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Sunnybanana1913

Can I still qualify for the DCF Procedure ? (merged threads)

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Filed: K-1 Visa Country: Wales
Timeline

You said you will be there as a Tourist, which is it?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You said you will be there as a Tourist, which is it?

No at the time i can only apply for a "tourist Visa" but i was basically living there.

If i remember correctly this is how most of the US Citizens who are applying for DCF are doing in Philippines.

When i entered Philippines Airport in Manila they asked me why i am visiting i said for my wife. and they gave me a visa which i believe is a family visa or tourist visa but it required me to extend it after every couple months. Unless we leave the country together and reenter I would have to keep on extending my visa. This time we will leave Philippines to HK for a few days for a vacation and enter philippines with my 1 year visa free stay (no fees).

Edited by Sunnybanana1913
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You're not answering the question. Are you a legal resident? An extended tourist visa is not legal residency for dcf

http://www.immigration.gov.ph/faqs/visa-inquiry/permanent-resident-visa

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Filed: Citizen (apr) Country: Greece
Timeline

They asked us for his Greek green card here as I said but because it was recent (less than 6 months) we also provided them with his rental agreement which was older.

Click "spoiler" below for a detailed account of our journey to a CR1 visa via DCF in Athens, Greece.

 

2011 - Met hubby online and became friends
Early 2013 - Confessed our love for each other * Late 2013 - I got pregnant with our daughter
2014 - Our baby was born in Athens, Greece and completed our family. We now have two boys and a girl!! 2013 - 2015 - Looking for jobs in Greece, none were available (due to socioeconomic crisis) 2015 - Decided only way to feed our family was to immigrate and started the process December 2015 - Got married (Greece has a LOT of red tape for foreigners marrying Greeks)
January 2016 - Finished gathering all documents and getting them translated
* * DCF in Athens, Greece * *

28th January 2016 - Finally filed I-130s
29th June - ISSUED!!!!!!1st July - Visa packages and passports delivered to DHL.4th July - Visas in hand! CU in two weeks USA!!
19th July- POE Detroit. All went well!! (excluding our screaming, jet lagged toddler!!)

 

After Arrival in the US

September 2016 - Hubby is diagnosed with congestive heart failure
October - February 2016 - Battle with drug use, overdosing, bringing home a tiny paycheck

March - July 2017 - I am working 80 hr weeks to make ends meet. Discovered hubby's affair. Still overdoses and is hospitalized. Has quit working all together.
July - October 2017 - Marriage counseling. Revealed hubby has "several" mental conditions. Is started on several mental meds.

October 2017 - Got accepted for a college course. Got better job to help raise my kids.

October 2017 - March 2018 - Situation at home is toxic. He files for divorce.

July 2018 - Divorce is final. I have full custody of our daughter.

 

ROC (GC expires July 19th 2018)

July 16th - Package for ROC is delivered to the CA service center (divorce waiver).

August 30th - NOA1 received with 18 month extension (fee waiver approved).

March 28th 2019 - Biometrics

August 8th 2019 - Case Approved No RFE No Interview - 10 year GC in production

N400 (Online - Detroit, MI office)
June 6th 2023 - Applied for naturalization under 5 year rule.
June 7th 2023 - Application received/Biometric will be reused.
June 16th - Interview scheduled.
July 27th - Upcoming interview.



**Our DCF journey to an IV took 5 months and 1 day from turning in the I-130 to getting "Issued"**


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Your previous stay in the Philippines from 2014-2015 doesn't count to qualify for DCF. You must be in the Philippines for a period of 6months to do so. Basically if you're moving this June, then you can file the petition on December 2016.

Regarding your status in the Philipines, you don't have to be on a permanent resident status unlike other coutnries. My husband was on a tourist visa and we just extended it as well.

=To God Be The Glory =

DCF for CR1
02-23-2016 Filed I- 130 @ US Embassy Manila
03-03-2016 NOA 2
03-04-2016 Received MNL Case Number
04-04-2016 Interview (Approved!) Visa ISSUED the same day
04-06-2016 Visa on hand! Picked up from 2Go MOA @ 5:30 PM
04-11-2016 POE @ Minneapolis, MN

05-12-2016 Received SSN

07-07-2016 Greencard arrived!

 

ROC

01-11-2018 ROC window opens

01-13-2018 Mailed ROC application to CSC

01-26-2018 Received NOA (dated: 01/22) 

05-24-2018 Biometrics 

01-23-2019 i751 Approved 

01-31-2019  10 Year Greencard arrived! 

 

N400

03-16-2019 Submitted application online

03-16-2019 NOA1

04-09-2019 Biometrics 

11-13-2019 Interview, approved 

12-04-2019 Oath taking. I'm now a naturalized US Citizen. 

 

=It Always Seems Impossible Until It's Done=

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Filed: Timeline

I use to think the same thing but someone posted in the PI subforums I think and explained in Manila, direct filing for spouse only needs proof of living here for 6 months. Not a permanent residence card.



So the OP needs to be there for 6 months BEFORE filing. The couple in the previous post were approved 2 months after filing. The OP will have to decide if they want to file now and wait the 8 months to a year it could potentially take or move there for 6 months and then file and wait another month or two or lets be honest it can go up to 3 months after.



Just like the above poster stated DCF would be filed in Dec 16. Maybe a visa in Feb. If filing now for CR1 it could be 12 months which would be April 17, so DCF seems to be faster.



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Yep, as myself and others can testify, being in the Philippines for 6 months on a visitor visa, and associated extensions, will qualify you for DCF. They just care that you have been legally residing, not that you are a permanent legal resident.

Since you left, as mentioned, your previous stay will not count, sorry. There was some one that was able to file after taking a trip out of the country for business(if I remember right), but they were still residing in the Philippines.

Edit: if you line all the ducks up, and stay on top of it, the DCF process can be done in about a month, from filing the petition to visa in hand. So if you don't mind spending some time there again, it could be significantly faster than filing state side.

Edited by bendinlar
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You have two options to get your wife her visa, one is DCF and the other is filing through the lockbox.

Since you left the country (PH) you no longer qualify to do DCF BUT since you are planning to move on June you can file after 6 months of continuous stay in the country. You don't need to be a permanent resident.

My husband and I processed my visa through DCF and if only took us 41 days to get the visa on hand (could've taken less than 30 days if we didn't slack :P)

If total of 7 months waiting is too much you can opt to take the other route which is sending your application to the lockbox which I believe takes 1 year or more to get your wife's visa..

Best of luck to your visa journey :D

I will be living there we have a house built there.

but thanks anyways

Edited by Lhanz0729
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The rules say you must have been residing in the country for 6 months continuously before qualifying.

Just in case someone comes across this - the 6 months rule is only for some countries.

Some require more, some require much less (London removed the 6 month criteria recently, for example). Always check the local information and ask them if in doubt.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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