Starting a petition. Need a lot of help and clarification.

[Gakkykiba 3]

Hello guys,

I am planning to petition my wife and we've been doing quite a lot of research but there is just too much information that makes it so confusing and we are anxious to make mistakes. We are planning to do it all right so it can go well and smooth that is why we are here asking for assistance and we wanna thank everyone here in advance.

Details:

We are both Filipino and I am a US Permanent Resident / Green card holder.

My US Timeline:
2004 - Went to US as a Tourist

2007 - Went back to US as a Permanent Resident

2007 - After 6 months went back to PI to finish school.

2009 - Went back to US as Permanent Resident. Attended and graduated College in NV.

2012 - (Feb) Went back home to the Philippines to study again for a Second Degree.

2013 - (Dec) Went back to US for 2-week vacation on a re-entry permit

2013 - (January) Went back here until now and planning go back to US this Nov. (Only allowed to stay no more than a year outside the states as a Permanent Resident)

***As you can see in my timeline, I've been a Green Card holder for quite some time and have never finished my Naturalization for 5 years.

My wife and I went to the same grade school. We got reconnected online thru multiple common friends last 2011 while I was in the US. We've been in a Long Distance Relationship for 7 months before I went back in the Philippines in Feb of 2012 we have been together since and been living under the same roof since 2012. We then got married last March of 2014 and both still currently residing under the same roof here in the Philippines.



Questions:

1.I won't be finish with my second degree until 2 years tops. The plan is to petition her while I am studying here so we can wait for the application together and hopefully leave together as well after my school ends. Will that plan work?

2. Since we're both residing here and by reading here and there I believe I have to file DCF? Is that correct?

3. I've worked in the US for about 2 years before I left, but after that I've just been a full time student and my wife worked before as well here in the Philippines, but currently unemployed. My Mother agreed to Sponsor us on I-864. Will our unemployment be a problem?

4. Are the steps on DCF pretty much the same as the steps and processes for the I-130 guide posted here:
http://www.visajourney.com/content/i130guide1?

That is all for now.

THANK YOU SO MUCH IN ADVANCE.

[Harpa Timsah 13,258]

The big problem in your plan is that you are only a LPR. The wait for spouses of LPRs is many years, because they need to wait for an available visa number. Unless very few people apply for your category in the next few months, the wait will remain years.

LPRs can file DCF, but I see no advantage, because of the wait for a visa number. Good luck.

[Gakkykiba 3]

The big problem in your plan is that you are only a LPR. The wait for spouses of LPRs is many years, because they need to wait for an available visa number. Unless very few people apply for your category in the next few months, the wait will remain years.

LPRs can file DCF, but I see no advantage, because of the wait for a visa number. Good luck.

Hello Harpa thanks for the quick reply. By "Many years" what average waiting time are we looking at? 2, 3 years? As long as it doesn't go beyond 3 years I think we can wait for it. Thank you.

[Harpa Timsah 13,258]

Check out the "visa bulletin" for your category, so see what date cases they are working on. That date can go up or down. Good luck.

[southcoast 27]

It is about 2 years currently for this category. I would be more worried about a claim that you have abandoned your LPR status. There are certain time frames that you cant exceed, but even if you are in compliance with those the officer can look at the overall situation. I'd be careful with your characterization of your trip to the US as a "vacation". You are a LPR only so long as you continue to be a resident. Anyway, you should probably speak with someone about this issue.

[Gakkykiba 3]

Check out the "visa bulletin" for your category, so see what date cases they are working on. That date can go up or down. Good luck.

Okay. I've checked it and will research more about it. Is there a case like ours where an LPR outside the US petitioned his spouse thru DCF? What are our chances?

It is about 2 years currently for this category. I would be more worried about a claim that you have abandoned your LPR status. There are certain time frames that you cant exceed, but even if you are in compliance with those the officer can look at the overall situation. I'd be careful with your characterization of your trip to the US as a "vacation". You are a LPR only so long as you continue to be a resident. Anyway, you should probably speak with someone about this issue.

2 years? That is good to know. Also, I would not say I abandoned my LPR status. The first time I left the US, they granted me a re-entry permit which allowed me to stay for about 2 years outside the US to study but this time I have no re-entry permit and have to go back before a year. I think I should be fine as long as I have a completely valid reason, and education I think is acceptable. Thanks for the concern and I will surely keep this issue in mind and prepare for it in case something comes up with it.

[Gakkykiba 3]

Okay, I got so confused now. Since I am an LPR outside of the US I don't know where should I really file? Can I file thru DCF? Because I cannot see any info regarding LPRs filing thru DCF. Please help! Where should I file and what steps should be taken?

[NigeriaorBust 4,087]

There is a user danielenglish that used DCF as an LPR through the UK He is currently stuck waiting on a visa number. Have you maintained your residence in the US and filed taxes for the years you have been gone ?

[Gakkykiba 3]

There is a user danielenglish that used DCF as an LPR through the UK He is currently stuck waiting on a visa number. Have you maintained your residence in the US and filed taxes for the years you have been gone ?

Okay thanks for that, i'll send him amessage. What do you mean "maintained" my residence? I'm pretty sure I that I haven't done anything to abandon my residency. As for the taxes, I've filed one after I left last 2012, but never again after that. Am I still supposed to file even if im unemployed and away from the US? Oh my.....

Thanks for all the help