Planning to file DCF but hubby needs to return to US

[MAW27 0]

I am a Filipina with an American husband. We've been married and residing here in the Philippines for almost 3 years and we now have a 2-year old son. 

 

Due to health issues of my mother-in-law who will be our sponsor, we needed to move to the US and live with her as soon as we can. Upon researching, we found out about DIrect Consular Filing. However, there's been a delay in filing due to financial reasons. And just this week, my mother-in-law collapsed and was rushed again to the hospital and had to undergo another surgery. She is now out of the hospital and is recovering but would not be able to manage to be alone at home. So my husband needs to return to America and care for her. Due to the situation stated above, can we still file for DCF? 

 

If not and we file the normal Spousal Visa, is there anyway that we can request to have it expedited due to a family emergency.

 

Any input would be greatly appreciated. Thank you.

[TNJ17 1,329]

For the DCF you need to check with the embassy because some embassies will allow all for dcf not just currently living there. If they don’t your only option is to file for CR1-IR1 and that takes about 12-14 months. Your situation isn’t grounds for an expedite, but you can always try. If your financial sponsor is going through health problems that might put them out of work you might wanna consider finding someone else. Regardless of how you file, your husband is still gonna have to establish residency back in the US so he might just have to go back before you anyways. 

[Cyberfx1024 7,980]

1 hour ago, MAW27 said:

I am a Filipina with an American husband. We've been married and residing here in the Philippines for almost 3 years and we now have a 2-year old son. 

Due to health issues of my mother-in-law who will be our sponsor, we needed to move to the US and live with her as soon as we can. Upon researching, we found out about DIrect Consular Filing. However, there's been a delay in filing due to financial reasons. And just this week, my mother-in-law collapsed and was rushed again to the hospital and had to undergo another surgery. She is now out of the hospital and is recovering but would not be able to manage to be alone at home. So my husband needs to return to America and care for her. Due to the situation stated above, can we still file for DCF? 

If not and we file the normal Spousal Visa, is there anyway that we can request to have it expedited due to a family emergency.

Any input would be greatly appreciated. Thank you.

Your asawa can file DCF right away and then go back to the USA for the emergency. That way it will workout for the both of y'all. But you have to do it right away otherwise than that it will have to go through the IR1 route.

[MAW27 0]

10 minutes ago, cyberfx1024 said:

Your asawa can file DCF right away and then go back to the USA for the emergency. That way it will workout for the both of y'all. But you have to do it right away otherwise than that it will have to go through the IR1 route.

Our problem is that his flight is already on Friday. And we couldn't file right now as we are still going to process our son's CRBA.  

[Cyberfx1024 7,980]

5 minutes ago, MAW27 said:

Our problem is that his flight is already on Friday. And we couldn't file right now as we are still going to process our son's CRBA.  

Then you have to go through the IR1 route unfortunately and hope for an expedite.

[joanamber 16]

On 3/6/2018 at 1:47 AM, cyberfx1024 said:

Your asawa can file DCF right away and then go back to the USA for the emergency. That way it will workout for the both of y'all. But you have to do it right away otherwise than that it will have to go through the IR1 route.

After I file the petition for my husband and daughter in USEM can  I go back to the USA and let them do the interview process by themselves? I have to establish my domicile and get some documents there. Thanks!

[dekedwin 52]

On 06/03/2018 at 2:05 AM, cyberfx1024 said:

Then you have to go through the IR1 route unfortunately and hope for an expedite.

The IR1 is often DCF. IR1 simply means you have been married two or more years when you file the Petitions, is that not correct? There is nothing unfortunate about the IR1 route.

[Cyberfx1024 7,980]

13 minutes ago, dekedwin said:

The IR1 is often DCF. IR1 simply means you have been married two or more years when you file the Petitions, is that not correct? There is nothing unfortunate about the IR1 route.

Ok, you read the whole thing you would have seen that they did NOT have time to file the DCF at all. So that is why my comment stands. The posted this on a Monday and had to fly out that Friday back to the USA. So I said he can file for DCF before he leaves and that's when she said they could not file at that time due to CRBA.

 

I am well aware of the CR and IR process. I was saying that it is unfortunate that they could not do DCF for it but instead have to go through the whole process which takes over a year na.

 

Please read the whole thing before commenting.

Edited March 15, 2018 by cyberfx1024

[A.m.dcf 3]

12 hours ago, cyberfx1024 said:

Ok, you read the whole thing you would have seen that they did NOT have time to file the DCF at all. So that is why my comment stands. The posted this on a Monday and had to fly out that Friday back to the USA. So I said he can file for DCF before he leaves and that's when she said they could not file at that time due to CRBA.

 

I am well aware of the CR and IR process. I was saying that it is unfortunate that they could not do DCF for it but instead have to go through the whole process which takes over a year na.

 

Please read the whole thing before commenting.

Actually there are two "IR-1 routes". Even if you go through a DCF you will be going the "IR-1" route. It's not the "IR-1 route", it's the "NVC route" which is going to take a long time because that is done in the US and not at the Manila US embassy. Either way they must file an IR-1 either in the USA or through a DCF. Since the petitioner is probably in the US they have no choice but to go through the NVC