dcf on Tourist vist

[sts 2]

I.V been living with my a Filipina, in the philippines for a year on a tourist visa, i am now ready to apply for my IR1 visa. Can i apply I-130 in manila under a {DCF} or do i need to send the I-130 to the Chicago Lockbox. thank you

[Ryan H 3,812]

I.V been living with my a Filipina, in the philippines for a year on a tourist visa, i am now ready to apply for my IR1 visa. Can i apply I-130 in manila under a {DCF} or do i need to send the I-130 to the Chicago Lockbox. thank you

To get the semantics out of the way, you don't apply for an I-130 or an IR-1 visa. The US Citizen files an I-130 petition, the foreign spouse applies for an IR-1 visa if they have been married to the petitioner for 2 or more years. If they have been married to the petitioner for less than two years, the foreign spouse will apply for a CR-1 visa.

To answer your question, DCF will not be possible living in the Philippines on a tourist visa, you will have to send your I-130 and accompanying documents to the Chicago lockbox.

[sts 2]

To get the semantics out of the way, you don't apply for an I-130 or an IR-1 visa. The US Citizen files an I-130 petition, the foreign spouse applies for an IR-1 visa if they have been married to the petitioner for 2 or more years. If they have been married to the petitioner for less than two years, the foreign spouse will apply for a CR-1 visa.

To answer your question, DCF will not be possible living in the Philippines on a tourist visa, you will have to send your I-130 and accompanying documents to the Chicago lockbox.

sorry Ryan your right I don't apply for I-130 I petition on behalf of my wife.... Also I have a joint bank account with my wife here in the philippines, a identification card saying i've been here for at lest 6 month and all my receipts from immigration since January 2010, i also been renting a house for the last year. by the time We go back to usa i will be married for over 2 years.

Edited March 27, 2012 by sts

[sts 2]

sorry Ryan your right I don't apply for I-130 I petition on behalf of my wife.... Also I have a joint bank account with my wife here in the philippines, a identification card saying i've been here for at lest 6 month and all my receipts from immigration since January 2010, i also been renting a house for the last year. by the time We go back to usa i will be married for over 2 years.

Sorry Rayn your giving out bad information, i email immigration in manila the other day on this question. this is there response.

If you are a U.S. citizen, permanently residing in the Philippines, i.e., in possession of an alien certificate of registration, etc., you may directly file the petition at our customer service window, Window 25, U.S. Embassy, Manila. The window is open Mondays to Fridays, except holidays, between the hours of 0800 and 1200. Service is on first-come-first-serve basis. Attachments are for your information and compliance. If you think you are eligible, you may file the petition with our office.

Residency

USCIS Manila accepts applications and petitions from an individual who can establish residency in one of the

countries listed above. Section 101(a)(33) of the Immigration and Nationality Act defines "residence" as the

"place of general abode; the place of general abode of the person means his principal, actual dwelling place in

fact, without regard to intent." Residency must be established by the petitioner when filing a petition, or by

the applicant when filing an application.

[Penguin_ie 5,993]

I would say Ryan is right. The embassy told you that you had to me "permanently residing", which a tourist visa is not. That being said, the embassy has discretion to allow a lot of things with DCF, so it's worth a try to file.