DCF in South Africa for non resident USC

[tranquilachica 0]

Hi All,

My fiance (South African) and I are considering DCF. I have a few questions about the process. I'm hoping someone who's gone through the process in South Africa can help out.

I read on the Depart of Homeland Security/USCIS Joburg Field Office website that the petitioner/USC must be resident in South Africa to file this way. Does anyway know what constitutes "residency?" The U.S. Department of State Foreign Affairs manual states that the USC must be resident in the country for at lest 6 months to be eligible to file directly. Does anyone know how these regulations are interpreted or enforced in SA?

I'm considering moving to South Africa (to work as intern for a South African organization) for a year. We would then get married 6 months after I arrive (June 08) and then do DCF soon after. But, I'm wondering about the domicile and income requirements for the Affadavit of Support. If I move to South Africa my U.S. income would not continue and I would not be making nearly as much in South Africa. As for domicile, what would be evidence of sufficent times to the U.S.?

I've also read that the DCF could backfire since cases cannot be denied by the consulate or field office. If there are any questions it must forwared to the NVC in the States for further review. My fiance was arrested about 8 years ago for disorderly conduct. He was able to obtain police clearance and was granted a B-2 visa to visit the U.S. last year. But, the lawyer I spoke with said this incident will involve more detailed background checks and could delay the process. Would you advise against doing DCF for this reason?

Any advice on how to proceed? Would the fact that I've moved to SA temporarily raise red flags?

I met with a lawyer this past week, but she wasn't very familiar with DCF. Would it be better to hire a lawyer based in South Africa?

Thanks,

Rebekah

[mishka b 0]

We were going to do DCF. My husband obtained "permanent resident" status by going to the local Home Affairs office and getting his visa adjusted (i don't know what the technical term is). All they did was place another sticker in his passport and stamp and sign it, but be sure to let them know that it needs to say "permanent resident" on the new visa - it is always safest to be as specific as possible when dealing with Home Affairs.

You will also need an unabridged marriage certificate, which was probably the most difficult to obtain of all the documentation. You marriage has to be registered in Pretoria (that is where all marriage, birth, death, etc registers are sent) before they can even BEGIN the process of issuing an unabridged marriage certificate. If you are married anywhere other than Home Affairs in Pretoria, you need to wait (up to 6 months or MORE) for your paperwork to be sent to Pretoria, before you will be registered on their system. My advice would be to get married "legally" at the home affair's office in Pretoria. That way you avoid the (very likely) chance of your paper work being lost en route. They may even be able to issue the unabridged marriage certificate right there, but be sure to call them first and check up on that. Your fiance should apply for an unabridged birth certificate in the mean time. That doesn't take as long to get, but it's never too soon to get the paper work organized, because there is SO much of it!

I don't know what you would do about the affidavit of support. My husband (the US citizen) dealt with the Department of Homeland Security at the JHB US Embassy when we were trying to go the DCF route. They are more than helpful when it comes to info, and they will tell you anything you need to know. They will also tell you which is the best way to go about getting your fiance a visa if you are unsure.

My husband was only here for 4 months, and the lady we dealt with at the embassy said that she would issue me a visa based on that. So i guess you don't have to be here for 6 months.

In the end, we waited so long for our South African documentation (police clearance, unabridged birth and marriage certificates), and when we went to file,

they informed us at the embassy that the laws regarding payment for DCF had changed and everyone was confused as to where you were supposed to pay the filing fees. We were so desperate to get my visa that my husband flew back to the USA and began the IR/CR1 process. We are STILL waiting for that to be finalized and it has been 9 months since he left!!! In the interim, i have heard of a number of couples who have successfully begun and completed DCF in JHB and are already in the USA, while i still sit here after a year and a bit waiting for my visa!

In my opinion DCF is the BEST route to take, especially if you are going to live over here for a while. I wish you all the best in your visa journey!

[NicknSarah 0]

Hi,

I was wondering could you please tell me all the documents you took with when you filed your I-130?

Thanks,

Sarah