DCF I-130 Question!

[SteelFaithU2 3]

"Direct Consular Filing (DCF) is the unofficial term for filing an I-130 petition via a Consulate overseas, rather than through the US Service Center. While not everyone will qualify to do so, this process can expedite the speed in which a beneficiary can enter the United States and become a Green Card Holder (US Permanent Resident)."

My fiance and I and considering doing this and getting married in PHI and living together for 6 months there before filing for this. Although, what does "While not everyone will qualify to do so" mean? Are only certain couple considered for special reasons?

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.

**Organizer hat off**

You have already identified one of the requirements for DCF which is residing in the country for 6 months prior to filing. There is an additional requirement in order to qualify for DCF and that requirement is that you must be residing in the country on a long term stay visa or residence permit. Tourist visa extensions will not count.

Edited July 24, 2012 by Ryan H

[Ning 619]

"Direct Consular Filing (DCF) is the unofficial term for filing an I-130 petition via a Consulate overseas, rather than through the US Service Center. While not everyone will qualify to do so, this process can expedite the speed in which a beneficiary can enter the United States and become a Green Card Holder (US Permanent Resident)."

My fiance and I and considering doing this and getting married in PHI and living together for 6 months there before filing for this. Although, what does "While not everyone will qualify to do so" mean? Are only certain couple considered for special reasons?

To file DCF the USC has to be a legal resident for at least 6 months. Not living there for 6 months as a tourist as an example. You just need to do whatever it is to get a resident type visa and stay 6 months.

[SteelFaithU2 3]

Oh, thanks for the info! I'm just SO upset I didn't know about this many months ago! My Fiance and I chose not to be married thinking that the K1 was our fastest and best option, and it turns out we were wrong. If only we knew about this last year - this really sucks to say the least. All I knew about was the K1 Visa and the Spouse Visa, but I had NO idea there was anything like this, what a huge kick to the gut this feels like....

[beejay 125]

Depending on where you got this information from it also could be referring to the fact that only countries/consulates with a USCIS field office are eligible for DCF. Manila is one of those so DCF is an option there.

[SteelFaithU2 3]

I got this info from Visa Journey. http://www.visajourney.com/forums/topic/379414-dcf-i-130-question/

Right now I'm trying to find out how long it would take to get a Spousal Visa for the Philippines. If we get married there, and then we apply for my PHI spousal visa, I wonder if it would be fast? Anyone have any experience with this?

[SteelFaithU2 3]

Anyone know the average costs of this visa as well?

[GlobeHopperMama 95]

Time - I'm not positive about Manila so hopefully someone there will give you more info, but DCF can potentially be finished from filing the petition to getting the visa within 3-4 months. With DCF, there are really two main factors: how long it takes the embassy to process the petition, and how long it takes them to schedule your immigrant visa interview. I just saw a post that Manila approved a DCF-filed petition in 3 weeks, so then from there, it's a matter of how long until they transfer the petition to the immigrant visa unit and let you come in for an interview, provided you already have all the necessary documents in hand.

Costs -

$420 fee for the I-130 petition

$230 immigrant visa fee

Medical exam fee, varies by country, but is usually more than $150, a Manila filer can tell you the exact fee there

Various document courier fees, plus whatever it costs you to obtain the necessary vital certificates and such (birth certs, police certificates, marriage certificate copies, etc.)

Travel expenses if you're not near Manila.

Am I forgetting anything?

Edited July 24, 2012 by GlobeHopperMama

[ljandjl 1]

Smaller fees, such as fees to get the police certificate, certified translations if applicable, copies of birth certificates, etc. For us it ended up being less than $100, but it will vary!!

[Joshuaching 11]

To file DCF the USC has to be a legal resident for at least 6 months. Not living there for 6 months as a tourist as an example. You just need to do whatever it is to get a resident type visa and stay 6 months.

You can not get a "permanent residence Visa" in the Philippines without getting married first, then get yourself petitioned by your new wife to stay in the Philippines as a permanent residence under the 13(a) provision of their immigration law. Then after acquiring a permanent visa, you can get an ACR (Alien Registration card), which the US Embassy requires in order for your to file a DCF with the local USCIS, at the US Embassy there.

Before everything is said and done, you'd realize that you're better off petitioning your fiancee under the K1 visa program.

[Joshuaching 11]

Oh, thanks for the info! I'm just SO upset I didn't know about this many months ago! My Fiance and I chose not to be married thinking that the K1 was our fastest and best option, and it turns out we were wrong. If only we knew about this last year - this really sucks to say the least. All I knew about was the K1 Visa and the Spouse Visa, but I had NO idea there was anything like this, what a huge kick to the gut this feels like....

Don't despair as both visas, Spouse or Fiancee, runs about the same filing-time wise. However, the fiancee visa is much more expensive in the long run because of the fees involved in changing her status, once you're married in the States.

[Bron Chase 1]

"Direct Consular Filing (DCF) is the unofficial term for filing an I-130 petition via a Consulate overseas, rather than through the US Service Center. While not everyone will qualify to do so, this process can expedite the speed in which a beneficiary can enter the United States and become a Green Card Holder (US Permanent Resident)."

My fiance and I and considering doing this and getting married in PHI and living together for 6 months there before filing for this. Although, what does "While not everyone will qualify to do so" mean? Are only certain couple considered for special reasons?

I think the main benefit of you moving to the Philippines, marrying there, and living there with your spouse until the petition is approved, is that you don't have to be apart from your spouse while waiting for the visa. By the time you move to Phils, get married, get your 13a in order, and live there for 6 months, it would probably be quicker and easier to do a fiancee visa. My wife and I chose to live together in Phils because we didn't want to be apart and I was able to find decent employment in Manila. My wife wanted to have her dream wedding in Intramuros in front of her friends and family, not in the US in front of a bunch of strangers. I don't know anything about your background, but it was very helpful for our relationship for me to live in Phils for awhile and understand my wife's culture.

"not everyone will qualify to do so", as others have stated, just means that you can't be in Phils solely as a tourist or student, but you have to be a resident in order to file for DCF. If you are financially capable of living in Phils for a bit it's a great way to start your new marriage out. Just keep those ties to your home state; you'll need to prove intent to re-establish US domicile when it comes time for the visa interview Good luck and feel free to ask if you have questions

- Bron (Makati/Utah)

[SteelFaithU2 3]

Thanks for all the help everyone, your advice and information has been really invaluable to us!

What do you mean by this though? "Just keep those ties to your home state; you'll need to prove intent to re-establish US domicile when it comes time for the visa interview".

Since we been waiting for nearly 6 months for our visa now, I don't think we'll be changing our course. Even though I'd love the opportunity to live in the PHI, I think us being together and stable is more important right now, and our K1 petition should be approved soon hopefully. I love my Fiance's family, and i'd really like to spend more time getting to know them better and living in another country full of new experiences, it's just too bad we didn't know about this option months ago, because we'd certainly be doing the DCF filing opposed to what we're doing now; this waiting game with VSC is just ridiculous and horrible for any couple's relationship and health.

[Bron Chase 1]

Thanks for all the help everyone, your advice and information has been really invaluable to us!

What do you mean by this though? "Just keep those ties to your home state; you'll need to prove intent to re-establish US domicile when it comes time for the visa interview".

Since we been waiting for nearly 6 months for our visa now, I don't think we'll be changing our course. Even though I'd love the opportunity to live in the PHI, I think us being together and stable is more important right now, and our K1 petition should be approved soon hopefully. I love my Fiance's family, and i'd really like to spend more time getting to know them better and living in another country full of new experiences, it's just too bad we didn't know about this option months ago, because we'd certainly be doing the DCF filing opposed to what we're doing now; this waiting game with VSC is just ridiculous and horrible for any couple's relationship and health.

If you file DCF in the Philippines then this would apply to you. To sponsor an immigrant you have to be domiciled in the US. If you're filing DCF then that means you currently reside in the Philippines. You have to prove to the CO that you are eligible to sponsor an immigrant, the main requirement of which is being domiciled in the US. So you have to prove that you, since the time of submitting your I-130, have either moved back to the US, or you intend to do so no later than the sponsored immigrant's entrance into the US. It sounds like you're going to stick with the fiancee visa so you don't have to worry about all of that. Good luck!

- Bron (Makati/Utah)

[sts 2]

USCIS Manila accepts applications and petitions from an individual who can establish residency in one of the

countries listed above. Section 101(a)(33) of the Immigration and Nationality Act defines "residence" as the

"place of general abode; the place of general abode of the person means his principal, actual dwelling place in

fact, without regard to intent." Residency must be established by the petitioner when filing a petition, or by

the applicant when filing an application. This was email to me from embassy in Manila. you can email to if you would like to make sure.

You do not need a 13A visa to file for DCF in manila. You do need to have lived here for 6 months or more, and be able to prove it (lease agreements, vehicle ownership, utility bills, etc.). We have had several clients in the last year who successfully filed DCF without having 13A visa, and have another that will be filed in the next 2 weeks.

Edited July 28, 2012 by sts