to residency requirement to petition... I-864(affidavit of support) is different... To be able to petiion someone, you need to be citizen of the United States or LPR(on certain cases) and a domicile of the United Staes Of America...

[merkin&regine 18]

Hi,

This is the email I got from USCIS:

The last processing action taken on your case

Receipt Number: <CENSORED>

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Your Case Status: Post Decision Activity

On December 7, 2011, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

Wow! 3 weeks for an approval.. super fast! Congrats!

[Idan 0]

Hi Merkin,

I'm a bit lost. I though I had it figured out concerning the process.

1. Are you saying that a USC (with a dual-citizenship) living abroad with a spouse can't get a green card for a spouse without splitting the family for a few months? I thought that that was the essence of DCF.

No one mentioned anywhere that the change of submission location (lockbox instead of consulate) require the USC to be a resident.

2. I'd appreciate if you explained or referenced me to this requirement.

Cheers,

[milopnkr 0]

Hi Idan, I posted this in another topic...

------

I was once eligible for DCF (USC living in Australia) but unfortunately, I didn't file until after August 15, 2011. But my i-130 was granted in 15 days at CSC via USCIS. My question is: what happens now?

I got the standard email that the petition has been approved and my file has been forwarded to the relevant authority but I don't have a clue who that is. Still haven't gotten the hardcopy NOA2 as I live on the other side of the world! I assumed with DCF no longer in Australia, my file would follow the NVC route. But when I checked the US Embassy in Australia website it says to mail packet 3, 4, etc to the sydney consulate (this sounds like DCF)--but it also states the correct information regarding i130s (send to Chicago--USCIS route). The pages are current and up to date.

Am I just really confused about the entire DCF process? How do i know if my file ends up in NVC or if it is sent to the Embassy in Australia? The more I read, the more confused I get because what I am reading about the major change that took place on August 15, 2011 was that USCIS was now handling all i130s... it didn't mention anything about the rest of the process...

headscratch

____

So it looks like we are in a similar situation. No one has answered my question--I think the process is too new to determine what will happen. I'll let you know where my file ends up (NVC vs the Consulate)!

[milopnkr 0]

Nope.. Domicile requirement is similar to residency requirement to petition... I-864(affidavit of support) is different... To be able to petiion someone, you need to be citizen of the United States or LPR(on certain cases) and a domicile of the United Staes Of America...

Is this even relevant to his case anymore? His petition has already been approved.

[Idan 0]

Hi Milopnkr,

This was exactly my question. I also have not yet received NOA-2 hard copy. (Israel is also a bit far from the US)

Regarding the Domicile requirement, I thought it was only required for showing financial eligibility by regular income. In our case, we plan on having at least three times the 125% poverty line requirement (about 18K times 3).

I'm curious about the rest of the process as you are. On one hand, all forums are talking about i-130 sent to NVC. On the other hand, in the Jerusalem consulate webpage it says that once the petition is approved, I'll have to get all docs ready, ask for an interview and bring them with me.

Ii guess we'll know for sure only when the hard copy NOA-2 arrives with further instructions. (Oh, and maybe I'll call the consulate tomorrow and ask)

Cheers,

[Penguin_ie 5,993]

Regarding the Domicile requirement, I thought it was only required for showing financial eligibility by regular income. In our case, we plan on having at least three times the 125% poverty line requirement (about 18K times 3).

You are mixing up financial sponsorship and domicile, they are not related. You are correct for financial sponsorship- we used assets too btw. You ALSO need to show that either you never abandoned domicile (ie your stay abroad was temporary), or your intent to re-establish domicile, by things like proof you've been looking for a US job, have a property to live in there or have been looking for one,have your furniture in storage, have a valid drivers license, have been voting etc.

[Idan 0]

Hi Penguin,

Thanks for your response. Maybe I would get a better understanding of the matter if I added some more info.

My wife (USC) is a dual-citizen, born and lived all her life in Israel. Now we plan on moving to the US.

Obviously she doesn't have a US driver license. She used to have a bank account, which has been closed due to no activity.

Her Sister, cousins and grandparents live in the US

Can you please be more specific with regard to my case?

Thanks

[milopnkr 0]

You are mixing up financial sponsorship and domicile, they are not related. You are correct for financial sponsorship- we used assets too btw. You ALSO need to show that either you never abandoned domicile (ie your stay abroad was temporary), or your intent to re-establish domicile, by things like proof you've been looking for a US job, have a property to live in there or have been looking for one,have your furniture in storage, have a valid drivers license, have been voting etc.

hmmmm. interesting. I'm in the same boat as Idan, but I think i'll have an easier time proving domicile. Out of curiosity, at what point during the visa process is it necessary to prove domicile? i-130, i-864? thanks

[Penguin_ie 5,993]

Proof will be needed at the interview. It can be difficult to proof the domicile issue if you moved abroad as a child/ were never living in the USA, and some people do move to the US ahead of their spouse to avoid this problem. Some US embassies are more picky about this than others- Canada VJers often have big problems regarding domicile, for example. I don't know how picky either of your two US embassies are, but maybe if you search for previous VJ topics regarding your embassies, you can find out.

The best thing you can do is proof to them you re serious about moving- an intercontinental move takes planning, and surely you have a paper trail you can show. What steps have you taken to be able to establish yourself over here in the USA? Where will you live (we bought a house to move into, that went both to assets for the financial sponsorship, and to proof domicile)? Have you been looking for a job? If you have kids, have you enrolled them into schools? One option might be to visit the USA for a holiday and to create some ties- sign a lease, sign up to a cell phone so you have a bill to show, get a US drivers license or whatever.