DCF process change since 08.15.2011

[merkin&regine 18]

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

Yes! Very relevant! My Petition from my X wife was Approved too and the Domicile requirement came on my interview, Our situation was we both are students by then and my X Wife was a legal Immigrant in th Philippines by then and is a US citizen. US Embassy in our country has Jurisdiction on her coz she is a legal immigrant on our country and she is a US citiizen, this is the reason why US Embassy n the Philippines accepted our I-130 Application through the US embassy in the Philippines.

The process is so fast as not much people are having this type of Case. By the way, I did this to on my sister's case too and it only take like less than 2 months approval.. But my sister's was fast coz I am already aware of the DOMICILE requirement. So as soon as they filed the Petition, I told My sister's American Husband who's living in the Philippines to come here in US already and when the interview came, Everything went on smoothly.

There's one recent case here too that had this problem, I think it was from INDIA, he stayed at his wife's country for the whole 9 months process on the petition and got a notice that he needs to establish domicile.

[merkin&regine 18]

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,

Hi,

Sure... Pls read this.. and I remember telling the consul that before, I told her that.. REALLY? so we need to be separated? and the Consul was so nice and told me.. Unfortunately YES! and she said, If I'll be handling the case again when you come back here, I'll take care of YOU..

Here's the trascript from NVC's website:

U.S. Sponsor Minimum Age Requirement

There is no minimum age for a U.S. sponsor (petitioner) to file a petition for a spouse. However, you must be at least 18 years of age and have a residence (domicile) in the U.S. before you can sign the Affidavit of Support (Form I-864 or I-864EZ). This form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors.

Is Residence in the U.S. Required for the U.S. Sponsor?

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

Here's the link to check on that:

http://travel.state.gov/visa/immigrants/types/types_2991.html

Thanks,

Merkin

[Idan 0]

I see your point.

I've been doing some research for the past few hours and it turns out that here in Israel they push the domicile button only if something looks suspicious.

From my readings in Israeli US immigrant forums, people say that as long as the marriage is bona-fide, and it is obvious the couple plans to start a new life in the US - that's cool

[merkin&regine 18]

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

You can read this for your reference, this is to prevent future problems on your interview:

U.S. Sponsor Minimum Age Requirement

There is no minimum age for a U.S. sponsor (petitioner) to file a petition for a spouse. However, you must be at least 18 years of age and have a residence (domicile) in the U.S. before you can sign the Affidavit of Support (Form I-864 or I-864EZ). This form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors.

Is Residence in the U.S. Required for the U.S. Sponsor?

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

Here's the link from NVC:

http://travel.state.gov/visa/immigrants/types/types_2991.html

Good luck!

[merkin&regine 18]

I see your point.

I've been doing some research for the past few hours and it turns out that here in Israel they push the domicile button only if something looks suspicious.

From my readings in Israeli US immigrant forums, people say that as long as the marriage is bona-fide, and it is obvious the couple plans to start a new life in the US - that's cool

Ok Good Luck! and pls keep us posted on your case so that we will have a reference.

[merkin&regine 18]

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.

[Idan 0]

Will do. Thanks a lot

[Idan 0]

Getting back to my first question. What is the next step after NOA-2 with new process when both husband and wife live in Israel.

Please take a look at step 2, according to US Jerusalem consulate website:

STEP 2 - SCHEDULE YOUR INTERVIEW

When you file your petition, either directly with USCIS or at the U.S. Consulate General in Jerusalem, you will be given a checklist of steps that you must complete prior to the visa interview. Once you have assembled all of the required documents, it is your responsibility to notify us that the beneficiary is ready for an interview by submitting Form DS-2001 (Instructions for Immigrant Visa Applicants). You can submit this form via postal mail, email or in person at our reception window at the U.S. Consulate General in Jerusalem. Do NOT submit any original documents with the DS-2001. After we receive the DS-2001 we will schedule the beneficiary for his or her visa appointment.

LINK TO WEBSITE: Jerusalem US Consulate - Immigration visa step 2

What do you think? Will I be honored to continue the procedure here in Israel, or am I doomed to correspond with the NVC via trans-Atlantic postal mail?

Cheers,