DCF qualification

[emilyjsh 0]

Hi, my Korean fiance and I have been researching high and low to figure out the quickest (and most legal) way for him to come to America. Originally we considered the K-1 visa; I have all of the information waiting on my desk to be mailed. Now I'm considering flying to Korea to visit him in the next few weeks. And I think, why not just get married there and file for a K-3 spouse visa?

My question:

I lived in Korea 4-years (2007-2011), but moved back to America October 2011. If we get married in February 2012, would we qualify for a DCF filing? Also, does it matter that I now live in California? Do I need to live in Korea currently to file DCF?

Thanks so much for any guidance! The last 'phone consultation' I had with a lawyer cost a sweet $150 for about 25-minutes

[emilyjsh 0]

Hi, my Korean fiance and I have been researching high and low to figure out the quickest (and most legal) way for him to come to America. Originally we considered the K-1 visa; I have all of the information waiting on my desk to be mailed. Now I'm considering flying to Korea to visit him in the next few weeks. And I think, why not just get married there and file for a K-3 spouse visa?

My question:

I lived in Korea 4-years (2007-2011), but moved back to America October 2011. If we get married in February 2012, would we qualify for a DCF filing? Also, does it matter that I now live in California? Do I need to live in Korea currently to file DCF? I should add that I still have an ARC, because I'm a Koraen adoptee, so my F-4 visa is still valid in Korea.

Thanks so much for any guidance! The last 'phone consultation' I had with a lawyer cost a sweet $150 for about 25-minutes

Edited February 19, 2012 by emilyjsh

[carton025 38]

You can file for either the K-1 Visa or the spousal visa (I-130?) they both take about the same amount of time to process. The only advantage to filing a spousal visa is your fiance will receive his 2-year green card within a couple of weeks after entering the USA, along with his SS card also.

You will not file a DCF (direct consular filing?) if your fiance is a citizen of Korea. If he is not a citizen of Korea, but is legally living in Korea, you would then file a DCF. For example, I did a DCF for my gal who was a filipina working in Hong Kong as an OFW (overseas filipino worker) and she immigrated directly from Hong Kong to the USA Stay away from attorneys!!! If you need personal help, contact me, and I will tell you about a yahoo group that offer this information for free. Also, it doesn't matter where you live in the US, the USCIS processing is the same.

Good luck.

[Gaijinsan 3]

Hi, my Korean fiance and I have been researching high and low to figure out the quickest (and most legal) way for him to come to America. Originally we considered the K-1 visa; I have all of the information waiting on my desk to be mailed. Now I'm considering flying to Korea to visit him in the next few weeks. And I think, why not just get married there and file for a K-3 spouse visa?

My question:

I lived in Korea 4-years (2007-2011), but moved back to America October 2011. If we get married in February 2012, would we qualify for a DCF filing? Also, does it matter that I now live in California? Do I need to live in Korea currently to file DCF?

It sounds like you will have to apply in the US. Says the US Embassy Seoul:

Filing an immigrant petition in Seoul

USCIS is responsible for adjudicating petitions. Petitioners who are defined by USCIS as residents of Korea may file petitions with USCIS Seoul. Others must file with USCIS in the United States.

Although USCIS makes the final decision about where you are resident on a case-by-case basis when you file the petition, generally, American citizens are considered to be residents of Korea if they show to USCIS Seoul one of the following items of evidence of resident status:

* Military orders to Korea for U.S. Forces Korea active duty military and civilian employees of the U.S. government

* A Korean alien registration card or long-term Korean visa for U.S. citizens employed, living, or studying in a private capacity

http://seoul.usembassy.gov/visas_immigrant_visas.html

Edited February 19, 2012 by Gaijinsan

[Gaijinsan 3]

You will not file a DCF (direct consular filing?) if your fiance is a citizen of Korea. If he is not a citizen of Korea, but is legally living in Korea, you would then file a DCF.

It is the petitioner's country of residence that determines eligibility for DCF.

[Penguin_ie 5,996]

It is the petitioner's country of residence that determines eligibility for DCF.

OP does not qualify for DCF as they no longer live in Korea.

[emilyjsh 0]

Thanks for the insight! My fiance is a Korean, living in Korea currently. I am American, living in America. But I have a valid Alien Registration Card, being a F-4 visa holder).

[Gaijinsan 3]

Thanks for the insight! My fiance is a Korean, living in Korea currently. I am American, living in America. But I have a valid Alien Registration Card, being a F-4 visa holder).

Your case is interesting because you were a resident of Korea up until recently. You probably could produce enough evidence to convince USCIS that you are still living there. Perhaps you could even make a legitimate case that you've never given up your residence in Korea.

But I think that all of this would be, at a minimum, a violation of the spirit of the rules, and at worst could create a big mess. Personally, I wouldn't try it.

[emilyjsh 0]

Just talked with another lawyer (free consultation-yay!) and he said they are no longer doing DCF in Seoul?

[Penguin_ie 5,996]

Just talked with another lawyer (free consultation-yay!) and he said they are no longer doing DCF in Seoul?

Not true. They stopped doing DCF in a lot of places, but South Korea still has it, as they have a local USCIS office: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

[MattandJihyun 4]

Not true. They stopped doing DCF in a lot of places, but South Korea still has it, as they have a local USCIS office: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

Yeah I just did DCF for Seoul. My I-130 got approved in exactly a month.

The only thing is I did my petition when I was actually living in Korea. So I was able to put on the I-130 paperwork that I actually had a address in South Korea and that I've been living there for years. So soon as I gave my I-130 paper in person to the Embassy I flew out of Korea to TX at the end of that same month and I still qualified for DCF.

Doing it from the US though I think you would have to file it at the lockbox because it asks you where you currently reside at. I mean you can fly to South Korea and go to the US Embassy and try and file it personally through DCF and see if the man will take it.

There was a older Korean man reviewing all the I-130s / G325As when we filed. He didn't even really care to see if we qualified for DCF or not. He just knew I was military and asked me when I plan on leaving the country. I told him I was leaving that same month and he yelled at me saying why I didn't file it sooner. He wrote the day I was leaving on the top of my paperwork and then put it in the stack with all the rest of the I-130s.

Edited February 22, 2012 by MattandJihyun

[emilyjsh 0]

God bless old, cranky Korean men yelling at wae-guk-ins Can't wait!

Edited February 23, 2012 by emilyjsh