AlienAussie

My USC fiancee filed the I-129F in California, NOA Oct 24 03. CSC is the most backed up of all the SCs and at this rate, we probably have another two months before the petition is approved, and then I can apply for the K1 in Sydney. Then, after getting married in the States, I would need to jump through a lot of hoops (EAD, AOS, AP, etc.). Bottom line: I might be able to work in the US by September at the earliest.

But having read some postings here and on another forum, I have heard a little about DCF. My fiancee and I are considering getting married in Australia, doing the DCF in Sydney, and then coming back to the US, home free. But I have a few questions I would like answered, if anyone can help:

Q1. Will going down the DCF route with the K1 still in progress cause any problems?

Q2. Is it necessary to withdraw the K1 application? Obviously, we wouldn't want to withdraw it if for some reason the DCF doesn't work for us...

Q3. With DCF, would I be automatically issued a conditional GC, and therefore be able to work immediately on entry to the US? (Note that I already have a SSN from working on an H1-B for 3.5 years until July 2003).

Q4. Has anyone recently been through DCF in Australia? If so, could you share your experiences.

Thanks for any answers and advice.

Cheers,
Matt

PS: My heart goes out to all of those who are in a similar boat, away from their loved one and at the mercy of this beauracracy. Hang in there, it will be worth it in the end! I wish I had known about this forum before we even started the process, we would have done things differently!

meauxna

The answers to many of your questions are in the experiences of others, gathered at this site: http://www.kamya.com/interview/

If you read Australia #4, you'll find a K1er who even DCF'd after filing AOS in the states (ie, yes it's possible).

As to work, yes, after your CR-1 entry (Immigrant Visa) you are in "green card" status from Day 1, eligible to work and travel freely.

Australia is considered the 'easiest' post to DCF from and IMO is the absolute best option for those to whom it is available.

You can find a visa comparison here: http://www.visajourney.com/forums/in...pg=compare#dcf

If you allow your future posts to go to usenet, you will reach all of the readers of this newsgroup (alt.visa.us.marriage-based)

AlienAussie

Thanks for the answers and the tip about usenet. I had visited some of those pages you mentioned before but had not seen the comparison table.

My last remaining question is whether the US consulate in Sydney allows DCF when the USC is a US resident, rather than an Australian resident?

Cheers,
Matt

meauxna

The comparison table came to the FAQ courtesy of Alvena and the DocSteen pages; it was one of the best things on that site IMO as it spells everything out neatly.

To your final question: yes! That's what makes the Oz experience "great".
Get in touch w/the Immigrant Visa Unit (best if the USC does, actually) and have them get the packet started. Australia lets you start the process before you're even married, minimizing the USCs time abroad.
They do NOT use the term "DCF". The USC needs to know if they will allow her to file a petition I-130 on behalf of her spouse directly at the Consulate, even if she is not a resident of Australia.
You will then be applying for an Immigrant Visa (CR-1).

Congrats on finding out in time...where've you been!

jeffreyhy

Matt,

DCF means file an I-130 petition for a spouse directly with a consulate. A K1 visa is for a fiance(e). So if you want to come to the USA on a spousal immigrant visa, DCFing the I-130 or not, the I-129f petition that your fiancee has already filed for you has got to go.

Regards, JEff

AlienAussie

Do you mean the Immigrant Visa Unit at the consulate?

Having read the Aussie case studies, it looks much simpler and I can kick it all off by requesting "Packet 3". And yes, I was aware they don't use the term "DCF". In fact, this whole avenue is not very apparent on the BCIS/consulate sites even once you know it exists! There's the rub!

Excellent question! Our initial search turned up the old K1 FAQ site and that's what we used. I don't even want to begin to tell you all the other alternative tacks and opportunities we coulda/shoulda/woulda taken...

Thanks for your advice, I really appreciate it.

AlienAussie

Thanks Jeff.

I realise the I-129F will be a moot point once we're married and the I-130 is filed in Sydney. I guess I'm just worried about withdrawing the I-129F at this stage, given it's close to being approved. I mean, I would hate to need it because of some problem with the DCF, and for it not be available. Got me?

Still, the DCF advantages are clear and since I have no health issues nor criminal record, it looks like the way to go for me.

Cheers,
Matt

meauxna

oops, yes. Missed a bit out, didn't I?

All good points. I'm glad that my husband and I found out "in time" as well. We married and filed in Greece, although he's English. A key to your success will be having all your paperwork ready, so read ahead. The I-864 is probably the lengthiest document, and your gal will need to collect evidence for that from the US.

As to the other options, of course we considered them as well. But 'being together in the US immediately' was not the one and only solution for us; we wanted our cake and to eat it too! When I see the timelines for AOS here, I thank my stars every day. A few dollars and weeks invested here at the front end will pay off big time for your future. Let us know if you have other questions, but Australia DCF is well documented in the NG. You can search the archives easily at google: http://groups.google.com/groups?hl=e...marriage-based

My final caveat: ALWAYS check with your own Consulate for final information. Rules change and it's their word that counts, not ours. For example, there seems to be an NVC involvement that may or may not apply in Australia.

jeffreyhy

AA,

Yes, I understand your concern. But the I-129f is not a moot point once you're married and file the I-130 in Sydney. It's a moot point once you're married. You write as if there is some possible period of overlap between filing the I-130 and withdrawing the I-129f. There isn't.

If you reasonably believe that the I-129f is likely to be approved within 2 months, you've got a tough call to make. Good luck and best wishes.

Regards, JEff

AlienAussie

Gotcha -- you're saying that we would need to be married by the time the I-130 is filed, in which case the I-129F fiancee is no longer applicable.
Tough call, yes, but the thought of all that post-marriage processing on the K1 path (like the time for AOS that the other poster mentions) makes the DCF the way to go, methinks.

Cheers and thanks again!
Matt

meauxna

Hope you weren't trying to sign out of this conversation, JEff...(as I'm dragging it on).

I'd argue that in this case, even if the I-129f gets approved say, tomorrow, it's still a no-brainer to DCF. The way Sydney lets you "do" the whole Pck3 ahead of time... it's a one-trip visit to the Consulate.

Then again, it's not us
pax,
mo

jeffreyhy

meauxna,

That was my intention....

Precisely.

Regards, JEff