6 month requirement of residency?

[Keanu_Reid 0]

My wife and I recently got married July 29th in the Philippines. We are planning to do the DCF method in Manila as soon as possible, as it seems to be the quickest way for both of us to get to the US together. One thing we are worried about is that I have in the Philippines for atleast 6 months. My last entry into the Philippines was June 16th and I have been there ever since. I should be getting my ACR-I card this week but only in a tourist status. We have both been living at her parents house during this time, so my residency has just been there. 

 

Will me only being a tourist for 6 months validate my residency? or do I need to file for filipino residency? Also will my 6 months be 6 months from Jun 16th or will it be 6 months from when my ACR-I card happens? 

 

Just trying to make sure staying in the philippines would be faster than going back to the US and filing by mail, and is there any way to make it faster?

[Ben&Zian 4,398]

12 minutes ago, Keanu_Reid said:

My wife and I recently got married July 29th in the Philippines. We are planning to do the DCF method in Manila as soon as possible, as it seems to be the quickest way for both of us to get to the US together. One thing we are worried about is that I have in the Philippines for atleast 6 months. My last entry into the Philippines was June 16th and I have been there ever since. I should be getting my ACR-I card this week but only in a tourist status. We have both been living at her parents house during this time, so my residency has just been there. 

 

Will me only being a tourist for 6 months validate my residency? or do I need to file for filipino residency? Also will my 6 months be 6 months from Jun 16th or will it be 6 months from when my ACR-I card happens? 

 

Just trying to make sure staying in the philippines would be faster than going back to the US and filing by mail, and is there any way to make it faster?

Not entirely sure, but believe you have to have actual residency not a tourist status. 

 

@Greenbaum may be able to give you more specifics.

[Jorge V 195]

15 minutes ago, Keanu_Reid said:

My wife and I recently got married July 29th in the Philippines. We are planning to do the DCF method in Manila as soon as possible, as it seems to be the quickest way for both of us to get to the US together. One thing we are worried about is that I have in the Philippines for atleast 6 months. My last entry into the Philippines was June 16th and I have been there ever since. I should be getting my ACR-I card this week but only in a tourist status. We have both been living at her parents house during this time, so my residency has just been there. 

 

Will me only being a tourist for 6 months validate my residency? or do I need to file for filipino residency? Also will my 6 months be 6 months from Jun 16th or will it be 6 months from when my ACR-I card happens? 

  

Just trying to make sure staying in the philippines would be faster than going back to the US and filing by mail, and is there any way to make it faster?

The official guideline is that you must be a resident of a country for 6+ months. That is usually interpreted as meaning that you need to have a residency permit and the clock starts from that date.

 

That said, each USCIS field office is different, and some seem to have relaxed a bit on the residency permit part, meaning that residency accrued while on a tourist visa may be accepted.

 

I personally did DCF in Mexico while on a tourist visa. I had been living in Mexico full time for 4 years and had plenty of proof that my main residency was Mexico. I had rental leases, bills in my name, etc. I contacted the local USCIS field office, explained my situation, and they said they would be willing to go over my application. I submitted my petition and it was approved in only a few days.

 

My advice is that you contact your local USCIS field office and ask. You can find their contact info and helpful information regarding submitting the I130 (including what evidence they accept for residency) here https://www.uscis.gov/about-us/find-uscis-office/international-offices/philippines-uscis-manila-field-office .

[Arkitekt-GS 19]

We did the DCF process this past March-June. I would start by echoing the recommendation to contact the Manila field office to confirm their requirements. It may be best to start with a phone call or schedule an appointment for general info as the email will get you the standard requirements. 

 

I was living there on a special non-immigrant visa for my work but I had an apartment and things as well so that all factored into complying. My hunch is if you can show a lease of some kind, utility bills, and/or bank account that will help. Bank account may be difficult as a tourist even if you’re married. Another option might be to get a permanent resident visa as a spouse of Filipino citizen if they won’t accept the tourist. 

 

Id also suggest heading over to the Philippines regional forum. A wealth of country specific knowledge there!