Experience DCF I-130 for IR1 in Singapore

[Annemieke 9]

Hi all,

 

This forum has been a great help for me and would like to give back by sharing my full journey/experience. Reading these experiences form others has helped me a lot in easing my mind and setting expectations. 

 

Our situation

My husband is American and I'm from the Netherlands. We married in Hong Kong 6 years ago and have 5 year old twins. We were living in Singapore when we had an opportunity to move to the US last May (2021), due to a job offer for my husband. We decided to file the I-130 with exceptional circumstances (job offer in the US with start time in 2 months).

We did engage a lawyer (because we really wanted to be accepted for DCF through the embassy) but found out half way through the lawyer wasn't much help and ceased the engagement to finalize the process ourselves.

 

Our Journey and experience:

 

1. Sent all forms and documents etc to the lawyer in the 3rd week of May 2021

 

2. I became a bit disgruntled that it took the lawyer 2 weeks to submit papers to the embassy, but was submitted in the first week of June

 

3. Within a few days we received approval for DCF from the US Embassy in Singapore and an appointment to file the I-130 in person on 15 June (big sigh of relief)

 

4. In the list of needed documents to bring to the embassy, it said 'Petitioner's birth certificate', this scared us because my husband is a naturalized American, born in China, where they don't give out birth certificates. We checked with his parents and indeed they confirmed there was no birth certificate. Our lawyer told us it was not usual procedure to ask for the petitioner's birth certificate (as naturalization doc and/or passport suffices) and it could be requested or waived at the embassy's discretion. He said it might be waived if we explained the situation.

 

5. On 15 June we went to the embassy with a big file full of documents and were pretty confident. Until... the question of my husband's birth certificate came up. We tried to explain it but the guy who collected the docs (not a US officer but a local Singaporean contractor) cut us off quickly and said we should have gotten it earlier as it was in the letter and we should get a certificate from his birth place in China. This made us panic because my husband was about to leave to the US to start his job in 2 weeks and we had no idea how to go about this. They gave us a paper on how to get the Notary certificate of birth (which is pretty straightforward when you live in China but not from outside of China), collected our other documents and that's that. They accepted the petition but said they couldn't process until we had the birth certificate. All other documents were in order.

 

6. This started a stressful week where we mobilized family and were lucky to find a cousin in Beijing (his birth city) who knew where to go and went to the right office to get this paper. Unfortunately she was denied because the office in Beijing was not able to certify that the child in his passport from the 80's was the same person as the 39-year old American passport holder. Also because he added an English name to his Chinese name. So we tried a different path: we collected all kinds of IDs over the span of his life (like driver's license, high school card) to show the progression from that boy into the man he is now. Including a name change certificate from his naturalization (picked up by a friend at the courts of Chicago). We were lucky his cousin is a feisty lady; she went there again and basically bullied the guys at the Beijing office to issue a notarized birth certificate. Which they did after she obtained a note from the Police in Beijing that his name was in the family register (hukou). As you can imagine we sent that cousin boxes full of chocolates as a thank you. Not sure how we would have managed without her. It only delayed us for 1.5 weeks in the end. But could have been months.

 

We also found out that the lawyer was useless and just confused the situation so we ceased our commitment with them to get some of the money back

 

7. I had also mentioned to the embassy (personally and through email) that I needed a letter from them requesting police clearance from all countries I lived it. I had already requested most police clearances except for Hong Kong (where I had lived for a few years). Hong Kong has a bit of a cumbersome process where you need a letter from the embassy to request the police clearance, with your name and case number, and after mailing that to the HK police, they will mail the result directly to the embassy. Counting in the time for the post to deliver, this would all take 6 weeks as well. So this could definitely slow down the issuing of my visa. The embassy would only be able to give this letter once my I-130 was approved.

 

7. Once the birth certificate was in, I received the approval of the I-130 within 3 days and they remembered my request so they directly issued a letter for the HK police. So I was able to start that process (with the help of a friend in Hong Kong). I directly called for my medical exam and was a bit lucky. They asked me about my Covid vaccination and I was just about to receive my 2nd Moderna shot in 2 days. They told me I should postpone that shot because I can't have the DTP, MMR and Influenza so close to the Covid shot. Otherwise I had to delay medical exam with 3 weeks. So I delayed my Covid shot instead (only 2 weeks, 3 weeks seemed excessive and wanted to be fully vaccinated before travel) and went for the medical the next day already and the results were all delivered at the embassy after a week. Super fast!

 

8. Once the medical was received on 8 July, and I had sent the checklist back (noting that the HK police certificate would be sent directly to them within a few weeks) they directly invited me for my visa interview on 27 July. I was overly prepared, being quite traumatized from the previous session at the embassy. But in the end they only requested the standard documents and asked a few questions on how we met and how our relationship evolved (I had brought photos, evidence of co-mingled finance etc but did not need to show). I also received a folder on domestic abuse and they asked me to summarize. All easy and done quickly. They issued me a 221(g) for the HK police certificate.

 

9. In the meantime I had been emailing with the HK police, indicating the timeline and The Police Clearance was coincidentally also sent out to Singapore on 27 July. They provided a tracking code and on 2 August it already arrived at the embassy. The embassy confirmed it the same day by requesting my passport.

 

10. I handed in my passport on 3 August and on 7 August I received the note that my passport was ready for pick up. Will pick it up tomorrow (it's a public holiday today) and we are ready to fly with kids and dog on 13 August! Woooohoooo

 

So including the hick-ups it took about 10 weeks. But if we didn't have the problem with the Chinese birth certificate and the HK Police Clearance, all could have been done in less than 2 months.

 

My take-aways:

- We really did not need a lawyer. The US Embassy in Singapore was very responsive to email and quick to move forward whenever the right docs were received. 

- Even the Hong Kong Police was very responsive through email on the police certificate

- If you have all documents in order and you qualify for exceptional filing,  DCF is a very straightforward process at the US Embassy in Singapore

 

Hope this helps others in setting their expectations and preparing for their journey.

 

Cheers!

Edited August 9, 2021 by Annemieke
typos

[millefleur 5,047]

Thank you for the helpful report!

[uncle_chai 3]

Thank you for the detailed report--this is extremely helpful! Congratulations on your process being completed!

 

Wondered if you wouldn't mind sharing the process for taking your dog as well and if there was significant preparation/paperwork involved with that?

Edited August 12, 2021 by uncle_chai

[Annemieke 9]

Sorry @uncle_chai for the late reply. I was traveling so didn't have much time to react.

Actually I flew the dog to The Netherlands first, where my parents live, for him to stay for a bit while we get settled in the US. But I did look into the paperwork for the US and it seems even easier than the EU.

For the Netherlands I took the following steps:
1. booked the dog as excess baggage on my ticket to the Netherlands on KLM. They are known to be good with dogs. Dog ticket is around 200 euros.

2. I already had a crate from the time we flew him from Hong Kong to Singapore, but make sure  you have a decent sized crate

3. I made sure the dog had a rabies vaccination, more than a month before flying (needs to be 21 days before but can take a bit more time to be on the safe side). USA doesn't require a rabies vaccination from non-high risk countries like Singapore. But it always seems wise to vaccinate your dog anyway: https://www.cdc.gov/importation/bringing-an-animal-into-the-united-states/dog-origin.html

3. You need to obtain an export license from NParks, not earlier than 30 days before flying (This is a Singapore requirement). Easy to do online with your Singpass: https://www.nparks.gov.sg/avs/pets/bringing-animals-into-singapore-and-exporting/exporting-dogs-and-cats/preparing-to-leave-singapore . I got it about 20 days in advance because I wanted to be covered in case the flight or my visa would be delayed.

4. I needed a EU health certificate to be signed by a vet (upon health check of the dog) not earlier than 10 days in advance. For USA there is no federal requirement but states might request it. As we live in Chicago, I checked Illinois requirements and they do require a health certificate not earlier than 30 days in advance. You can check your state here:https://www.aphis.usda.gov/aphis/pet-travel/bring-pet-into-the-united-states/pet-travel-dogs-into-us

5. For the EU, the health certificate needed to be endorsed by AVS/NParks in Singapore. Which is also quite a straightforward process to apply for online, and was done within 1 business day. But it depends on your US state if this is needed. https://www.aphis.usda.gov/aphis/pet-travel/bring-pet-into-the-united-states/pet-travel-dogs-into-us

 

This was all the paperwork, and the US might be even easier depending on state. I did it without an agent.
Do realize though that a flight from Singapore to the US is much longer and has a layover which might complicate the situation. It's good to do some research on that.

Checking in with KLM was seamless and picking the dog up in Amsterdam Schiphol airport was easy too, they checked the paperwork at the red custom lane (something to declare) and we could go on our way. No quarantine from Singapore, that seems the same for most US States as well.

 

Good luck bringing your dog over!

 

 

Edited August 23, 2021 by Annemieke

[uncle_chai 3]

@Annemieke Thanks so much for taking the time to write a detailed response, especially in midst of a move. We really appreciate it and are using it as a guide for our planning. Hope your relocation and adjustment goes well!

[uncle_chai 3]

Hi @Annemieke, when you contacted the embassy to request petition by DCF, did you include documents of evidence (e.g. marriage certificate, passports, etc) in the initial e-mail? Did the embassy ask for additional documents to verify or was this something with the I-130 submission? Thank you for any information.

[brevig 28]

On 8/9/2021 at 2:37 PM, Annemieke said:

the lawyer wasn't much help and ceased the engagement

I've ran into the same issue.

 

On 8/9/2021 at 2:37 PM, Annemieke said:

to show the progression from that boy into the man he is now

Good thinking.

 

On 8/9/2021 at 2:37 PM, Annemieke said:

The US Embassy in Singapore was very responsive

I wish I was working with them, my experience is the other way around.

 

Thanks for sharing, it was very informative.  I also have a dog I'm trying to bring, has had rabbies shots twice, but we are in a high risk country and the new CDC rules from July 15 make it VERY difficult.

 

Anyways, wow, what a stressful situation you went through.  I'm glad everything worked out in the end and your whole family (dog included) arrived safely in USA.

[Annemieke 9]

On 8/26/2021 at 8:28 PM, uncle_chai said:

Hi @Annemieke, when you contacted the embassy to request petition by DCF, did you include documents of evidence (e.g. marriage certificate, passports, etc) in the initial e-mail? Did the embassy ask for additional documents to verify or was this something with the I-130 submission? Thank you for any information.

Hi @uncle_chai

 

To be honest, this is the part our lawyer did but as far as I know the proof they used for DCF was the job offer letter of the petitioner. There are only a few reasons you can ask for DCF, a job offer with short-term notice (ours was 2 months) is one of them. Based on this, our DCF was approved. 

Edited August 28, 2021 by Annemieke

[Annemieke 9]

On 8/27/2021 at 3:23 AM, brevig said:

I've ran into the same issue.

 

Good thinking.

 

I wish I was working with them, my experience is the other way around.

 

Thanks for sharing, it was very informative.  I also have a dog I'm trying to bring, has had rabbies shots twice, but we are in a high risk country and the new CDC rules from July 15 make it VERY difficult.

 

Anyways, wow, what a stressful situation you went through.  I'm glad everything worked out in the end and your whole family (dog included) arrived safely in USA.

Hi @brevig

 

Did you file at the US Embassy in Cambodia? I think every embassy is different. The embassy in Singapore works as everything in Singapore: bureaucratic and procedural but efficient.

Lawyers seem utterly useless, especially if you have informed yourself well through means like this forum. 

As for communication with the US Embassy in SG, their email channel works very well. I always received response in a day, which is not bad. Calling them etc indeed doesn‘t work but I found them helpful and very well aware of my specific case through email. But thiss could differ per embassy.

 

I feel visa processes are always stressful as it feels like your life depends on bureacracy and even through you have to commit to work, housing, school etc, the visa timeline is quite flux. 

 

Where are you in the process? Hope all works out with the dog. It adds extra stress 

 

 

Edited August 28, 2021 by Annemieke

[chloet 0]

Hi! Thank you for your detailed and clear report. It is indeed very helpful. I am looking into applying through this route as my husband (US citizen) and I (Singapore citizen) will be based in Singapore for at least the next two years now. 

 

May I check that since you have been married for more than two years, is your green card marked “IR1” or “immediate relative green card” at the time of green card approval? 

 

Also, do you know if you need to stay in the US for a minimum number of years? Or are you free to enter and exit the country whenever you like with the green card? 

 

Thanks again and I look forward to your replies!

[Annemieke 9]

Hi Chloet,

 

happy my experience might  have helped you. 
yes, we applied for an IR-1 visa because we have been married for 6 years. If married less than 2 years, it would be CR-1. Not much difference in the process in Singapore, only that the CR-1 the status is conditional so would need to go through the process of removing conditions after 2 years (when in the US)

 

My visa is marked IR-1 indeed and it’s a permanent resident status with green card for 10 years. I can move in and out of the US at any time. I have been in the US for 4 weeks now and just got a notification that USCIS mailed out my green card and SSN. 

 

Just be aware the only way to be able to file in Singapore through DCF (direct consular filing) is when your husband fits the following criteria for exceptional circumstances:

 

- A medical emergency, affecting either the sponsoring spouse or the spouse seeking a green card and requiring urgent travel. This might include a pregnancy where the expectant mother will soon be unable to fly.

- A military deployment, but only if the military service member received far less notice than normal.

- A change in employment, but only for a sponsoring spouse who is a U.S. citizen living abroad and whose work or job offer requires them to relocate to the United States on short notice.

- A threat to personal safety, if either the sponsoring spouse or the spouse seeking a green card has credible fears about their security.

 

we used the ‘change of employment’, my husband had an offer letter from his new employer in the US, with a start date within 3 months.

 

When there is no exceptional circumstance, you have to go the normal route through USCIS, which takes much longer (your interviews will still be at the Embassy in Singapore).

 

Hope this helps!

 

Good luck!

 

 

 

[milajulia 0]

Thank you so much for this helpful information! My fiancee and I are hoping to apply for DCF-EC as soon as we're married, as I need to be in the USA for a job in January.

 

If I may ask, which documents did you need to submit to the embassy to prove your compatibility with DCF? The ones that the lawyer sent on your behalf?

 

Thank you again so much!

[Annemieke 9]

Hi Milajulia,

 

Our lawyer just wrote an email and included the job offer, as that was a key document. (all other docs will be included in the I-130 filing)

I didn‘t see the email but don’t think it was anything special.

It‘s all at the discretion of the embassy if they take the case or not. They seem to be fair though but it does depend when your letter for the new job was dated. If September (to start in Jan), it’s fairly short notice. If longer they might argue you could have started the process earlier… I have no idea how they make that decision but best to try!

 

Good luck!

 

 

 

 

Edited September 16, 2021 by Annemieke

[analitikas 3]

33 minutes ago, milajulia said:

Thank you so much for this helpful information! My fiancee and I are hoping to apply for DCF-EC as soon as we're married, as I need to be in the USA for a job in January.

 

If I may ask, which documents did you need to submit to the embassy to prove your compatibility with DCF? The ones that the lawyer sent on your behalf?

 

Thank you again so much!

Which embassy are you contacting? They just asked me for additional information that I missed out in the email. I read a lot of online posts during the process and it looked like every country does things differently. 

[chloet 0]

10 hours ago, Annemieke said:

When there is no exceptional circumstance, you have to go the normal route through USCIS, which takes much longer (your interviews will still be at the Embassy in Singapore).

 

 

Hi! Thank you for your prompt and useful advice. 

 

So, if my husband and I are planning to stay in Singapore for the next two years (at least), and we don't have any exceptional circumstances to return to US to stay there long-term in the foreseeable future, can we still submit our application through DCF and go through the whole process albeit a longer one? 

 

Or do you know if our DCF application would be rejected by the US Embassy in Singapore at the start of the application? 

 

My husband still files US income-tax returns and has multiple US bank accounts to his name. 

 

Thanks so much again!!!