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DCF Manila Situation- Resident trying to file dcf

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intersect   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Hi All,

Here is a little backstory. I am an american citizen, i lived in the Philippines for about, 9 years as a permanent resident. I met my wife around 4 years ago, and it was the happiest day of my life. On Oct 2012 I decided to move back to the US to pursue employment. Then On February 8, 2013, I returned to the Philippines to marry my wife. So at the time of writing, we have only been married for a couple of days. I am currently back in the US, working, and she is still in the Philippines.

I was wondering if it is possible to do the DCF approach given my situation. I am living in the US, working in the US, but I havent been here for long. I want to be with my wife ASAP, because it is such an emotional burden to be apart from the woman.

I know this will mean that I will have to travel back and forth, but I honestly dont mind, since, my priority is to reunite with her as soon as possible.

Would my situation create any complications since I am currently living and working in the US? Do I have to be in the Philippines during the whole process? Thanks for the assistance.

Another thing, do you guys know where I can get started on how to execute this?

Our Time Line
---------------------------
CR-1/CR-2
---------------------------

USCIS Stage:
02/26/2013 - Sent I130 to Phoenix
02/27/2013 - Delivered to Phoenix
03/01/2013 - NOA1 by Text/Email Sent to NBC
03/04/2013 - Check for I130 Cashed.
03/06/2013 - Received Hard Copy of NOA1

04/08/2013 - Transferred to Local Office (San Diego, CA)

05/21/2013 - NOA2 (Online)

05/25/2013 - NOA2 Hard Copy

07/02/2013 - Received Case Number NVC (Received DS-3032 / I-864 Bill)

07/07/2013 - Paid I-864

07/08/2013 - Sent DS-3032

07/09/2013 - Received Payment

07/22/2013 - Sent I-864 Package

07/22/2013 - Resent DS-3032 (ATTN: supervisor)

07/22/2013 - Received DS-3032

07/23/2013 - IV invoiced

07/23/2013 - DS-3032 Invoiced

07/23/2013 - DS-3032 Paid

07/25/2013 - IV payment recieved/coversheet available

07/26/2013 - I864 Delivered

07/26/2013 - IV Sent

07/29/2013 - IV Delievered

08/16/2013 - Recieved Checklist for I-864

08/20/2013 - NVC recieved Checklist for I-864

08/23/2013 - Recieved False Checklist for (DS-3032, waiting for changes in I-864)

09/16/2013 - Case Complete

11/07/2013 - Interview

12/02/2013 - Visa Issued

intersect Explorer

intersect   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted

HI,

Im thinking about filing the dcf way in the Embassy in Manila. I am currently working abroad at the moment, but I do maintain a residence in the PHilippines via my wife. I have an alien card, because I lived in the PH for about 12 years, just recently started working in the US (4 mos), and in between that already have one visit to the Philippines. I asked the embassy if i can file the dcf way, and they said they want me to submit proof of residency. I can do that, but not now, since i just came from the philippines, and might have to save some money. I can get a lawyer though, since my wife's mother is a lawyer in the Philippines. Will that be enough? will a philippine lawyer work? Will there be a conflict of interest? Thanks

Our Time Line
---------------------------
CR-1/CR-2
---------------------------

USCIS Stage:
02/26/2013 - Sent I130 to Phoenix
02/27/2013 - Delivered to Phoenix
03/01/2013 - NOA1 by Text/Email Sent to NBC
03/04/2013 - Check for I130 Cashed.
03/06/2013 - Received Hard Copy of NOA1

04/08/2013 - Transferred to Local Office (San Diego, CA)

05/21/2013 - NOA2 (Online)

05/25/2013 - NOA2 Hard Copy

07/02/2013 - Received Case Number NVC (Received DS-3032 / I-864 Bill)

07/07/2013 - Paid I-864

07/08/2013 - Sent DS-3032

07/09/2013 - Received Payment

07/22/2013 - Sent I-864 Package

07/22/2013 - Resent DS-3032 (ATTN: supervisor)

07/22/2013 - Received DS-3032

07/23/2013 - IV invoiced

07/23/2013 - DS-3032 Invoiced

07/23/2013 - DS-3032 Paid

07/25/2013 - IV payment recieved/coversheet available

07/26/2013 - I864 Delivered

07/26/2013 - IV Sent

07/29/2013 - IV Delievered

08/16/2013 - Recieved Checklist for I-864

08/20/2013 - NVC recieved Checklist for I-864

08/23/2013 - Recieved False Checklist for (DS-3032, waiting for changes in I-864)

09/16/2013 - Case Complete

11/07/2013 - Interview

12/02/2013 - Visa Issued

Penguin_ie Grand Master

Penguin_ie   5,997

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

I am not sure the embassy will accept you as residing in the Philipines when you, a US citizen, currently work in the USA.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

dave01 Enthusiast

dave01   16

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Philippines
 Timeline
Posted

HI,

Im thinking about filing the dcf way in the Embassy in Manila. I am currently working abroad at the moment, but I do maintain a residence in the PHilippines via my wife. I have an alien card, because I lived in the PH for about 12 years, just recently started working in the US (4 mos), and in between that already have one visit to the Philippines. I asked the embassy if i can file the dcf way, and they said they want me to submit proof of residency. I can do that, but not now, since i just came from the philippines, and might have to save some money. I can get a lawyer though, since my wife's mother is a lawyer in the Philippines. Will that be enough? will a philippine lawyer work? Will there be a conflict of interest? Thanks

It is only my opinion but I think you could possibly end up in a lot of trouble and get your wife banned forever. Lying to the USCIS isn't taken lightly. If you are getting income from the US and their taking taxes out you will get caught. If i were you I'd either come back for the 6 months it takes to apply from here or if you have to stay in the US and work for a year just apply from there. Don't ruin your chances by committing fraud.

intersect Explorer

intersect   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted

I was thinking the same thing. I am planning to return to the Philippines, find employment there, and wait till i complete the whole process which is about 6 months. But my question is, upon my return to the Philippines, do you think it would be possible to file immediately? Even though I was away from the country for 4 months?

How bout domicile and affidavit of support? If i dont have a us paying job, how will i file the affidavit of support? For domicile, could i use my brothers address? Would that be enough?

Our Time Line
---------------------------
CR-1/CR-2
---------------------------

USCIS Stage:
02/26/2013 - Sent I130 to Phoenix
02/27/2013 - Delivered to Phoenix
03/01/2013 - NOA1 by Text/Email Sent to NBC
03/04/2013 - Check for I130 Cashed.
03/06/2013 - Received Hard Copy of NOA1

04/08/2013 - Transferred to Local Office (San Diego, CA)

05/21/2013 - NOA2 (Online)

05/25/2013 - NOA2 Hard Copy

07/02/2013 - Received Case Number NVC (Received DS-3032 / I-864 Bill)

07/07/2013 - Paid I-864

07/08/2013 - Sent DS-3032

07/09/2013 - Received Payment

07/22/2013 - Sent I-864 Package

07/22/2013 - Resent DS-3032 (ATTN: supervisor)

07/22/2013 - Received DS-3032

07/23/2013 - IV invoiced

07/23/2013 - DS-3032 Invoiced

07/23/2013 - DS-3032 Paid

07/25/2013 - IV payment recieved/coversheet available

07/26/2013 - I864 Delivered

07/26/2013 - IV Sent

07/29/2013 - IV Delievered

08/16/2013 - Recieved Checklist for I-864

08/20/2013 - NVC recieved Checklist for I-864

08/23/2013 - Recieved False Checklist for (DS-3032, waiting for changes in I-864)

09/16/2013 - Case Complete

11/07/2013 - Interview

12/02/2013 - Visa Issued

dave01 Enthusiast

dave01   16

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Philippines
 Timeline
Posted

I was thinking the same thing. I am planning to return to the Philippines, find employment there, and wait till i complete the whole process which is about 6 months. But my question is, upon my return to the Philippines, do you think it would be possible to file immediately? Even though I was away from the country for 4 months?

How bout domicile and affidavit of support? If i dont have a us paying job, how will i file the affidavit of support? For domicile, could i use my brothers address? Would that be enough?

proving domicile is fairly easy to do but the support can be a problem for some people without a co sponsor. You should have filed before you left, now you will have to wait 6 months before you file. Once you have filed you could leavr the country if you want. They are very strict about the 6 months.

intersect Explorer

intersect   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted

So you are saying that I have to live in the Philippines for another 6 months, then file the petition? Is that correct?

I cant just go back to the Philippines permanetly, find a job, and lets say after a month file the petition? I still maintain my 13g permanent resident visa in the philippines and before i left I paid my annual fees in immigration.

Our Time Line
---------------------------
CR-1/CR-2
---------------------------

USCIS Stage:
02/26/2013 - Sent I130 to Phoenix
02/27/2013 - Delivered to Phoenix
03/01/2013 - NOA1 by Text/Email Sent to NBC
03/04/2013 - Check for I130 Cashed.
03/06/2013 - Received Hard Copy of NOA1

04/08/2013 - Transferred to Local Office (San Diego, CA)

05/21/2013 - NOA2 (Online)

05/25/2013 - NOA2 Hard Copy

07/02/2013 - Received Case Number NVC (Received DS-3032 / I-864 Bill)

07/07/2013 - Paid I-864

07/08/2013 - Sent DS-3032

07/09/2013 - Received Payment

07/22/2013 - Sent I-864 Package

07/22/2013 - Resent DS-3032 (ATTN: supervisor)

07/22/2013 - Received DS-3032

07/23/2013 - IV invoiced

07/23/2013 - DS-3032 Invoiced

07/23/2013 - DS-3032 Paid

07/25/2013 - IV payment recieved/coversheet available

07/26/2013 - I864 Delivered

07/26/2013 - IV Sent

07/29/2013 - IV Delievered

08/16/2013 - Recieved Checklist for I-864

08/20/2013 - NVC recieved Checklist for I-864

08/23/2013 - Recieved False Checklist for (DS-3032, waiting for changes in I-864)

09/16/2013 - Case Complete

11/07/2013 - Interview

12/02/2013 - Visa Issued

dave01 Enthusiast

dave01   16

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Philippines
 Timeline
Posted

So you are saying that I have to live in the Philippines for another 6 months, then file the petition? Is that correct?

I cant just go back to the Philippines permanetly, find a job, and lets say after a month file the petition? I still maintain my 13g permanent resident visa in the philippines and before i left I paid my annual fees in immigration.

when you show them your income tax returns for the I-864 it will show that you were in the US working. If you were working for cash only you may get away with it but the safe way would be to wait the 6 months. With the 13a you would be ok, it's just the fact that you left the country for more than a vacation, you left it to work. It could be a problem. If I was you I would email the USCIS and ask them, then you would know for sure. MPHInquiry.CIS@dhs.gov

Penguin_ie Grand Master

Penguin_ie   5,997

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

*** two topics on the same issue merged. Please do not start more than one thread on a question ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

 
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