In practice, how does a DCF differ from IR-1/CR-1?

[AeroRedBaron 1]

I´m a US Citizen and my wife is Colombian. We have two children (we´ll be doing the CRBA for our baby boy in Abril) and we all live in Colombia. We´ve decided to move to the states and we´re looking at our options. We´re certain that we´re not willing to split up in the process which leaves us with not many options.

After reading a lot of info here, I got excited about the DCF. I emailed the Embassy here and there very short response was that I can´t file the I-130 here, but rather in the US. I know the Embassy in Colombia does NOT have an USCIS office which would mean, as I currently understand, that I need to mail the I-130 to the Chicago Lockbox. But then it would seem that I´ve started the application for the IR-1/CR-1 (what´s the difference between these two?) except that I´m not living in the US. So what exactly is the difference between the DCF and normal IR-1/CR-1? Supposedly the DCF is faster, but I don´t quite see how. Can anyone explain how to start a DCF with the Embassy?

Thank you so much and I´m so happy there is this wonderful place to share info!

[A'n'L 735]

DCF is only possible in countries with a USCIS field office. It seems you've been informed that Colombia does not have this. Thus, you're only option is to file your I130 application to Chicago lockbox. The process for your wife to obtain a visa will take approx 1 year. If you have been married less than two years she will have a CR-1 visa and a 2-year conditional green card. If you've been married longer, she will have a IR-1 visa and 10 year green card.

You will have to fulfill the requirements for US domicile, which means you will have to split up for some time (months maybe?). The USC children can stay with either of you during this time.

Edited March 15, 2016 by A'n'L

[Hypnos 6,576]

You will have to fulfill the requirements for US domicile, which means you will have to split up for some time (months maybe?).

This is not necessarily the case .

[A'n'L 735]

This is not necessarily the case .

OK, good. I'm sure you're well informed. Maybe you can elaborate to assist OP?

[Hypnos 6,576]

The OP may be able to show domicile without needing to go back to the US first, by showing they have a US driving licence, US residence (rent/mortgage receipts), their children enrolled in a US school, etc.

Domicile is a complicated subject, and there is no "one size fits all" solution, such as saying they "have to split up for some time".

[A'n'L 735]

The OP may be able to show domicile without needing to go back to the US first, by showing they have a US driving licence, US residence (rent/mortgage receipts), their children enrolled in a US school, etc.

Domicile is a complicated subject, and there is no "one size fits all" solution, such as saying they "have to split up for some time".

Perfect, good clarification. In hindsight, my statement should've said "may have to".

[NikLR 13,227]

DCF is the IR1/CR1 process but done completely at the consulate or embassy.

[AeroRedBaron 1]

Thanks for the replies.

At what point in the process do I need to show domicile? While filing for the I-130 or later on in the process? For example, do the addresses I put on the forms need to US addresses? My wife has a ten year B1/B2 tourist visa which is still valid. Could we travel to the states for me establish domicile in case that I can´t do it from here? At what point would be travel there, before or after submitting the I-130?

And we´ve been married for over four years now.

[NikLR 13,227]

Show some of it at the NVC with the I-864 and then proof of reestablishing domicile at the interview.

Yes you both could travel to the USA with the intent to figure out a place to live after relocating, putting out feelers for work or getting a job, getting your driver's license etc.

[A'n'L 735]

Show some of it at the NVC with the I-864 and then proof of reestablishing domicile at the interview.

Yes you both could travel to the USA with the intent to figure out a place to live after relocating, putting out feelers for work or getting a job, getting your driver's license etc.

Just keep in mind that your wife should not overstay her visitor visa (maximum of 6 months), and that she needs to return to Colombia for her medical and interview.