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Posted (edited)

Hello!

I am a newly naturalized USC, also Russian citizen. I live in the US, but maintaina permanent registration (propisla) in Russia, as well as other local docs.

I am about to file I-130 for my husband in Russia, and I am going to try DCF. However, I'm a bit confused:

1.A while ago I asked US consulate in Moscow via email if there is a minimum time requirement to establish residency (ex: USC must live in the country for 3-6 months to be eligible for DCF in some places) - they said "no", no minimum time.

2. I asked them again recently if I must live in Russia for some time to apply, or, if I have enought paperwork, I can spend 2 days there and do DCF.

They sais, here are the rules:

https://www.uscis.gov/about-us/find-uscis-office/international-offices/russia-uscis-moscow-field-office

The rules don't mention time spent in the country, just paperwork.

I understand it as if I can show enough documents from the list, it doesn't matter if I spend 2 weeks in Russia per year or if I flew in the day before.

I have a Russian local passport, a permanent registration in Russia, a local driver's license, joint car insurance with the husband, a tax ID (though I never worked in Russia and never paid taxes), a joint bank account and a retirement insurance number (SNILS). I also have some local mail sent to my registration address. As far as Russian goverment is concerned - I live in Russia. On paper.

However, I also live in the US on paper (and in fact): I have a job, a car, a house, bank accounts, paid taxes and so on. So, on paper I live in both places. I talked to the lawyer who overlooked my own immigration (I filed by myself, but before mailing everything I went to talk to her every time). The lawyer said it's a gray area and she doesn't know. Basically, she told me to try and see what happens. Worst case - I'll spend a week with family, fly back and apply in the US. Best case: husband will be here 3 times faster. So that's what I'll do.

The confusing part:

1) I -130 asks for the last place we lived together with my husband. Last time I was in Russia is January, so should I write where we stayed for these 3 weeks? Or should I say a month I flew in to apply at the consulate, because, technically, we will live together for these few days betoween arrival and application interview?

2) I was going to use my Russian address as both mailing and physical address on the forms, but after reading some posts here I'm afraid it will affect my ability to establish domicicle in the US. On the other hand, I have so many documents from the US... it's obvious I have a job and property here. But it may look better to have mailing address in Russia for DCF. But snail mail is unreliable in Russia, and I'd rather get mail, if any, in the US. But I heard form other people that DCF is entirely electonic process - all forms are either filled online.

Should I use Russian or US address?

Thaks for reading. I don't expect to find anybody in a similar situation, but if you are - please contact me!

thank you!U

UPD: the 6 months rule mentioned in posts from ~2013 is removed http://moscow.usembassy.gov/uscis-i130.html

"The USCIS Moscow Field Office accepts and adjudicates petitions for immediate relatives (spouses, unmarried children under the age of twenty one, or parents) filed by U.S. citizens who lawfully reside in the Russian Federation. USCIS Moscow does not accept or adjudicate petitions for any other family members (children over twenty one, married children, siblings) or petitions filed by Lawful Permanent Residents (LPRs)."
Edited by galephys

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

Posted (edited)

My thought is if you plan to file DCF in Russia use your Russian address.

You will have options on your DS-260 and I-864 to offer other address in the US.

For us all forms etc have been through email and on-line, not snail mail.

I believe the I-130 and the G-325A's are basically for determining DCF illegibility.

The DS-260 is your actual Visa application and done on-line and the I-864 you take to your interview.

Edited by 7Ken

9/26/2012 Met On-line

10/18/2012 Met at the Airport, Manila

1/8/2014 Married

2/17/2016 Filed I-130 DCF Manila

2/26/2016 NOA 2 "Approved"

3/14/2016 Medical Started

3/15/2016 Medical Completed

3/22/2016 Interview, Passed

3/28/2016 Visa status IR-1 "Issued"

3/31/2016 "Processed for delivery" / 2GO "In Transit"

4/1/2016 Delivered / Visa in hand..

2/17/2016 - 4/1/2016 / 45 days Start to Finish. :D

Posted

I believe the I-130 and the G-325A's are basically for determining DCF illegibility.

Thank you!

this line is the single most important thing I must realize and follow while filling out documents. Thank you for wording it right and making it clear for me!

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

Posted

Glad to help, anything else I can do just ask.

Good Luck! :)

9/26/2012 Met On-line

10/18/2012 Met at the Airport, Manila

1/8/2014 Married

2/17/2016 Filed I-130 DCF Manila

2/26/2016 NOA 2 "Approved"

3/14/2016 Medical Started

3/15/2016 Medical Completed

3/22/2016 Interview, Passed

3/28/2016 Visa status IR-1 "Issued"

3/31/2016 "Processed for delivery" / 2GO "In Transit"

4/1/2016 Delivered / Visa in hand..

2/17/2016 - 4/1/2016 / 45 days Start to Finish. :D

Posted

I believe you have to be in Russia for 6 months before you can file DCF. They will look at your passports to see if you are allowed to do so. You may have to file to a lockbox in America.

Information on the USCIS website, on US consulate in Moscow website and an answer from the consulate to a dircet question about the time requirement say otherwise(see my first post above).

But thanks for the input.

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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