Help!!! DCF in Manila

[MCGCB 3]

Hi! Im from the philippines. My fiancé is Filipino-American, and a resident of the Philippines since birth. He's been to the US several times, but only for short visits/family trips. His parents are based in the Philippines, mine are in California USA. I have never been to the US. Im not petitioned by my parents, and I have no previous attempts in getting a US VISA. Our plan is to go to the US on June 2014. So we are thinking of getting married here this Month then file for DCF after 30 days. However we are not sure if this is the best plan. We are not yet sure if we can even apply for DCF. He doesn't have a job in the US, but he has a relative who is willing to sponsor. What are the requirements for DCF? How long is the process?

[doug/sherry 26]

What is DCF?

[lost_at_sea 995]

What is DCF?

Direct Consular Filing. http://www.visajourney.com/wiki/index.php/DCF

[lost_at_sea 995]

Hi! Im from the philippines. My fiancé is Filipino-American, and a resident of the Philippines since birth. He's been to the US several times, but only for short visits/family trips. His parents are based in the Philippines, mine are in California USA. I have never been to the US. Im not petitioned by my parents, and I have no previous attempts in getting a US VISA. Our plan is to go to the US on June 2014. So we are thinking of getting married here this Month then file for DCF after 30 days. However we are not sure if this is the best plan. We are not yet sure if we can even apply for DCF. He doesn't have a job in the US, but he has a relative who is willing to sponsor. What are the requirements for DCF? How long is the process?

Requirements for DCF are usually that the petitioner has been resident in the country for long enough (since he's been there since birth, then he is going to qualify - minimum is usually 6 months, sometimes a year). So... you're probably good to go. You obviously also know you need to be married.

Your main difficulty is going to be the I-864.

Although you can use a joint sponsor (a USC/LPR in the US who is over 18 and making enough money can be a joint-sponsor), the primary sponsor (the USC spouse) must also complete their own I-864, even if it states $0, but this means they must either have a US domicile or have a good-faith evidence that they are going to be re-establishing one (such as... having somewhere to live, a job offer, bank accounts, voting records... that sort of thing). USCs are also required to file US tax returns, so if he hasn't been filing those, he should probably back file.

Google "I-864 instructions" to get the PDF, and read the "Domicile" section carefully. There's also some information on this on Manila's embassy website: http://manila.usembassy.gov/domicilerequirements.html

DCF varies by country, but it takes about 3 - 6 months.

Edited January 9, 2014 by lost_at_sea

[Darnell 8,478]

it sounds like he never had domicile in the USA and no work , not paid USA taxes.

Even though he could meet the 'time in the PI' requirement, I'm not sure if he qualifies as a USCitizen, yet.

I suggest you dig a little more, to be certain.

[MCGCB 3]

Requirements for DCF are usually that the petitioner has been resident in the country for long enough (since he's been there since birth, then he is going to qualify - minimum is usually 6 months, sometimes a year). So... you're probably good to go. You obviously also know you need to be married.

Your main difficulty is going to be the I-864.

Although you can use a joint sponsor (a USC/LPR in the US who is over 18 and making enough money can be a joint-sponsor), the primary sponsor (the USC spouse) must also complete their own I-864, even if it states $0, but this means they must either have a US domicile or have a good-faith evidence that they are going to be re-establishing one (such as... having somewhere to live, a job offer, bank accounts, voting records... that sort of thing). USCs are also required to file US tax returns, so if he hasn't been filing those, he should probably back file.

Google "I-864 instructions" to get the PDF, and read the "Domicile" section carefully. There's also some information on this on Manila's embassy website: http://manila.usembassy.gov/domicilerequirements.html

DCF varies by country, but it takes about 3 - 6 months.

Thanks for the info.About the tax returns, can that be filed in the Philippines? Does the bank account needs to be a bank in the US? Can a dollar account in the Philippines do?

[MCGCB 3]

it sounds like he never had domicile in the USA and no work , not paid USA taxes.

Even though he could meet the 'time in the PI' requirement, I'm not sure if he qualifies as a USCitizen, yet.

I suggest you dig a little more, to be certain.

He is a US Citizen since birth. Thanks for the advise! I'll dig a liitle more.

[lost_at_sea 995]

Thanks for the info.About the tax returns, can that be filed in the Philippines? Does the bank account needs to be a bank in the US? Can a dollar account in the Philippines do?

You'll need to have a dig about on the IRS website for specifics: http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad

[MCGCB 3]

Thanks!

[MCGCB 3]

Guys, is it possible to start processing for DCF VISA even if we are not yet married? Like medical exam, having our US sponsor approved, etc. Our wedding is on Jan23 and it takes a month to get the marriage certificate in the Philippines. I thought maybe its better to prepare all docs while waiting for marriage certificate. I dont know who to ask about this.

[lost_at_sea 995]

Guys, is it possible to start processing for DCF VISA even if we are not yet married? Like medical exam, having our US sponsor approved, etc. Our wedding is on Jan23 and it takes a month to get the marriage certificate in the Philippines. I thought maybe its better to prepare all docs while waiting for marriage certificate. I dont know who to ask about this.

No. You must be married to file the I-130.

You can prepare your documents, but you can't submit it until you have your marriage certificate in hand to include.

[MCGCB 3]

Ok. That will take a long time. Maybe k1 will be if thats the case... :-(

Ok. That will take a long time. Maybe k1 will be the faster route if thats the case... :-(

[lost_at_sea 995]

Ok. That will take a long time. Maybe k1 will be if thats the case... :-(

Ok. That will take a long time. Maybe k1 will be the faster route if thats the case... :-(

You can't get married in Jan if you want the K1. DCF may still be quicker, too. Study the timelines.

[MCGCB 3]

You can't get married in Jan if you want the K1. DCF may still be quicker, too. Study the timelines.

Really? That means its really fast to get dcf. How long does it usuallg take for k1?

[lost_at_sea 995]

Really? That means its really fast to get dcf. How long does it usuallg take for k1?

It varies. Click "timelines" above to look at recent approval speeds.