DCF Guide Update

[meauxna 15]

Hi all,

The DCF Guide has finally been overhauled thanks to changes in Canada and a PM from an interested user who had some confusions from the old version.

Before I send it to Ewok, I'd love for interested readers to contribute a comment... things that I've missed out that should be in, things that are difficult to understand for someone not already familiar with the process, things that are superfulous and should come out... I'm open to reading it all.

I'd like to get this in for publication in the next couple of days; corrections or suggestions are *always* accepted, but if you want to see your changes in quickly, comment now!

Thank you for participating in keeping up to date & relevant information available for your fellow lovebirds!

(warning--last proof was very quick--help me with typos, please!)

Formatting not copied over.

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What Is DCF?

DCF or Direct Consular Filing is the colloquial term for filing an immediate relative (spouse, child, parent) petition I-130 overseas, rather than through the US Service Center.

The goal is Permanent Resident status aka a Green Card. Residents holding this card have full work and travel permission. Many K Visa holders get this status after completing their AOS/Adjustment of Status.

If the US Citizen lives overseas, they may always file their I-130 for a foreign spouse, child or parent at the US Consulate OR the USCIS Field Office serving their residence abroad.

An I-130 filed abroad is adjudicated (decided) in a very short time, certainly faster than a US Service Center.

Upon approval, the foreign spouse applies for an Immigrant Visa (class CR-1 or IR-1).

In some countries, the USC may file the I-130 at the Consulate, even if they are not resident abroad. This is the most common use of the DCF term.

How To Learn If You Can Do Direct Consular Filing for a Spouse

1. Find the website for your Consulate here: http://usembassy.state.gov/ and browse their information for Immigrant Visas. In particular, look for what they have to say about filing the petition. You want information about filing it with the Consulate, not in the US.

Often, the language on the websites is vague. Keep in mind that “resident” may mean something different than what you expect and may at its least simply mean “physically present”. No matter the case, if you are going to file directly, you must be physically in the country to do so.

1b. Your country may have a USCIS Field Office that accepts petitions directly. Find that information here: http://uscis.gov/graphics/fieldoffices/worldmap.htm It may be that the Consulate will not take the I-130 because it goes to USCIS. The end result of a successful petition is the same: when approved, the immigrant spouse may start the Immigrant Visa application.

2. Confirm directly with the Consulate in question that they will offer this service to you.

If you are not a resident of the foreign country, this is a courtesy, a favor, a little something extra from them to you, the USC. The Consulates are not required to do it and their policies and rules change from time to time, often when a new Consul General is appointed in a country.

Always double check the Consulate’s current policy before making your plans!

By now you’ll know if you are filing your petition with the Consulate or the DHS/USCIS office abroad. The end result will make no difference to an approved petition but make sure you are sending your paperwork to the correct place. When you contact the Immigrant Visa Unit at the Consulate, they will tell you where to file to.

This process is done differently in every country in the world. There is no one way to explain it here that will cover everyone’s case, so be prepared to do your research.

When you find the contact info for the office you are using, and you want to check whether or not they will take you case, speak to the right department, usually known as the Immigrant Visa Unit and be very specific and precise with your question. An appropriate question might be:

“Will you allow me, a US Citizen not resident in your country, to file a petition I-130 for my husband/wife who is a citizen/resident of your country?”

If you have previously been a resident of that country or have a birth-family connection to that country, it is worth including this information, as it may influence the outcome. Do not use abbreviations or slang terminology when speaking with the Consular officials, be very plain and explanatory, yet to the point. Be sure that they understand what you are asking, and be sure that you understand their answer completely. “DCF/Direct Consular Filing” is a slang term. It is not recommended to say “DCF”, but to stick to an accurate description of what you want: to file the I-130 for your spouse at their office, even if you do not live in their country.

If the foreign spouse is a resident, but not citizen of the target filing country, be sure to ask the Immigrant Visa Unit if that will be an issue at all. In my case it was not, but note that the USC and the foreign spouse should be legally present/resident in the 3rd country.

If you are not yet married you can contact the Consulate prior to marriage to see if they have instructions in writing they can mail to you or to get more information about this process before you marry. It may be that they have a packet of information that they can mail to you now, before the marriage. In Australia, for instance, the Australian fiancé can call the Consulate and request this packet prior to the marriage and go ahead and have the medical exam and get the police record, and complete all of the forms. The USC fiancé can arrive in Australia, marry and file the petition and the visa application at the Consulate at Sidney in one visit.

Timelines around the world vary: my own family’s visa process was 33 days from I-130 to visa in hand, busier Consulates may take 3 or so months and some countries with higher fraud or security issues may take longer. No matter which way you slice it, it is still faster than filing the I-130 at a US Service Center and going through the lengthy NVC process.

Please note: DCF is faster than processing through a US Service Center, but it is not instantaneous. The immigrating spouse is still required to make a complete Immigrant Visa application, including the appropriate marriage/divorce documents, police certificates, military records and a medical. Instructions for these documents are disbursed to the foreign visa applicant in the form of a checklist. The sooner you collect these documents, the faster you can submit your application.

It is well worth checking the experiences posted here and at the VisaJourney DCF Forum for tips related to your specific Consulate. There are various lists around (one maintained by an attorney) that tell countries that will and will not do DCF for non-resident USCs. Please note that this list changes frequently and is not always correct even when up to date. It is, however, a starting point. Policies for some Consulates are well known—others less so.

I encourage everyone to make their own call and find out for themselves if their Consulate is a ‘yes’ or ‘no go’ for non-resident DCF.

Countries where one should definitely consider non-resident DCF include Australia, Barbados, Cyprus, France, Greece, Japan, Malaysia, Netherlands, New Zealand, Taiwan. These are all countries that are currently liberal to very liberal with their residency requirements for USCs.

Experience postings help everyone; check visajourney for others’ experiences, and post your own to benefit future filers. Thanks to everyone who is keeping this information up to date!

OK, Ready To File

Here is how the procedure typically goes:

1- There is an initial “interview” where the USC and the foreign spouse appear to submit the I-130 and its attachments. Some Consulates accept these materials by mail, courier or in person with an appointment or only on specific days. Check the website of your Consulate for tips OR contact them directly to inquire.

2- The I-130 is adjudicated. Once the petition is approved, the foreign spouse may apply for an Immigrant Visa.

3- The foreign spouse’s visa application will include The Packet Formerly Known As “3”. This will include DS-230 Part 1 (the visa application) and a checklist of required documents. It may include information about the medical procedure for your area and certainly instruction for the Affidavit of Support I-864. If you have all of the documents for the petition + visa application ready at your first visit to the Consulate (to file the I-130) you may persuade the Immigrant Visa workers to accept the visa application early and start a provisional file for you. It is certainly recommended that one be as over prepared as possible when pursuing DCF.

4- The foreign spouse has the final interview at which time the visa is issued, the US citizen spouse does NOT have to be present at the final interview. The Machine Readable Immigrant Visa (MRIV) is glued into the immigrant’s passport. Expect delays of one to ‘some’ days for visa issuance after a successful interview. This delay seems to be the new norm.

5- The foreign spouse enters the US, and at the port of entry will have their MRIV endorsed with a stamp. That is now proof of the immigrant’s new status: Permanent Resident. It is adequate evidence for most purposes and is equal to the I-551card that will be mailed to them, aka the Green Card.

The foreign spouse receives immediate work and travel authorization from the “green card stamp”, and will only need their social security card before starting to work. You may have already applied for this on the visa application DS-230 II.

Note: If you have been married for less than 2 years when you enter the US, your Permanent Resident status has “conditions”. A CR-1 PR is no less a PR than anyone else, but they do have an additional step to take 2 years after they enter the US. Please see the Guides for Removal of Conditions (form I-751).

The visa resulting from a DCF case is the same Immigrant Visa that one would get by filing I-130 in the US: CR-1 or IR-1.

I recommend the following reads to anyone who is becoming a Permanent Resident, so you can better understand your rights and responsibilities.

Now That You Are A Permanent Resident

http://uscis.gov/graphics/howdoi/PermRes.htm

How Do I Remove the Conditions on Permanent Residence Based on Marriage?

http://uscis.gov/graphics/howdoi/remcond.htm

Welcome to the United States:

A Guide for New Immigrants

http://uscis.gov/graphics/citizenship/imm_guide.htm

Both of you live overseas

The USC must still meet the Consulate’s guideline for ‘resident’ to qualify to file abroad. This can be anything from a specific visa type (ie, Mexico requires a FM-2 or FM-3 visa) or proof of being ‘genuinely resident’. Check with previous users of your Consulate for guidelines if you are not satisfied with the answer you get from the Consulate. If your I-130 is accepted, that IS the DCF. Then you move on to the visa application.

There are some issues unique to being a USC who is living abroad. Mainly, that you must have a US domicile to qualify as a Sponsor for the I-864, a crucial part of the visa application.

Another issue is US-based income. To qualify, your current income must continue when you are in the US. Foreign employment often will not be of use to you. The instructions for the I-864 are helpful themselves, as well as the information in the following links. Your foreign spouse’s assets may be used, any joint assets you have, or any assets that you hold individually. Joint Sponsors are often the only answer for a couple relocating to the US.

USCs must file income tax returns with the IRS every year, regardless of where the income is generated. Some or all of your overseas income may be exempt. Please use irs.gov or contact your tax professional.

The I-864 requires the last 3 years of your Federal Income Tax Returns (copies of your transcripts are fine).

Here are some links discussing the I-864, domicile, and how to determine where yours is. Domicile is NOT the same as residence.

http://travel.state.gov/visa/immigrants/info/info_1328.html

General Information & Frequently Asked Questions Affidavit of Support (Form I-864)

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

AFFIDAVIT OF SUPPORT, Form I-864

http://uscis.gov/graphics/howdoi/affsupp.htm

How Do I File an Affidavit of Support for a Relative?

VisaJourney Threads:

http://www.visajourney.com/forums2/index.php?showtopic=63474

http://www.visajourney.com/forums2/index.php?showtopic=73734

[laybar 0]

meauxna,

One word B-e-a-u-tiful! Much, much better!

Actually, I even learned something from it b/c I wasn't informed that my foreign income didn't count unless it continued in the U.S. ... that might be a problem.

I though you might want to include the link to the IRS site where it specifically answers questions about this:

http://www.irs.ustreas.gov/faqs/faq13.html

Good job!

Oh, and thank you for your quick action!

[Cmguy 0]

Information is the key and you have provided the best source to date anywhere!!

Great Job !!!!

DCF standard reading 101

[aussiewench 9]

Great job Mo

My eyes aren't the best this day but can you correct spelling at this point please..should be Sydney

If you are not yet married you can contact the Consulate prior to marriage to see if they have instructions in writing they can mail to you or to get more information about this process before you marry. It may be that they have a packet of information that they can mail to you now, before the marriage. In Australia, for instance, the Australian fiancé can call the Consulate and request this packet prior to the marriage and go ahead and have the medical exam and get the police record, and complete all of the forms. The USC fiancé can arrive in Australia, marry and file the petition and the visa application at the Consulate at Sidney in one visit.

Would like to see the external links highlighted blue as is usual standard practice for off site links in particular

Lorelle

Dang I get sad everytime I read about DCF in Sydney and our not doing it ah well

[meauxna 15]

Would like to see the external links highlighted blue as is usual standard practice for off site links in particular

(warning--last proof was very quick--help me with typos, please!)

Formatting not copied over.

Whoops, must have been thinking "sissy" not "Sydney" --I always get those 2 confused.

Formatting to come later.

luisaybar: great idea about that IRS link.. there's several good ones over there!

[meddykomp 0]

I think the information is wonderful. I wish my husband and I had filed DCF, but I did not have the required documentation with me when I went. You may add Sweden to your list of places to go that route as they have a processing time of about 8 weeks.

The following sentence seemed a little awkward to me, but that is just my opinion.

When you contact the Immigrant Visa Unit at the Consulate, they will tell you where to file to.

Thank you for putting your time and effort into something that is so important to all of us.

Angel

[Jasman0717 9]

Nice write-up. Have you thought about talking to Capt. Ewok to get it pinned?

[Captain Ewok 1,891]

When it is done we can add it to the guides and replace the older DCF guide. I can also pin the info in the forums where ever required (this forum for sure).

This all looks so great. Terrific work!

[sadie33138 0]

Well done!!

[CarolineM 0]

truly amazing and SO MUCH better.

I wish this had been around when I started but doing my research was good too

[purpletruck 0]

Hi meauxna- I think it's worth mentioning that if the USC is in the US and the fiancee, at the time, is in their home country, in some countries you can get married and have the interview in the country within the same time frame. When I first heard about DCF I was worried about having to make multiple trips to NZ to complete the process because I have a fulltime job. Also, if the country allows you to do DCF if the USC isn't a resident of the country, you don't have to file the I-130 in person. Even though my fiancee was still in NZ at the time- he just mailed in the I-130. He was also able to travel to the US after we submitted the initial paperwork on a visitor's permit with no problem. I've heard that in other processes, the overseas fiancee can't make trips to the US once you've started the process through US immigration-that's cause for a lot of heartache I've heard in the K1 route. I think it might be nice to include a part about what others have used as "evidence" when filing. This maybe a little too much for the guide, but it's nice to know what other people have submitted since their paperwork is pretty vague at times. I think besides all the facts, people want to know the realities of the process, which you guys here have helped with immensely. If there was a consolidated posting of the realities/stories of the process that would help too. Thanks for all your help, Meauxna, and thanks for taking the time to help all of us!

[meauxna 15]

OK everyone, thank you for your suggestions and help with the grammer & typos.. cobbling together various documents makes for some funny cutting and pasting

purpletruck, I thought long and hard about how to encorporate your suggestions. I don't think it's right to put all the various permutations for each country in this document. I would rather see dedicated threads in the DCF Forum that answer this for each country and make a little historical record. We've started that with Canada and Australia--there hasn't been much call for others yet.

I very much like the idea of sketching out the list of forms (with fees?) and what makes up a general DCF packet (including visa app). I know that would've been very helpful to me! So we'll start another thread for that and can add it in later.

As to interviews, there is a site to house them already: www.kamya.com/interview has a great history and a great future, if everyone adds their experiences there!

I'm going to start working on the formatting, so this is last call for this version. I'm surprised that so few DCFers have come through to comment.. nudge your buddies if they haven't added anything, and if they have a critisism they don't want to post, they can PM me--I really don't take this personally. It's a document to help those who follow behind us, so think about what is useful for someone just walking into this.

Thanks again, everyone, for your comments!

[mellie 1]

Ok, Im late, Im sorry!!!

I think its perfect though, wouldnt change a thing! I like the idea of having another one with the forms and fees!! Would have taken the "sticker shock" off of last week for me!!

Well done girl! *pat on the back*

[meauxna 15]

Ok, Im late, Im sorry!!!

I think its perfect though, wouldnt change a thing! I like the idea of having another one with the forms and fees!! Would have taken the "sticker shock" off of last week for me!!

Well done girl! *pat on the back*

ahem

Well then, since you are our most recent subj..I mean victi.. I mean Successful Applicant! then you should start us off. Will you post your I-130 submission list, plus your visa application submission? The cover letters are usually good, if you have one

I'll go start the thread....

[mellie 1]

Ok, Im late, Im sorry!!!

I think its perfect though, wouldnt change a thing! I like the idea of having another one with the forms and fees!! Would have taken the "sticker shock" off of last week for me!!

Well done girl! *pat on the back*

ahem

Well then, since you are our most recent subj..I mean victi.. I mean Successful Applicant! then you should start us off. Will you post your I-130 submission list, plus your visa application submission? The cover letters are usually good, if you have one

I'll go start the thread....

I dont remember it off the top of my head, but I have our letter at home from the Sydney consulate stating what to bring and the order of it all and we followed it verbatium, so tomorrow I will do a post for you for what we took!