DCF vs Filing abroad to Chicago Lockbox

[Simple_Guy 3]

I'm a U.S. Citizen married to a Japanese citizen for 6 months.

We've been living in Japan together for 2.5 years and aim to get a CR-1 visa asap.

 

However, we are considering getting work visas in either Canada (Montreal) or New Zealand (Auckland) and file from there if it's faster.

Another option is to do DCF in China since she has family there.

 

• Currently, which is faster: DCF or filing to the Chicago Lockbox from abroad? (After poring over the IR-1/CR-1 timelines for Canada, China, Japan, and New Zealand, I can't make out a clear winner between DCF and filing to the Chicago Lockbox. I imagine DCF should be faster, but some cases for Chicago Lockbox have shorter processing times.)
• Am I allowed to file to the Consulates in the above countries even if I only have a tourist visa? Or must I have a work visa / working holiday visa of some kind?
• Is there a minimum length of stay as a resident required in any of these countries before we can file our I-130?
• After DCF, does our application go to a Service Center in the US for processing? I find this confusing because I thought the whole point of DCF was to have it processed faster at the Consulate and not in the U.S.
• I was born and raised in Los Angeles and intend to re-establish domicile there once we get the CR-1 visa, so does that mean our application would go to the California Service Center whether we do DCF or file to the Chicago Lockbox?

 

Any help would be appreciated. Thank you.

Edited June 14, 2017 by Simple_Guy

[millefleur 5,047]

DCF is faster by far. It's also cheaper. In all cases, it is faster than the Chicago lockbox. 

 

What constitutes "residence" varies by Embassy. You need to contact the Embassy and find out what type of visa/residency they require to file DCF.

 

No, the application does not go to any service centers in the US. There is no NVC with DCF. Everything is done directly at the Embassy, which is why it's faster and cheaper.

 

You have no choice which service center gets your application if you file via the Chicago lockbox. It's totally random and has nothing to do with what state you are from.

 

Also, neither Canada nor New Zealand have DCF. Only the countries that have a USCIS field office offer DCF:

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

 

It will not be faster if you apply from Japan, Canada or New Zealand. The only way it would be faster is via DCF in a country with a field office.

 

Edited June 14, 2017 by millefleur

[Simple_Guy 3]

millefleur, thank you so much for the info and the prompt reply.

 

Is it legal for us to file to Chicago Lockbox from Japan with our old apartment's address (which will forward all mail to a friend's address on all forms) but then work and live in another country while waiting for NOA1, NOA2, and interview updates?

Or do we have to remain in the country we file from until the entire process is finished?

 

Also, are there big differences in processing times between DCF doable consulates? We're considering Beijing, Guangzhou, Ciudad Juarez, Mexico City, London, and Frankfurt.

[millefleur 5,047]

There are varying DCF processing times depending on the Embassy. For example, we got our I-130 approved in a matter of weeks whereas in Germany it tends to be slower. Honestly, it's even pretty easy to get "residency" here as all you need is a 3 year visa and a lease of some kind, so I would say Moscow is one of the easier DCF embassies. From what I've read on VJ, the others can require actual residence permits/resident visas. 

 

You can put down a mailing address on the I-130. I believe you can live anywhere during the process and you can even arrange to have your interview in another country. One thing to keep in mind is that the DCF process is for filing the I-130 petition. You can't file via the Chicago lockbox and then expect the Embassy to process everything DCF-style just because you moved to a country with a field office after sending your application via mail.

 

Basically, if you want to do DCF anywhere, you have to file the I-130 at an Embassy with a field office. That's the only way it works. If you file via the Chicago lockbox, the DCF option is out and you'll have to wait and go through the NVC like everyone else.

Edited June 14, 2017 by millefleur

[Simple_Guy 3]

So getting the 36-month visa via the 30-day tourist invitation letter would suffice? By a lease of some kind, would any sort of apartment do, even if only for 6 months?

Would I have to reside in Russia for X months before filing or would I be able to apply immediately after arriving with the 3-year visa?

 

Sorry about the confusion, I meant for filing to Chicago Lockbox, not DCF.

[millefleur 5,047]

I don't know if they would be more suspicious about two non-Russians coming here to file, but you can always give them a call and ask. They take phone calls at the field office in Moscow.

 

I think they might give you a harder time with a tourist visa, but people have successfully done it on private visas (which are also three-years with 6 month entry periods). If you're really curious, give them a call and see what they say. They speak English and are pretty helpful with questions. I know someone who was married to a Russian guy here, she had a three year tourist visa and she filed DCF but she told me she had to beg them on her knees to do so because she had a tourist visa. So, again, it's possible, you just should clarify with them beforehand!

 

Almost all DCF cases require the whole '6 months' rule, but again, there's some flexibility on that at some embassies. Call them direct and find out to see what they'll allow.

[Simple_Guy 3]

I cannot thank you enough for all the info and your help.

 

I'll be calling various embassies first thing tomorrow!

 

Sorry this is a bit off-topic, but regarding the required items for the DS-230 Part 1... my spouse was born and raised in China until naturalizing and becoming a Japanese citizen 3 years ago. Does she need to submit Birth Certificates and Police Certificates from both China and Japan?

What about my certificates?

 

Also, do we just purposely not submit Part 2 of DS-230?

[millefleur 5,047]

That's a really good question. I know police certificates are necessary from a certain age. She definitely needs a police certificate from Japan, but I'd do more research about the birth certificate and if she needs a police certificate from China or not.

[Simple_Guy 3]

After emailing several USCIS International Field Offices (Manila, Beijing, Guangzhou, Moscow, Frankfurt, and London) about the residency requirement for filing I-130, only Manila gave a straight answer saying no less than 6 months is required.

Regardless, the Guangzhou office website and email reply states that their processing times average between 30-60 days, which is excellent, so we're hoping to move to China and file there.

 

However, a more pressing concern is something I read on a guide at a similar forum. It stated that DCF is only allowed if the beneficiary spouse is a citizen of the country where the Field Office has jurisdiction over.

Since my wife is a naturalized Japanese citizen, is she ineligible for DCF in any country? Are we stuck with filing with the Chicago Lockbox?

 

 

[millefleur 5,047]

She was born in China, right? I would call the field offices in China again and explain. The best way is to get the answer directly from them, because it varies so much depending on the embassy when it comes to DCF.