is DCF possible under these circumstances (split topic)

[faf 0]

Please can you help me. I am an American citizen, I am living here in the Dominican Republic. I am here on a student visa. I rent an apartment here, I have been living here since August of 2015. My wife is a Filipino, she is here living with me. We got married last year in Hong Kong. I want to apply for a greencard for her. Is it possible to do it from here in Santo Domingo?

[Ryan H 3,819]

Post split into separate thread as poster is asking about their own situation and not replying to the OP of the other thread. Please start your own thread with your own questions instead of hijacking threads started by other members.

[Merrytooth 5,748]

https://www.uscis.gov/about-us/find-uscis-office/international-offices/dominican-republic-uscis-santo-domingo-field-office

For I-130, Petition for Alien Relative

Form I-130, Petition for Alien Relative, Form and Fee Information Purpose:

To establish your relationship to a relative who wishes to immigrate to the United States.

Who May File or Receive Service:

U.S. citizens residing in the Dominican Republic filing on behalf of their spouse, unmarried child under the age of 21 or parent (if the U.S. citizen is 21 years of age or older).

U.S. citizens residing in this field office’s jurisdiction but outside of the Dominican Republic may file with the Department of State only if the USCIS Santo Domingo field office director (FOD) determines that there are exceptional circumstances.

Active Duty Military: Active duty U.S. military service members stationed permanently at a military base in this office’s jurisdiction may file this form directly with the Department of State without needing to establish exceptional circumstances.

Filing and Other Special Instructions:

Residents of Dominican Republic filing with USCIS Santo Domingo may submit the petition and supporting evidence in person or by mail.

Evidence of residency must be submitted with the petition. The evidence you submit must support a determination that you are a resident in the Dominican Republic.

Please Note: Certain pieces of evidence may more strongly support a finding of residency than others. For petitions filed at this field office, you must submit one or more of the following:

• Dominican I.D. (Cedula)
• Dominican Immigration entries and exits records
• Residency permit or card
• Passport entry stamps
• Work contract or other employment documents
• Utility bills
• Housing lease

In addition, other evidence of residency may include, but is not limited to:

• Proof of local registration
• Military orders
• Bank statements
• Proof of school enrollment
• Vehicle registration
• Local driver’s license
• Tax documents
• Foreign property deeds or registration (although proof of property ownership in itself, may be insufficient if there is no evidence that the petitioner resides at that property)

Any document issued in a foreign language must be accompanied by a full English translation and by the translator's certification that he or she is competent to translate the foreign language into English. The original documents, with one copy of the originals, and the English translation should be submitted with the petition. Any original documents submitted upon USCIS’ request will be returned.

If you live outside of the Dominican Republic in a country where we do not have an office, and you believe that exceptional circumstances justify filing your petition overseas, please go to the nearest U.S. Embassy or U.S. Consulate to make your request to file. You must provide evidence of exceptional circumstances. The consular section will contact the field office director to request permission to accept your petition overseas. If your request is denied, you will need to file with the Chicago Lockbox.

Petitions from lawful permanent residents and petitions for relatives of U.S. citizens other than those mentioned in the "Who May File or Receive Service" section must be filed with the Chicago Lockbox.

[Penguin_ie 5,995]

For DCF, residency is normally required, so a student visa is often not enough, but the embassy has some discretion, so contact them and ask.

[JFH 12,191]

Many Filipino cases are expedited through USCIS in the USA anyway. Take a look at some recent timelines to get an idea of the average processing time for a Filipino beneficiary and compare that with any other country of your choice.

[faf 0]

For DCF, residency is normally required, so a student visa is often not enough, but the embassy has some discretion, so contact them and ask.

Student visa here is basically the same as a residency visa, I have the right to most things here same as a Dominican. I have bank accounts here, I have a contract for my residence(lease), I can come and go as I wish, I have utility service in my name , etc etc. I read someplace that I can apply for the greencard for my wife directly at the embassy versus going back to the States. I'm just trying to make sure .

[faf 0]

Many Filipino cases are expedited through USCIS in the USA anyway. Take a look at some recent timelines to get an idea of the average processing time for a Filipino beneficiary and compare that with any other country of your choice.

I dont understand? My wife is a filipino but she is living with me here in Dominican Republic. She is here on a dependant visa thru my student status here. She can't even enter US because she doesnt have any type of US Visa. I want to get her a greencard.

[JFH 12,191]

I dont understand? My wife is a filipino but she is living with me here in Dominican Republic. She is here on a dependant visa thru my student status here. She can't even enter US because she doesnt have any type of US Visa. I want to get her a greencard.

What don't you understand? As I said, your wife's visa is highly likely to be expedited based purely on the fact that she is Filipino. If you are wanting to do DCF to make things quicker, that might not be necessary. Filipino cases are expedited even if they don't qualify for DCF. Take a look at some recent visa approvals for Filipino brides and you will see that they get through the whole process a lot faster than other nationalities. I saw a timeline yesterday for a Filipino spouse doing the same visa as me at the same processing centre. Her case took 188 days from filing to interview. Tomorrow I will hit 150 days since filing and I'm no further forward with this processs than I was on February 9.

Edited July 7, 2016 by JFH

[faf 0]

What don't you understand? As I said, your wife's visa is highly likely to be expedited based purely on the fact that she is Filipino. If you are wanting to do DCF to make things quicker, that might not be necessary. Filipino cases are expedited even if they don't qualify for DCF. Take a look at some recent visa approvals for Filipino brides and you will see that they get through the whole process a lot faster than other nationalities. I saw a timeline yesterday for a Filipino spouse doing the same visa as me at the same processing centre. Her case took 188 days from filing to interview. Tomorrow I will hit 150 days since filing and I'm no further forward with this processs than I was on February 9.

Well i'm living here in DR, its very difficult for me to get mail in US now, I have no place there, I have to use a friend or relatives house and pray they call me or send me my mail. I can't rely on that. And I'm not going to chance on expedited service because she is a filipino. I will tell you that is rare and not usual. I was married to a filipino back in 2006 and it took me a year to get her greencard, I know a lot of people who married filipinos and they took a while to get thru the process. I think you will find that some or many of the ones you see get thru very fast are slightly different, many times you will find they have been married for longer then 2 years. They are getting IR visas not the CR visas. When your married for less then 2 years then its a slightly different ball game. I know people are gonna say i'm wrong, but I believe when USCIS get a case with newlywed's they treat them a little differently, a little more scrutiny.