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Thread: Direct Consular Filing (DCF)

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    Direct Consular Filing (DCF)

    Welcome! This thread is a place for DCF filers or potential DCF filers to gather information, converse, and share experiences and resources about the process. Please read through the posts carefully and then feel free to join the conversation!
    __________________________________________________ _______________________________



    Direct Consular Filing is the name for the process where a US citizen living outside the US files the I-130 petition through the USCIS office at the US Consulate or Embassy in their country of residence instead of mailing the petition to the USCIS office/Chicago Lockbox in the US. In order to be able to do this, the US citizen must be legally residing in the jurisdiction of the Consulate or Embassy where they're filing. More information about eligibility is below.

    Because DCF bypasses the US service centers and the NVC stage, most DCF filers find that their cases move much faster than cases filed in the US. The time from filing the petition to attending the visa interview can be anywhere from 1 month (uncommon) to 5 (more common) to 8 or 9 (not as common).

    *NOTE: DCF worldwide saw major policy changes starting August 15, 2011. While filing an I-130 used to be possible through any US consulate or embassy worldwide, the policy has now changed and it can only be done at a consulate or embassy that contains a USCIS international field office, which really limits the possibilities and forces residents of many countries to submit their petition to the Chicago lockbox. More on this below, but keep this in mind if you find information from earlier than August 2011.

    The DCF Process (In General)

    1. Determine if you live in a DCF-enabled country

    To find the US consulate or embassy covering the area where you live, see this page. Then find out if your consulate/embassy has a USCIS field office on-site. See this page from USCIS. Many countries only have one USCIS Field Office (generally at the Embassy), some (like Mexico) have several, and some countries have none. If your country does not have a Field Office, the official stance is that you can no longer DCF in your country. This means you must follow the standard process, the same as those petitioners residing in the US, and use an international courier service to submit your petition to the Chicago lockbox courier address listed on the forms. However, be sure to list your international address in the first part of the I-130 form. It seems that by doing so, you flag your petition for expedited processing to compensate for the fact that your residence country no longer is equipped for DCF. This thread on VisaJourney details the observations and timelines of those who have experienced this extremely expedited processing (some to the tune of days) for petition approval.


    2. Confirm your DCF Eligibility
    You will want to confirm that you are personally eligible to file DCF. Even though the US Department of State has set out very specific guidelines on DCF, it seems every consulate/embassy has its own approach. According to the Department of State, the US citizen needs to have a resident visa in the country for at least 6 months before filing, and this requirement can only be waived in emergency or urgent humanitarian cases. However, for example, in Mexico, DCF filers have discovered that as long as the US citizen has an FM2/FM3 visa (or is also a Mexican citizen) and has 3 cycles of utility bills or bank statements to prove their continuous residence, they are allowed to submit the petition. In Guatemala, they are reportedly allowing DCF from a tourist visa as long as you can prove more than 6 months of residence in the country. In other countries, no particular visa type is needed, and the bills/statements are all the petitioner needs to submit the packet there. Contact your local consulate to find out what they require for DCF and if you fall outside the Dept of State regulations for DCF, reference your particular situation to see how they handle it.


    3. Gather the Necessary Documents for the Petition
    The specifics of these documents often varies by consulate, but according to the Department of State, here is what you need:

    I-130 documents
    • Completed I-130 petition
    • Completed and signed G-325As - One for the Petitioner, one for the Beneficiary
    • Fee for the I-130 ($420, but subject to change, see current fees here), contact consulate for acceptable forms of payment
    • Recent (30 days or less) color passport-size photos - one for Petitioner and one for Beneficiary

    Proof of Petitioner's US citizenship - any of the following works
    • US passport
    • US birth certificate
    • Naturalization Certificate
    • Consular Report of Birth Abroad

    Proof of marriage
    • Marriage certificate (translated into English if it's in another language)
    • Divorce, death, or annulment decrees if either person was married before (translated to English if in another language).
    • Proof of bonafide relationship - this varies a lot, but anything reasonable that proves you are a legitimate couple

    Proof Petitioner legally resides in the consular district
    • Usually this means a resident visa, sometimes coupled with other evidence
    • In Mexico, 3 cycles of bills or bank statements in the Petitioner's name (along with FM2/FM3) prove residency.

    Some consulates also require some sort of identification for the Beneficiary. Passport should be fine, but a national ID from that country should also be acceptable. They may also want the Beneficiary's birth certificate plus a translation into English. Check with the consulate to see what exactly is required there.

    There is a list of documents required for DCF in Mexico. While this list is labeled for Monterrey, it is reportedly the same across Mexico.

    You should prepare originals and copies of each of the documents required. If you choose, you may also include a cover letter, but it's not required.


    4. Submit Petition/Wait for Adjudication
    Most consulates have designated days and times for this, so check in advance when you should bring the packet. Some consulates require that you reserve an appointment for document submission. In some cases, you can submit by mail, so check with your consulate (member Ana confirms that Monterrey, Mexico accepts mailed I-130). If you are permitted to mail the petition, be sure to use a courier method (DHL, FedEx, UPS, registered federal mail, etc.) that includes tracking/delivery confirmation.

    When you submit the petition, the consular officer will review the material submitted. If anything is missing (photos, certificates, forms, etc.), they should tell you on the spot. Once they're sure all the correct information has been submitted, they'll accept it and put it in the process for decision-making.

    If the reviewer is satisfied that the proof of marriage is sufficient and the petitioner has proven their US citizenship, they only have to wait for a background check on the USC petitioner (Adam Walsh Act) which normally takes only a few days to weeks. Once that's done, the USCIS official approves the petition and notifies the petitioner and/or beneficiary through whatever means that consulate uses.

    Petition approval usually happens pretty quickly. On this forum we've seen anywhere from 1 day in Mexico City to a few weeks. Other forums report a many as 9 weeks or so, maximum. Definitely shorter than the 6+ months at the service centers in the US!


    5. After Petition Approval
    Once the petition is approved, you receive an approval notice and your case is forwarded on to the consulate/embassy in your country that issues immigrant visas (even if it's the same location, the petition generally has to transfer offices). This is where some of the time gets eaten up, as it can take months. When it arrives there, your case receives a case number, and you are sent instructions on what forms to gather next. In some cases where the USCIS office reviewing the petition is in the same location as the immigrant visa unit interviewing the beneficiary, petition approval may coincide with issuing of a case number and readiness for the interview stage. Some consulates will even let you schedule a visa appointment yourself and gather the necessary interview documents to bring to the interview with no need to submit anything ahead of time. In any case, you should receive a list of documents to prepare and either submit before interview scheduling or bring to the interview itself. As an example, here are the "Packet 3" instructions for Mexico. In general, the immigrant visa unit needs the DS-230 and I-864 along with all supporting documents. In Mexico, you do the DS-260 online instead of DS-230, and the consulate will instruct you in how to log in and complete this step. You also need to gather all the civil documents applicable to your case, although whether you submit them to the consulate ahead of time or at the visa interview varies by location. They should instruct you on this.

    For the I-864, many consulates require the petitioner to prove "domicile" in the US. Some links appear in the "More Resources" section below that may be helpful in deciding how to do so in your case.

    Important: Unless otherwise instructed, don't submit the "Packet 3" or other forms to the consulate or immigrant visa unit until you know your case number, and don't submit them without such documents being requested. Otherwise you risk having your submitted paperwork get lost in the hopeless abyss of bureaucracy.


    6. Prepare for visa interview
    Again, each consulate/embassy is different at this point. For those that require you to submit the DS-230 and I-864 in advance, you will wait for these packets to be processed and then wait for the visa interview to be scheduled or for clearance to schedule it yourself. Again, this is where a lot of the waiting comes in, and just how long you wait varies by consulate. Meanwhile, some consulates/embassies allow the applicant to schedule their own visa interview and you don't have to submit any documents for the visa application until the interview itself.

    When the interview is scheduled, you'll be notified with the date and instructions, including where to do the pre-interview medical exam. This is often called "Packet 4" (Packet 4 for Mexico). Beware - certain consulates/embassies require the medical to be done with sufficient time for processing results. Example: Seoul=5 days minimum in advance, San Salvador=3 WEEKS minimum in advance. Be sure to allow ample time for getting the medical done before scheduling a visa interview. Also, the issuance of the immigrant visa is tied to the medical exam date, and any visa you get will only be valid for 6 months from the date of the medical, so be sure not to schedule TOO far in advance, either, if you're not planning to go straight to the US when you obtain the visa.

    You will need to pay the visa fee (currently $230) at your interview This is different than non-DCF filers who pay this fee at the NVC. The consulate should instruct you on acceptable payment methods. You will NOT need to pay any fees for the I-864 (unlike non-DCF filers who must pay $88 to have the I-864 reviewed in the US).


    7. Visa Interview
    From here, your process looks just like anyone else's who filed the standard way. If you have no inadmissibilities and your visa is approved, your passport should be returned to you with the new immigrant visa inside. If you are inadmissible and need to file a waiver, you'll need to go through the regular waiver process at that consulate.


    More DCF Resources
    Family Based Immigration DCF Guide
    Family Based Immigration DCF Forum
    Visajourney DCF Guide
    Visajourney DCF Forum
    Domicile for DCF Sponsors
    More Ways to Establish Domicile


    Prior I2us threads on DCF
    Direct Consular Filing - Mexico?
    I-130 approved through Mexico City
    Yay! I got a call from the U.S. Consulate in Juarez



    I2us Members doing DCF
    Solace - Mexico City
    12/16/08 I-130 filed
    12/17/08 I-130 approved

    EsperanzaXMyS
    - Mexico City
    9/9/10 I-130 filed
    10/13/10 I-130 approved
    12/23/10 Notified that petition was erroneously transferred to Nebraska Service Center
    2/8/11 Packet 3 sent to CDJ (via DHL)
    2/15/11 Packet 3 confirmed in system at CDJ
    3/29/11 visa interview

    grangkm - Ciudad Juarez
    9/28/10 I-130 filed
    10/14/10 I-130 approved
    10/25/10 Packet 3 submitted
    11/23/10 case completed and interview assigned
    1/6/11 visa interview
    3/7/11 waiver interview
    3/14/11 waiver APPROVED!!!

    Ana
    - Monterrey
    10/10/2011 - I-130 sent to MTY
    10/11/2011 - I-130 received at MTY
    10/12/2011 - I-130 approved
    10/19/2011 - I-130 sent to CDJ
    11/07/2011 - CDJ issues receipt #, payment instructions, and permission to set up visa appt

    jessl86 - Mexico City
    6/30/11 I-130 filed
    7/11/11 I-130 approved

    Los G - Seoul
    07/02/12 I-130 filed
    08/08/12 I-130 approved, permission to schedule interview at will
    11/20/12 IV medical at Yonsei Severance Hospital
    11/29/12 Immigrant visa interview


    DCF filers, please post your questions and expertise here!
    Last edited by Los G; 11-30-2012 at 02:49 AM. Reason: updating info
    Please post your immigration questions on the forum, not in a private message. Always consult an experienced lawyer before filing.
    *If you believe you or someone on your behalf checked the "US Citizen" box on an employment document, please do not send a private message. Talk to a trusted lawyer about what could happen. *
    Getting StartedGetting Legal Status for Your Loved OneWaiver Eligibility
    Recommended Lawyers Visa BulletinHelp from Elected OfficialsTranslations

    Consular ProcessKnow before filingSpouse/Fiance Petition Petition Processing TimesNVC Stage Medical/InterviewI-601 WaiverAfter Approval
    Other Routes Adjustment of Status in the US Direct Consular Filing

    Living Outside the USLife in MexicoMoving to Canada Moving to Other Countries

    Officially banned for life w/no waiver (6cii)- but we don't give up! Read our story
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  2. The Following 7 Users Say Thank You to Los G For This Useful Post:

    Ana (10-16-2010),Crendon (10-19-2010),guestny (08-22-2013),lsanchez124 (11-17-2011),MaraYDelBarrio (10-16-2010),MR21 (02-07-2012),Tropical (06-22-2011)

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    what did you need (anyone filing DCF) to show proof of residence? I was told my FM2 card and my rental agreement would be enough, I was given this information by the consulate in Monterrey. Anyone hear anything different?

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    Ana, I found some interesting stuff while finding resources for this thread, including Monterrey's list of required documents for DCF. It seems like 3 months of utility bills, statements (or I would assume rental agreement) is all they need, plus your visa.
    Please post your immigration questions on the forum, not in a private message. Always consult an experienced lawyer before filing.
    *If you believe you or someone on your behalf checked the "US Citizen" box on an employment document, please do not send a private message. Talk to a trusted lawyer about what could happen. *
    Getting StartedGetting Legal Status for Your Loved OneWaiver Eligibility
    Recommended Lawyers Visa BulletinHelp from Elected OfficialsTranslations

    Consular ProcessKnow before filingSpouse/Fiance Petition Petition Processing TimesNVC Stage Medical/InterviewI-601 WaiverAfter Approval
    Other Routes Adjustment of Status in the US Direct Consular Filing

    Living Outside the USLife in MexicoMoving to Canada Moving to Other Countries

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    thanks.

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    Country: Mexico
    All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: I-130 Form).
    A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.

    Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?

    No, the law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States.

    If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

    No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.

    contradictory? or am I reading this wrong?



    and what about this:
    How can a petitioner establish a domicile?

    When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

    * Find employment in the United States
    * Secure a residence in the United States
    * Register children in U.S. schools
    * Relinquish residence abroad
    * Other evidence of a U.S. residence
    and what exactly does this mean? I have to leave before him? Because this statement is so very contradictory!
    If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.
    I can't stay in MX with my husband until this is finished then move back WITH him? That's just crazy! I came to MX for no more than 18 months to fix this mess, I now have to go back and establish a residence? also, how doe we get our belongings moved back? I thought once we were approved, we had a certain number of days to leave MX which would give us time to come back to Monclova and pack up and move back to the states? not so?
    Isn't this the same as Relinquish residence abroad?
    Last edited by Ana; 10-16-2010 at 02:09 PM.

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    Ana, I honestly don't think this is as big a deal as they make it. Maintaining domicile is not too tricky. According to this embassy site, there are a lot of easy ways to maintain domicile:
    What is the U.S. Domicile Requirement for Petitioners Living Outside the U.S.
    The U.S. Domicile Requirement for Petitioners Living Outside the U.S.
    A petitioner living outside the United States and who has not maintained any ties with the United States, and who wishes to qualify as a sponsor must demonstrate that:
    1. He or she has taken steps to establish a domicile in the United States;
    2. He or she has either already taken up physical residence in the United States or will do so currently with the applicant;
    3. The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant;
    4. The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or
    5. Must at a minimum to state that he or she intends to take up residence there no later than the time of the applicant’s immigration to the United States.
    Although there is no time frame for the petitioner to establish residence, the sponsor/petitioner must in fact, have taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:
    1. Opening a bank account;
    2. Transferring funds to the United States;
    3. Making investments in the United States;
    4. Seeking employment in the United States;
    5. Registering children in U.S. schools;
    6. Applying for a Social Security number; and
    7. Voting in local, State, or Federal elections.
    If you haven't registered to vote abroad, it may not be to late, I would check. Here's a helpful site. That's one simple way to show you intend to return to the US. If you miss the registration period for this election, you can probably still vote in the Spring.

    Also, it seems that simply stating a US permanent address and the intention to go there upon returning to the US is enough. I wouldn't worry too much.
    Last edited by Los G; 10-16-2010 at 05:19 PM.
    Please post your immigration questions on the forum, not in a private message. Always consult an experienced lawyer before filing.
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  8. #7
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    OK, I am still registered to vote, we will be staying with a friends for a few months (on property guest house) so I guess that is proof enough of residence. When they issue his visa, will they give him time to come back to Monclova to load his belongings to leave, or is this something we should do ahead of time? Does he HAVE to cross at CDJ?

    thanks

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    He doesn't have to cross at CDJ. They will direct him to a specific bridge in CDJ if he does, but if he doesn't cross in CDJ, there are no specific POE requirements.

    His visa will be valid for 6 months when issued, so he has all that time to close up shop and move to the US.
    Please post your immigration questions on the forum, not in a private message. Always consult an experienced lawyer before filing.
    *If you believe you or someone on your behalf checked the "US Citizen" box on an employment document, please do not send a private message. Talk to a trusted lawyer about what could happen. *
    Getting StartedGetting Legal Status for Your Loved OneWaiver Eligibility
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    Consular ProcessKnow before filingSpouse/Fiance Petition Petition Processing TimesNVC Stage Medical/InterviewI-601 WaiverAfter Approval
    Other Routes Adjustment of Status in the US Direct Consular Filing

    Living Outside the USLife in MexicoMoving to Canada Moving to Other Countries

    Officially banned for life w/no waiver (6cii)- but we don't give up! Read our story
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  10. The Following User Says Thank You to Los G For This Useful Post:

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    that is good to know, I am sure we will come back that day and load up and head out within a 4 day period. I am anxious to get back for my surgery. I just thought he had to leave immediately.

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    BTW, Great thread!! very informative, nice job.

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