File through Amman DCF or stateside?

[lel_90 0]

Hi everyone. I'm getting ready to file the I-130 for my Jordanian husband later this month. I thought I would file through the DCF here in Amman, after reading that that might be the easier process, and that I'd be free to move back to the states after receiving the NOA1 (approval of the I-130 petition). However, I've been reading on here and some people say in order to file through the DCF, I would have to have a Jordanian residency card and work permit for at least a year (I have the residency card, but no work permit), and that I'd have to stay until my husband gets his interview. I've been living in Amman for three years, have already started looking for work in the US, and am keen to be able to move if I get an offer. I could hopefully wait until receiving the NOA1, but waiting for the interview could be several months.

 

The other potential snag to filing DCF is that my husband works in Saudi Arabia; he travels often to Amman and it wouldn't be a problem to fly back on short notice for his interview, but I don't know if that will look bad to them.

 

What do you think, should I try to file here, or wait until I'm living in the US and file from there?

 

Thanks in advance.

 

 

[lel_90 0]

I should also add that we've been married for over two years now.

[Cyberfx1024 7,980]

1 hour ago, leleger said:

Hi everyone. I'm getting ready to file the I-130 for my Jordanian husband later this month. I thought I would file through the DCF here in Amman, after reading that that might be the easier process, and that I'd be free to move back to the states after receiving the NOA1 (approval of the I-130 petition). However, I've been reading on here and some people say in order to file through the DCF, I would have to have a Jordanian residency card and work permit for at least a year (I have the residency card, but no work permit), and that I'd have to stay until my husband gets his interview. I've been living in Amman for three years, have already started looking for work in the US, and am keen to be able to move if I get an offer. I could hopefully wait until receiving the NOA1, but waiting for the interview could be several months.

 

The other potential snag to filing DCF is that my husband works in Saudi Arabia; he travels often to Amman and it wouldn't be a problem to fly back on short notice for his interview, but I don't know if that will look bad to them.

 

What do you think, should I try to file here, or wait until I'm living in the US and file from there?

 

Thanks in advance.

 

 

If you have residency in Jordan and if DCF is allowed in Jordan then file for it. I will look when I get to work if DCF is allowed there. 

[Jorge V 195]

DCF is allowed in Jordan and I strongly recommend it. In general the requirement for DCF is legal residency of 6+ months and makes no mention of work permit. You should contact the USCIS field office in Amman ( https://www.uscis.gov/about-us/find-uscis-office/international-offices/jordan-uscis-amman-field-office ) and ask. Field offices are usually somewhat responsive.

 

The above website also has information about the I130. Here are a couple of interesting bits:

Quote

Who May File or Receive Service:
U.S. citizens residing in Jordan 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).

 

...

 

Evidence of residency must be submitted with the petition. The evidence you submit must support a determination that you are a resident in Jordan. Please note that certain pieces of evidence may more strongly support a finding of residency than others. For petitions filed at this field office, you must submit the following:

Letter from Border and Residency Department of Jordan

 

You should be able to leave after NOA1, though NOA1 isn't approval of the I130, only acceptance of it (basically acknowledgement that they have received it and will add it to their queue). NOA2 is approval of the I130.

[lel_90 0]

23 minutes ago, Jorge V said:

DCF is allowed in Jordan and I strongly recommend it. In general the requirement for DCF is legal residency of 6+ months and makes no mention of work permit. You should contact the USCIS field office in Amman ( https://www.uscis.gov/about-us/find-uscis-office/international-offices/jordan-uscis-amman-field-office ) and ask. Field offices are usually somewhat responsive.

 

The above website also has information about the I130. Here are a couple of interesting bits:

 

You should be able to leave after NOA1, though NOA1 isn't approval of the I130, only acceptance of it (basically acknowledgement that they have received it and will add it to their queue). NOA2 is approval of the I130.

Thanks! I didn't see the bit about getting a letter to establish residency on that page before. I'm writing to the field office now, but do you have any idea if they might ask for more documentation between NOA1 and NOA2 - and if I were to move back to the US, would it be possible to submit the requested documents? In other words, does RFE come before or after NOA1?

[Jorge V 195]

4 hours ago, leleger said:

Thanks! I didn't see the bit about getting a letter to establish residency on that page before. I'm writing to the field office now, but do you have any idea if they might ask for more documentation between NOA1 and NOA2 - and if I were to move back to the US, would it be possible to submit the requested documents? In other words, does RFE come before or after NOA1?

Yes, RFEs can happen between NOA1 and NOA2. You should be able to respond from the US as the RFE is done by mail, but you'll have to mail it directly to the Amman field office. I'm not familiar with international shipping to Jordan so I can't tell you if that'll be a problem, but if you can get it delivered to Amman then you should be ok.