DCF Filing

[athomp 0]

We Have filed the I-130 and the I-129F in the states and I wonder if going the DCFroute would be better do having a past fraud conviction and will this cause them to turn down our application even though we have children and I have become very ill I guess this does not matter any assistance would be greatly appreciated

[Fischkoepfin 1]

I don't think you can switch to DCF after filing in the States. You also can't DCF in most countries unless you live there. It's hard to tell in your case because you don't have any info in your profile so I would suggest to if you want more definite answers.

As to your second question, it would depend if the conviction shows up on your record and on the CO, but most likely it will cause a problem (same would be true if you went through DCF). You can, however, file for a waiver if the USC can prove hardship. You can find more info on waivers in the waiver forum.

Good luck!

[CarolineM 0]

Kids and/or illness make no difference. They don't care. Sorry I don't konw the answers to the rest of your quesitons. Knowing where you are might help

[athomp 0]

Kids and/or illness make no difference. They don't care. Sorry I don't konw the answers to the rest of your quesitons. Knowing where you are might help

We are located in michigan and my spouse is in belize where I have been living for a year Edited April 14, 2006 by athomp

[Fischkoepfin 1]

Wait, you are in Michigan with your children and your spouse is in Belize? Who has the fraud conviction? You, the USC, or your spouse? If it's you it shouldn't matter, I think.

It would still help if you filled in your profile and the timeline.

[meauxna 15]

We Have filed the I-130 and the I-129F in the states and I wonder if going the DCFroute would be better do having a past fraud conviction and will this cause them to turn down our application even though we have children and I have become very ill I guess this does not matter any assistance would be greatly appreciated

hi athomp, you must be Erin's friends from CC,

As I explained to Erin, it's impossible to tell about your paperwork without knowing what you already have going.

Can you get out the receipts notice you got in the mail (I think they're labeled I-797 or similar?) that show a receipt date for your I-130 and one for your I-129f? That will help everyone know how far along you are already, which will help you decide if you should return to BZ.

I trust your border crossing went OK?

Look after you health, and I'm sure everyone will be full of ideas of how your wife can get to the States soon.

meauxna

[athomp 0]

We Have filed the I-130 and the I-129F in the states and I wonder if going the DCFroute would be better do having a past fraud conviction and will this cause them to turn down our application even though we have children and I have become very ill I guess this does not matter any assistance would be greatly appreciated

hi athomp, you must be Erin's friends from CC,

As I explained to Erin, it's impossible to tell about your paperwork without knowing what you already have going.

Can you get out the receipts notice you got in the mail (I think they're labeled I-797 or similar?) that show a receipt date for your I-130 and one for your I-129f? That will help everyone know how far along you are already, which will help you decide if you should return to BZ.

I trust your border crossing went OK?

Look after you health, and I'm sure everyone will be full of ideas of how your wife can get to the States soon.

meauxna

Yes I am erins friend . The date on the I-130 is dated November 21,2005 and the I-129F is dated Feb 20,2006. Thanks for your assistance Edited April 14, 2006 by athomp

[meauxna 15]

Yes I am erins friend . The date on the I-130 is dated November 21,2005 and the I-129F is dated Feb 20,2006. Thanks for your assistance

I forgot to ask you again...

Assuming that you filed your I-130 to Nebraska Service Center, and it was transferred to California automatically, your I-130 may be adjudicated any time soon now; I do not think that you would benefit by re-filing in BZ unless you are already planning to head back there. The Consulate will probably be reluctant to take your case at this point anyway.

I suggest that you read some of the posts and the Guide related to CR-1/IR-1 visas. You can find out how to sign up online to get further info about your case and find out if it is indeed in California. An approved I-130 would be your ideal situation (IMO).

It appears that your I-129f is also very close to adjudication. If you need your wife to move to the US very soon, and are not concerned with her being able to work immediately, this is still a good path to follow. After approval, the I-130 will still be in the US for several months before your wife could interview. After the I129f is approved, the wait time to interview is much shorter.

Your previous conviction should not have any bearing on the approval of your petitions, or of your wife's visa application.

I suggest that you have a lot of reading to do, and the Guides here at VJ explain things well enough to get your started. There is some preparation that you can start now to get ready for her interview. Making sure that your financials are ready for the Affidavit of Support is one big and important one.

Best luck; hope we can help you figure some of it out!

m

Edited April 14, 2006 by meauxna

[athomp 0]

Yes I am erins friend . The date on the I-130 is dated November 21,2005 and the I-129F is dated Feb 20,2006. Thanks for your assistance

I forgot to ask you again...

Assuming that you filed your I-130 to Nebraska Service Center, and it was transferred to California automatically, your I-130 may be adjudicated any time soon now; I do not think that you would benefit by re-filing in BZ unless you are already planning to head back there. The Consulate will probably be reluctant to take your case at this point anyway.

I suggest that you read some of the posts and the Guide related to CR-1/IR-1 visas. You can find out how to sign up online to get further info about your case and find out if it is indeed in California. An approved I-130 would be your ideal situation (IMO).

It appears that your I-129f is also very close to adjudication. If you need your wife to move to the US very soon, and are not concerned with her being able to work immediately, this is still a good path to follow. After approval, the I-130 will still be in the US for several months before your wife could interview. After the I129f is approved, the wait time to interview is much shorter.

Your previous conviction should not have any bearing on the approval of your petitions, or of your wife's visa application.

I suggest that you have a lot of reading to do, and the Guides here at VJ explain things well enough to get your started. There is some preparation that you can start now to get ready for her interview. Making sure that your financials are ready for the Affidavit of Support is one big and important one.

Best luck; hope we can help you figure some of it out!

m

I just got off the line with USCIS and they said it did not appear to be any problems , but they have sent out approvals on people who filed their I-129f a week after we mailed ours in . Does this mean it is a problem or what does this mean . She also said we should hear something in a couple of weeks. Is that good or is it bad?

[iceyspots 0]

I just got off the line with USCIS and they said it did not appear to be any problems , but they have sent out approvals on people who filed their I-129f a week after we mailed ours in . Does this mean it is a problem or what does this mean . She also said we should hear something in a couple of weeks. Is that good or is it bad?

A week isn't much of that big of a gap...

[meauxna 15]

I just got off the line with USCIS and they said it did not appear to be any problems , but they have sent out approvals on people who filed their I-129f a week after we mailed ours in . Does this mean it is a problem or what does this mean . She also said we should hear something in a couple of weeks. Is that good or is it bad?

None of it means anything, in my experience.

Which also doesn't "mean" anything.

Your I-129f is very close to the date they are adjudicating (deciding). That means that you will see cases filed *around the same time as yours* begin to be approved. The system is so huge that there is no straight-forward First In First Out method. However, when you see people right around your time being approved, you can bet you are on someone's desk and likely to hear something very soon.

BTW, the 1-800# is usually called the MisInformation Line. I don't recommend that you call them for information; they can't see more than you can online, but they'll talk to you all night if you let them.

Check out some timelines in the K-3 forum here, and you'll also get a chance to look ahead to what people gather up for the interview.

Putting together the Affidavit of Support is usually the hardest part for we US citizens who have been living outside the US for awhile. The K-3 visa will take the less-stringent I-134. The Immigrant Visa (from the I-130) will require an I-864. You will eventually require an I-864; get familiar with it.

Looks like things are moving along just fine, and I can't see a benefit to you now for a DCF. You may want to see about letting the I-130 follow through to an Immigrant Visa vs Adjustment of Status; that will be one of your future decisions.