Residency requirement for DCF

[RICHARD RILEY 0]

Arrived here in Philippines in August 2012 and had to leave for 3 days in August 2015 because of expiration of tourist visa extensions. Does my time in country for the 6 months residency to file DCF start over again from August 2015? In other words can I file my I-130 petition now or do I have to wait until February 2016?

[aaron2020 11,651]

Hi,

You can not make a DCF based on a visitor visa. You need actual authorization to legally live in the PI to meet the residency requiremeant. A visitor visa holder does not have residency - you are visiting the PI and do not live there legally.

[Gergzzz 0]

Aaron technically you are correct, however US Embassies in several countries do accept tourist visas as meeting the residency requirement, provided supporting evidence is also presented (copies of lease agreement, Philippines vehicle registration, et al). Philippines is one of those countries accepting tourist visas for DCF.

Richard that's actually a great question...I would recommend you call USCIS at the Embassy in Manila, they should be able to provide you a definitive answer. The # is (assuming you're calling locally) (02) 301-2000, x2224. Please post your results back here.

[RICHARD RILEY 0]

Aaron technically you are correct, however US Embassies in several countries do accept tourist visas as meeting the residency requirement, provided supporting evidence is also presented (copies of lease agreement, Philippines vehicle registration, et al). Philippines is one of those countries accepting tourist visas for DCF.

Richard that's actually a great question...I would recommend you call USCIS at the Embassy in Manila, they should be able to provide you a definitive answer. The # is (assuming you're calling locally) (02) 301-2000, x2224. Please post your results back here.

Sent an e-mail to USCIS yesterday and received the following reply:

Thank you for your email. You may eligibly file your I-130 petition in our Manila field office as long as you can provide substantial proof that you have resided in the Philippines since August 2012. Your recent trip outside the country will not pose as a problem if you can present evidentiary documents of your continuous residency in the Philippines.

USCIS MPH

Dept. of Homeland Security| USCIS | Unit 8600 Box 1575, DPO AP 96515-1575|local address: US Embassy Manila, 1201 Roxas Blvd, Ermita, Manila, 0930 Philippines|