DCF Help!

[Charlie&Nelly 8]

Hello, I'm gathering all documents to filing through Ciudad Juarez Consulate, but i'm not sure about some stuffs. Pls i need help!

My wife and I have been living in Rosarito, Mexico for about 4 years (me on turist visa), but i got my legal resident status in Mexico about 3 months ago (May). Can i file DCF? or Should i wait?. Also, Can I start my process in the Tijuana Consulate?

Mi wife has dual citizenship (Colombian and Mexican),but she wants to file as a Colombian. Will it be a problem, since she is Mexican citizenship and currently living in Mexico?

I have been trying to call Ciudad Juarez Consulate, but they have not idea what i'm talking about and also they speak very poor english.

Thank you for your help!

[harrisonthai 1]

you have to be a current permanent resident for at least 6 months before you can file DCF in any given country. other people with more knowledge, correct me if im wrong.

[Charlie&Nelly 8]

Thank you for your replay!

[bellavita38 1]

Hi all. I am getting ready to apply for DCF I-130 from overseas. I am here visiting my fiance for 6 months now and will meet the residency requirement. Does anyone know if dual citizens require Certificate of Residence or a Foreigners' Permit to Stay?

Thanks

Also, we are going to get married while we are together here overseas. How can we prove joint assets if we will get married in teh next 2 months? I will need marriage license to change bank records once we return to the USA. Any advice?

[lost_at_sea 995]

Shared accounts or assets are not *required*. Proving bonafide relationship through other means, akin to what k1 applicants show, is sufficient, particularly when applying for the CR-1.

Newly weds married less than 2 years when they enter the US (CR-1 visa) are given 2 year conditional green cards for the very reason that it's difficult to prove co-mingling assets when first married (esp. if one half of the couple is abroad). When you remove the conditions of the 2 year GC, co-mingled assets are more expected.

Edited August 8, 2013 by lost_at_sea

[bellavita38 1]

Shared accounts or assets are not *required*. Proving bonafide relationship through other means, akin to what k1 applicants show, is sufficient, particularly when applying for the CR-1.

Newly weds married less than 2 years when they enter the US (CR-1 visa) are given 2 year conditional green cards for the very reason that it's difficult to prove co-mingling assets when first married (esp. if one half of the couple is abroad). When you remove the conditions of the 2 year GC, co-mingled assets are more expected.

Thank you. That is very helpful.

One more question for you and thislovely group:

I read that a US Citizen living overseas that wishes to complete the I-864, Affidavit of Support, for their spouse (as part of the DCF process to get an Immigrant Visa) will be required to have U.S. domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864. I do not understand what this means. Can you help me with this?

[lost_at_sea 995]

Thank you. That is very helpful.

One more question for you and thislovely group:

I read that a US Citizen living overseas that wishes to complete the I-864, Affidavit of Support, for their spouse (as part of the DCF process to get an Immigrant Visa) will be required to have U.S. domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864. I do not understand what this means. Can you help me with this?

Yep.

Sooooo... what that means in a nutshell is to be allowed to sponsor your spouse for a visa you need to show that you have either maintained your US domicile (any number of these sorts of things: you have a home there, a job, a voting record, a drivers licence, US bank accounts etc.) or you intend to re-establish your domicile (any number of: you are looking for a new home, a new job, opening accounts, getting quotes from shippers for your stuff, talking to realtors etc.).

Basically they want to know you are either maintaining a US residence or intend to have one ASAP. If you're not intending to live in the US again (and making appropriate moves to make that happen), then you can't sponsor your spouse's visa.

There's further explanation on this here: http://travel.state.gov/visa/immigrants/info/info_3183.html#3

You'll note you either need to move to the US before your spouse or with them, for the same reason. It's to stop people sponsoring family from abroad, I guess, who have no intent to be US residents themselves (the point of family visas are for the purpose of "family reunification" you see).

Edited August 8, 2013 by lost_at_sea

[bellavita38 1]

Yep.

Sooooo... what that means in a nutshell is to be allowed to sponsor your spouse for a visa you need to show that you have either maintained your US domicile (any number of these sorts of things: you have a home there, a job, a voting record, a drivers licence, US bank accounts etc.) or you intend to re-establish your domicile (any number of: you are looking for a new home, a new job, opening accounts, getting quotes from shippers for your stuff, talking to realtors etc.).

Basically they want to know you are either maintaining a US residence or intend to have one ASAP. If you're not intending to live in the US again (and making appropriate moves to make that happen), then you can't sponsor your spouse's visa.

There's further explanation on this here: http://travel.state.gov/visa/immigrants/info/info_3183.html#3

You'll note you either need to move to the US before your spouse or with them, for the same reason. It's to stop people sponsoring family from abroad, I guess, who have no intent to be US residents themselves (the point of family visas are for the purpose of "family reunification" you see).

[bellavita38 1]

It sounds so simple once explained. i have every intention to return and have assets and jobs still standing, drivers license all bills in the USA, so if that's all, I should be ok. I just have to show proof.

I intend to fly back to USA once I know the I-130 is in the clear to begin preparing and then my husband will come shortly after he is approved. that is the theory - fingers crossed.

It is my understanding that once i submit the I-130 in person or mail in Rome, I can leave the country and return to the USA without issues. Correct? The rest will be handled by my husband here.

thanks!

[lost_at_sea 995]

It sounds so simple once explained. i have every intention to return and have assets and jobs still standing, drivers license all bills in the USA, so if that's all, I should be ok. I just have to show proof.

I intend to fly back to USA once I know the I-130 is in the clear to begin preparing and then my husband will come shortly after he is approved. that is the theory - fingers crossed.

It is my understanding that once i submit the I-130 in person or mail in Rome, I can leave the country and return to the USA without issues. Correct? The rest will be handled by my husband here.

thanks!

Yeah - that sounds like you have plenty to show that your Italian stay is simply temporary. Should be totally fine.

And yep - you can move as soon as they've given you a receipt for the I-130 (I'd wait for that, just incase you miss something in the filing and they ask for it to be re-submitted). The I-130 approval letter will be mailed to you (but likely that'll be at the same address as your husband anyway, right?) then he'll be invited to send in all the forms for the actual visa application etc. You won't need to be there, but you will have to furnish him with the I-864.

[bellavita38 1]

Must the Affidavit of Support be files from the USA or can I submit it here with the I-130?

thanks

[lost_at_sea 995]

Must the Affidavit of Support be files from the USA or can I submit it here with the I-130?

thanks

No, it isn't submitted with the I-130. It's not part of the I-130 petition, and they'll likely just throw it away if you did send it.

The I-864, for DCF cases, is normally taken with the visa applicant to the interview. Some embassies may ask for it with the DS visa application forms. The affidavit of support will be the I-864 form + your tax returns, normally. It doesn't matter whether you're in the US or Italy when you complete it.

Edited August 8, 2013 by lost_at_sea

[harrisonthai 1]

I know for the Frankfurt Consulate, the I-864 is in packet 3. Anyways, all the documents you need for proof of domicile is in the instructions of the I-864. You can find it on the USCIS website under forms.