Going back to US after filing DCF

[jkutscher 1]

Another topic:

 

Sorry to have a lot of questions. We have been married for a year and 2 months now and we just filed at US Embassy Manila through DCF and still waiting for approval (hopefully and praying). Now my question is that if its okay to go back to US while petition is still on a process. I am planning to go back on June because I was offered a job and want to take it so I can show evidence for the AOS or I-864 but my stepfather and mother is also co sponsoring me. I am afraid that if I go back it will affect our petition since it is still on the process. Can anyone give us any ideas about this? I really want to take the job and also so I can find a place where my wife and I will live because I lived at my moms before.

 

I would be glad to hear any response regarding this.

[Jorge V 195]

Already answered in your other thread, but I'll answer here for completeness' sake. You can return to the US after you have received NOA1. Leaving the Philippines will not affect your petition.

[Hattivatti 35]

As previous said, yes, you can go back as soon as your petition has been accepted for processing, meaning you receive NoA 1. 

 

Since you need to prove domicile later in the process, it's actually good to get back and get a a job and place to live. Don't forget to make sure you've filed your taxes since those papers will be needed too.

[jkutscher 1]

Thank you so much for all the information. I filed it in person in US embassy manila. Correct me if I am wrong, you will only get NOA1 if petition is filed in USCIS office in the US? 

[Jorge V 195]

22 minutes ago, jkutscher said:

Thank you so much for all the information. I filed it in person in US embassy manila. Correct me if I am wrong, you will only get NOA1 if petition is filed in USCIS office in the US? 

No, you should still get NOA1 when doing DCF. Did you submit form G1145 (https://www.uscis.gov/g-1145) with your petition? Submitting this form allows you to receive email and text notifications. Otherwise you'll receive them via regular mail. Depending on how the postal system works in your country, NOA1 may be severely delayed. We filed in Mexico where the postal system is notoriously awful and we received NOA1 and NOA2 via email the same day the application was received/approved, but we didn't get NOA1 via regular mail until 1.5 months later. We had actually had the visa in hand by the time the post office delivered NOA1.

[jkutscher 1]

Yes we submitted G1145 but the lady returned it to us and handed a different paper where she asked us to fill out information like mailing address, email address and contact information. She mentioned like they changed it already. Also read some DCF filers no longer receiving NOA1. So am a bit confused

[Jorge V 195]

1 minute ago, jkutscher said:

Yes we submitted G1145 but the lady returned it to us and handed a different paper where she asked us to fill out information like mailing address, email address and contact information. She mentioned like they changed it already. Also read some DCF filers no longer receiving NOA1. So am a bit confused

Well I'll admit that my information is about 9 months out of date and I'm not completely familiar with the Philippines, but it's my understanding that NOA1 is still going out.

 

That said, you don't actually have to wait for NOA1. You can leave the PH immediately after you submit your package. It's normally recommended to wait for NOA1 because that is concrete confirmation that your application has been received and the process has been officially started. Otherwise your submission may be lost and you'll have to refile, but since you've moved to the US you no longer qualify for DCF. Since you submitted in person then you can be reasonably sure that your submission made it to the right person, so leaving the PH should be ok.

[jkutscher 1]

Hopefully we get the NoA1 before June my intended departure. I will try calling the embassy here too about it

[payxibka 10,047]

4 hours ago, jkutscher said:

Hopefully we get the NoA1 before June my intended departure. I will try calling the embassy here too about it

Do you have a Case #?

[jkutscher 1]

No we do not have case #. We just filed monday of this week. Still waiting for emails if its approve. 

[RamirezUSA 2]

Great topic. Thanks for this. We are in the same boat. I am planning to go back to the US next month to look for a job. We have already been approved from the embassy (NOA approved) and just waiting on papers to make the interview appointment. So, I will just put my US address on my I-864 and claim that I have established domicile (which is what I was going to do anyways) and if I have to do DS-260 from the US for my husband, then so be it. 

 

Thanks to all of you! I love this forum. 

[Nitas_man 3,100]

On ‎5‎/‎9‎/‎2018 at 2:33 PM, jkutscher said:

Another topic:

 

Sorry to have a lot of questions. We have been married for a year and 2 months now and we just filed at US Embassy Manila through DCF and still waiting for approval (hopefully and praying). Now my question is that if its okay to go back to US while petition is still on a process. I am planning to go back on June because I was offered a job and want to take it so I can show evidence for the AOS or I-864 but my stepfather and mother is also co sponsoring me. I am afraid that if I go back it will affect our petition since it is still on the process. Can anyone give us any ideas about this? I really want to take the job and also so I can find a place where my wife and I will live because I lived at my moms before.

 

I would be glad to hear any response regarding this.

It will not affect your petition and in fact establishing domicile at this point is very good for your case. 

[RamirezUSA 2]

and to add to this...Jorge V clarified this in another post (quoting you, Jorge!)

 

"Having the USC return to the US before approval actually makes it a bit easier as the I864 (submitted during the interview) requires that the spouse either reestablishes, or intends to reestablish domicile in the US. Intent can be tricky to prove sometimes as you have to gather evidence that you intend to return to the US. So actually returning to the US makes it that much easier."

 

So, my only last question would be: do I need to report a change in address? (Since my US address changes from the original foreign address I posted on the I-130)

 

Thank you.

[Nitas_man 3,100]

2 minutes ago, RamirezUSA said:

and to add to this...Jorge V clarified this in another post (quoting you, Jorge!)

 

"Having the USC return to the US before approval actually makes it a bit easier as the I864 (submitted during the interview) requires that the spouse either reestablishes, or intends to reestablish domicile in the US. Intent can be tricky to prove sometimes as you have to gather evidence that you intend to return to the US. So actually returning to the US makes it that much easier."

 

So, my only last question would be: do I need to report a change in address? (Since my US address changes from the original foreign address I posted on the I-130)

 

Thank you.

Use your US address on the visa application, the affidavit of support, and make sure she verifies that your new US address is her mailing address at the POE