Where to petition? Haiti or DR?

[Rpizarro 2]

I am an American living in the Dominican Republic. I have Dominican residency that i renew every year. My husband is Haitian and is here on a work visa that he renews every year. 

 

Can I file for the petition i-130 here in the Dominican Republic, although my husband is Haitian and doesn’t possess Dominican Residency? 

[geowrian 22,337]

Check with the USCIS field office to confirm, but generally legal residency of the petitioner is sufficient for DCF. The beneficiary's nationality or citizenship doesn't matter, just that they are able to interview there. Being on a work visa should be fine.

 

Edit: By "he doesn't possess Dominican Residency", I'm assuming you mean he's not a permanent resident there. He still lives there with legal status, I'm assuming. That is residency.

Edited April 29, 2019 by geowrian

[millefleur 5,047]

Contact the USCIS field office in DR if you have specific questions. Also have a look under the info under the I-130 petition requirements:

 

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

[Rpizarro 2]

On 4/28/2019 at 11:27 PM, geowrian said:

Check with the USCIS field office to confirm, but generally legal residency of the petitioner is sufficient for DCF. The beneficiary's nationality or citizenship doesn't matter, just that they are able to interview there. Being on a work visa should be fine.

 

Edit: By "he doesn't possess Dominican Residency", I'm assuming you mean he's not a permanent resident there. He still lives there with legal status, I'm assuming. That is residency.

Thank you for your reply. Here in the Dominican Republic, he does not have what they consider “residency”. He is not “qualified” for it. To maintain his legal status he must have a work visa that is valid for one year.

 

I emailed the USCIS office and they were unable to give me a answer. They told me to ask them in person at the Embassy. 🤷🏻‍♀️

Edited April 30, 2019 by Rpizarro

[millefleur 5,047]

6 minutes ago, Rpizarro said:

I emailed the USCIS office and they were unable to give me a answer. They told me to ask them in person at the Embassy. 🤷🏻‍♀️

Based on the website, it seems that they have a flexible definition of what residency proof they would accept:

 

Quote

 

Please Note: Certain pieces of evidence may more strongly support a finding of residency than others. For petitions filed at this field office, you must submit one or more of the following:

• Dominican I.D. (Cedula)
• Dominican Immigration entries and exits records
• Residency permit or card
• Passport entry stamps
• Work contract or other employment documents
• Utility bills
• Housing lease

In addition, other evidence of residency may include, but is not limited to:

• Proof of local registration
• Military orders
• Bank statements
• Proof of school enrollment
• Vehicle registration
• Local driver’s license
• Tax documents
• Foreign property deeds or registration (although proof of property ownership in itself, may be insufficient if there is no evidence that the petitioner resides at that property)

 

Does he have any of that?

[Rpizarro 2]

Thanks for your interest and help. To answer your question he just has utility bills.

 

When the site speaks about residents and showing evidence of residency, is that just speaking about me, the petitioner? Or the beneficiary as well? 

 

 

“” “Residents of Dominican Republic filing with USCIS Santo Domingo may submit the petition and supporting evidence in person or by mail.

Evidence of residency must be submitted with the petition. The evidence you submit must support a determination that you are a resident in the Dominican Republic.

Please Note: Certain pieces of evidence may more strongly support a finding of residency than others. For petitions filed at this field office, you must submit one or more of the following:””

Edited April 30, 2019 by Rpizarro

[Just Paul 4,595]

The petitioner has to have residency in order to file DCF

[millefleur 5,047]

1 hour ago, Rpizarro said:

When the site speaks about residents and showing evidence of residency, is that just speaking about me, the petitioner? Or the beneficiary as well? 

You as the petitioner also need to show proof of residence in order to qualify for DCF.