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Posted (edited)

In the requirements I've found, is not specified if this applies for US Citizens only, basically the main requirement is to be living in that country for at least 6 months, or to show intent to reside there.

 

So what do you guys think, is there a possibility that a greencard holder, with an i-131, to apply trough DCF ?

Edited by DCFLPR
Posted
7 minutes ago, H&T said:

DCF only apply for USC because the visa immediately available for their beneficiary.

But "the visa being immediately available" would not be an effect of DCF, instead of a condition?

 

This seems like a gray area of DCF process.

Filed: AOS (apr) Country: Philippines
Timeline
Posted
35 minutes ago, DCFLPR said:

But "the visa being immediately available" would not be an effect of DCF, instead of a condition?

 

This seems like a gray area of DCF process.

What is gray about it?

YMMV

Posted
37 minutes ago, payxibka said:

What is gray about it?

That apparently there is not a specific restriction for LPR, but at the same time, one of the requirement is to keep a residence abroadm, but a LPR must be a USA resident, so is contradictory, unless the LPR have a re-entry permit. 

 

Im not saying that I'm right, that's why I want to know what other people think about it. 

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Besides issues related to domicile, it may simply be that for an LPR petitioning for a spouse is family preference F2(a) and subject to an allocation of available visas.  Whether or not you file it at the USCIS abroad or the USCIS stateside your priority date, therefore your place in the queue, would be the same.  As a result they simply have decided not to accept petitions abroad because there is no theoretical advantage to a consular filed petition

YMMV

 
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