IR1 or DCF? US Citizen and Spouse Live Overseas

[garebear397 68]

I tried finding a recent thread with more complete information about options and procedures when both US citizen and their spouse live overseas (since the guide seems to be out-of-date), so I apologize if this has been discussed recently. 

 

Our case: married 5 years, 2 kids (US Citizens), live in Chile, looking to move back to the US (wife actually had a green card before we moved to Chile)

 

From what I understand: 

- DCF now is only available for certain circumstance (emergencies, military, job relocation?) 

- If I apply with the I-130 I can't apply with DCF

- If we don't qualify for DCF we need to apply for a IR1 like normal (seems can be done online now), and is taking 18-24 months it seems like 

- For the form I-864 affadavit of support, I won't have domicile, but I would be able to show intent (I have an active bank account in the US, drivers license, can show job applications, pontetially could register kids for school if needed), plus for the monetary side my parents to joint-sponsor without any issue. With all of that I assume it shouldn't be an issue. 

 

Can anyone confirm or deny any of my assumptions above? Or if there is some other key I am missing. 

 

Also my big question is if anyone has had sucess with the DCF with a job relocation exception? I could probably land a job in the US, with a start date and could try that route, and does seem like it would be faster. But I am nervous that the time it takes to be ready to move, get a job, process time of the DCF, etc. could be wasted if it doesn't work and then I lose all the wait time when I then have to apply for the I-130. 

 

Thanks!

 

 

 

 

[Boiler 45,445]

I think the only thing you are missing is the need fir a joint sponsor. DCF would  most likely avoid that.

[garebear397 68]

22 hours ago, Boiler said:

I think the only thing you are missing is the need fir a joint sponsor. DCF would  most likely avoid that.

It would avoid it since with my job offer it would be good by myself I assume? Again, its not really a big issue either way. 

[Boiler 45,445]

1 minute ago, garebear397 said:

It would avoid it since with my job offer it would be good by myself I assume? Again, its not really a big issue either way. 

Not a job offer, you would be working and be able to show pay slips.

[garebear397 68]

4 minutes ago, Boiler said:

Not a job offer, you would be working and be able to show pay slips.

I mean I would have pay slips from my job in Chile, but I wouldn't think that would count for much since that wouldn't transfer over to the US. But maybe I don't understand it clearly....I was thinking if I got a job offer for a new job (in the US), with an imminent start-date that it would qualify to do the DCF. So I wouldn't have any payslips or anything yet. 

Edited May 5, 2023 by garebear397

[Boiler 45,445]

8 minutes ago, garebear397 said:

I mean I would have pay slips from my job in Chile, but I wouldn't think that would count for much since that wouldn't transfer over to the US. But maybe I don't understand it clearly....I was thinking if I got a job offer for a new job (in the US), with an imminent start-date that it would qualify to do the DCF. So I wouldn't have any payslips or anything yet. 

DCF is quick but not that quick. Now admittedly I have not seen a DCF case in Chile. So I only have other Consulates timelines to go by.

 

Your job in Chile is irrelevant.

[Chancy 6,241]

On 5/4/2023 at 9:02 AM, garebear397 said:

my big question is if anyone has had sucess with the DCF with a job relocation exception?

 

Many reports of approved DCF requests based on job relocation over at the DCF sub-forum, although I have not seen any from Chile -- https://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

 

[garebear397 68]

On 5/5/2023 at 10:56 AM, Boiler said:

DCF is quick but not that quick. Now admittedly I have not seen a DCF case in Chile. So I only have other Consulates timelines to go by.

 

Your job in Chile is irrelevant.

Ok good to know (about the timing). Yeah that's what I thought (Chilean Job), but that's why I said I wouldn't have any payslips yet fro my US jobs, since it would just be an offer and start-date. 

 

On 5/5/2023 at 4:09 PM, Chancy said:

 

Many reports of approved DCF requests based on job relocation over at the DCF sub-forum, although I have not seen any from Chile -- https://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

 

Ok yeah I will check it out. 

 

And the end of the day we will probably just apply with the regular I-130, since our only real deadline of being in the US is trying to get there before my daughter starts first grade (which is still 3 years away). So that way there aren't added complications with job search pressure, potential added delays if DCF doesn't work out, etc. 

 

Thanks for the feedback! 

 

 

[intothelight2021 19]

one thing I would add: do check average wait times for CR1 interviews in Chile. In some countries, it takes 1 month to get an appointment (after being documentarily qualified by the NVC), in others 12 months or more. Knowing this will help you in scheduling your return, even if you do not have any time pressure. We are not based in Chile but also both overseas, so in the same boat. 

 

good luck

[garebear397 68]

14 hours ago, intothelight2021 said:

one thing I would add: do check average wait times for CR1 interviews in Chile. In some countries, it takes 1 month to get an appointment (after being documentarily qualified by the NVC), in others 12 months or more. Knowing this will help you in scheduling your return, even if you do not have any time pressure. We are not based in Chile but also both overseas, so in the same boat. 

 

good luck

Good idea! I just checked some other recent timelines on this website for Chile and seems like another 9 months after USCIS approval. Definitely gonna get the ball rolling here on the whole process.