DCF in Ukraine

[Pizzicato 0]

Hello Visa Journey members! I'm brand new to this site, and wondering if anyone has recently done a DCF in Ukraine. I may have the opportunity to stay in Ukraine for some time, so I was thinking a DCF would make the most sense for me. I wrote the U.S. embassy in Kiev for more information, but I'm now not sure if a DCF is possible.

I'll summarize my questions, with the embassy's exact response below. I'm putting my follow up questions in [brackets].

Q: Since I-130 applications now go to a USCIS office in Chicago, is this still considered a "direct consular filing"?

A: USCIS handles the I-130 portion of the application; the post makes the decision to grant a visa. It is not considered a “direct consular filing”. [OK, so can a direct consular filing be done from Ukraine any more? Maybe not--see below.]

Q: How long does it take to process a visa this way?

A: Once the petition is approved, the USCIS sends the case to the post. It takes about eight months for the case to get to the post. [if I'm living in the country I thought the processing time was much shorter, like 3 months. But again, I guess this isn't a DCF...]

Q: What's the residency requirement in Ukraine before I can apply for a DCF?

A: Effective August 15, 2011, petitioners residing overseas will no longer be able to routinely file Forms I-130, Petitions for Alien Relative, with U.S. Embassies and Consulates except in locations where U.S. Citizenship and Immigration Services (USCIS) has a public counter presence within the Embassy or Consulate. Petitioners residing overseas in countries where USCIS does not have a public counter presence (including Ukraine) will be required, starting August 15, 2011, to file their Forms I-130 by mail with the USCIS Chicago lockbox. [OK, so no mention of a residency period, so is there any advantage in terms of processing speed if I'm resident in Ukraine?]

I'd appreciate any information or advice you might have! It may just not be possible to do a DCF in Ukraine at this time.

[Ryan H 3,821]

It may just not be possible to do a DCF in Ukraine at this time.

As the Embassy told you, there is no USCIS field office in Ukraine, DCF will not be possible.

so is there any advantage in terms of processing speed if I'm resident in Ukraine?

Write your Ukraine address on the I-130, while not guaranteed, it is very likely your petition will make it's way into a "US petitioner lives overseas where DCF is unavailable" queue. A file that makes it's way into this queue will be adjudicated quickly.

USCIS operators will deny such a queue exists, however, reports from other VJ members suggest otherwise.

[Pizzicato 0]

As the Embassy told you, there is no USCIS field office in Ukraine, DCF will not be possible.

Write your Ukraine address on the I-130, while not guaranteed, it is very likely your petition will make it's way into a "US petitioner lives overseas where DCF is unavailable" queue. A file that makes it's way into this queue will be adjudicated quickly.

USCIS operators will deny such a queue exists, however, reports from other VJ members suggest otherwise.

Thanks Ryan H. Just a few follow up comments, for you or anyone:

--I wonder in how many other countries besides Ukraine is DCF not available? If it's possible to compile a list it might be a good addition to the DCF Guide on VJ.

--It sounds like I face a choice: I can officially move to Ukraine and then maybe get the "fast track" processing you mention, but then I have to figure out the domicile issue with the I-864 (it's a shame USCIS won't just look at income/assets to prove my ability to support). Or I keep my US domicile, accept the longer processing time, and just make a lot of trips back and forth to Ukraine to visit my spouse. Any thoughts?

--Has immigration fraud and the I-864 sponsorship agreement been discussed much on VJ? Is there a problem of immigrant spouses entering the US, then divorcing the US citizen, then suing the US citizen for 10 years of support at 125% of the poverty level? What I couldn't tell from the I-864 is whether a divorced immigrant spouse earning 125% or more of the poverty level on his or her own is still entitled to ex-spousal support for 10 years. Any thoughts?

Thanks.

[Ryan H 3,821]

--I wonder in how many other countries besides Ukraine is DCF not available? If it's possible to compile a list it might be a good addition to the DCF Guide on VJ.

A better question is where is DCF available, if a country is on this list of USCIS field offices overseas, then DCF is available. If a country is not on that list, DCF is unavailable.

(it's a shame USCIS won't just look at income/assets to prove my ability to support).

USCIS doesn't make the determination on whether or not the intending immigrant is likely to become a public charge, a CO at the Embassy makes that determination.

Or I keep my US domicile, accept the longer processing time, and just make a lot of trips back and forth to Ukraine to visit my spouse. Any thoughts?

If you can maintain your US domicile while you live abroad, or show intent to re-establish a US domicile when filing the I-864, then you will meet that requirement. Others who have been in that position can answer the 'how to' questions better than me.

--Has immigration fraud and the I-864 sponsorship agreement been discussed much on VJ? Is there a problem of immigrant spouses entering the US, then divorcing the US citizen, then suing the US citizen for 10 years of support at 125% of the poverty level? What I couldn't tell from the I-864 is whether a divorced immigrant spouse earning 125% or more of the poverty level on his or her own is still entitled to ex-spousal support for 10 years. Any thoughts?

The I-864 is a contract between the US government and the sponsor that the immigrant will not become a public charge. If the immigrant were to receive means tested benefits, the government could file suit against the sponsor (or sponsors) to recover the costs of said benefits provided to the immigrant.

The I-864 is enforceable until on of the following occurs:

The immigrant is credited with 40 quarters of work

Immigrant becomes a US Citizen

Sponsor or immigrant pass away

The issue of support in regards to a divorce has nothing to do with the I-864, that's another issue in the area of family law and laws can and do vary from state to state.