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OsoPolarNYC

Direct Consular Filing while petitioner is studying abroad?

By OsoPolarNYC in Adjustment of Status from Work, Student, & Tourist Visas

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OsoPolarNYC Newbie

OsoPolarNYC   0

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Hello everyone! I have a quick question:

I am Dominican and live in the Dominican Republic. I’ve been married to my wife for a little over 2 years. She is an American citizen through birth in the US and moved to New York about a year ago to finish school. She is also a Dominican Citizen and has lived here (DR) all her life except now that she is studying abroad. She has a cedula (National ID) as proof of residence. she also has a Dominican license, credit cards from Dominican banks... etc.

So my question is:

Can we apply for an I-130 through DCF while she is studying in the US? Of course she will be traveling here to do the initial filing.

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Hypnos Grand Master

Hypnos   6,576

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Probably, but you would file the I-130 directly with the US embassy in Santo Domingo. Nothing would be filed in the US at all. 

 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/dominican-republic-uscis-santo-domingo-field-office

 

(click on the I-130 button) 

 

It might be a little dicey since you aren't currently living together in the DR. 

Edited by Hypnos

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Jojo92122 Experienced

Jojo92122   1,924

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On 8/14/2018 at 1:37 PM, OsoPolarNYC said:

Hello everyone! I have a quick question:

I am Dominican and live in the Dominican Republic. I’ve been married to my wife for a little over 2 years. She is an American citizen through birth in the US and moved to New York about a year ago to finish school. She is also a Dominican Citizen and has lived here (DR) all her life except now that she is studying abroad. She has a cedula (National ID) as proof of residence. she also has a Dominican license, credit cards from Dominican banks... etc.

So my question is:

Can we apply for an I-130 through DCF while she is studying in the US? Of course she will be traveling here to do the initial filing.

No.  Your wife moved to New York and lives there now.  She no longer lives in the DR, so she can not make a DCF.  She files the I-130 based on where she lives.  

Edited by Jojo92122
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