Direct Consular Filing
Dec 4th 2003, 7:35 am
#1
CA to TX to Jamaica
Thread Starter
Joined: Jun 2003
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Posts: 4,887
Direct Consular Filing
Ok I've done the search and found plenty of references to it, but no real explanations of what it is.
Anyone?
Anyone?
Dec 4th 2003, 7:45 am
#2
Joined: Apr 2002
Posts: 35,082
Re: Direct Consular Filing
Originally posted by CaliforniaBride
Ok I've done the search and found plenty of references to it, but no real explanations of what it is.
Anyone?
Ok I've done the search and found plenty of references to it, but no real explanations of what it is.
Anyone?
Dec 4th 2003, 7:48 am
#3
Concierge
Joined: Apr 2001
Posts: 46,468
Re: Direct Consular Filing
Originally posted by CaliforniaBride
Ok I've done the search and found plenty of references to it, but no real explanations of what it is.
Anyone?
Ok I've done the search and found plenty of references to it, but no real explanations of what it is.
Anyone?
If you are asking because you wish to do it, then I'm sorry to say that you are not eligible to do DCF (a layman's term by the way) as the US Citizen must have legal right to remain in the UK in order to qualify.
Simply, DCF direct consular filing is when the US Consulate allows the US Citizen to file the I-130 directly with them. They in turn will process the petition at the US Consulate. The foreign spouse will have to go through much the same as a K-1 or K-3 beneficiary, ie medical, police clearance, etc. and the USC will have to complete an affidavit of support and if not qualified to sponsor financially obtain a co-sponsor to assume that responsibility for the foreign spouse. The foreign spouse is then issued an appointment for an interview and if they are approved they have the right, within a certain timeframe, to enter the US as a permanent resident. This method circumvents the need to adjust status in the US with the long and tedious timelines involved. There is no need for employment authorization or advance parole (although a re-entry permit is necessary if they, as a PR, leave and remain outside of the US for 12 months or more).
DCF is not available in all countries and where available are only available if the criteria imposed by the particular US Consulate is met. For example, it is not available in Canada. The UK allows it only if the USC has right to remain issued by the government. Sweden, Holland and some other countries will allow it regardless of the US Citizen's status within the country. They need only be present for the initial filing.
Rete
Dec 4th 2003, 7:55 am
#4
CA to TX to Jamaica
Thread Starter
Joined: Jun 2003
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Re: Direct Consular Filing
Originally posted by meauxna
http://k1.exit.com/dcf.html
http://k1.exit.com/dcf.html
As I read it, in my case hubby could only have done DCF if he resided in UK.
Is that it?
CB
Dec 4th 2003, 8:03 am
#5
CA to TX to Jamaica
Thread Starter
Joined: Jun 2003
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Re: Direct Consular Filing
Thanks.
I was just wondering really. I think I'm going for information overload!
I was just wondering really. I think I'm going for information overload!
Originally posted by Rete
If you are asking because you wish to do it, then I'm sorry to say that you are not eligible to do DCF (a layman's term by the way) as the US Citizen must have legal right to remain in the UK in order to qualify.
Simply, DCF direct consular filing is when the US Consulate allows the US Citizen to file the I-130 directly with them. They in turn will process the petition at the US Consulate. The foreign spouse will have to go through much the same as a K-1 or K-3 beneficiary, ie medical, police clearance, etc. and the USC will have to complete an affidavit of support and if not qualified to sponsor financially obtain a co-sponsor to assume that responsibility for the foreign spouse. The foreign spouse is then issued an appointment for an interview and if they are approved they have the right, within a certain timeframe, to enter the US as a permanent resident. This method circumvents the need to adjust status in the US with the long and tedious timelines involved. There is no need for employment authorization or advance parole (although a re-entry permit is necessary if they, as a PR, leave and remain outside of the US for 12 months or more).
DCF is not available in all countries and where available are only available if the criteria imposed by the particular US Consulate is met. For example, it is not available in Canada. The UK allows it only if the USC has right to remain issued by the government. Sweden, Holland and some other countries will allow it regardless of the US Citizen's status within the country. They need only be present for the initial filing.
Rete
If you are asking because you wish to do it, then I'm sorry to say that you are not eligible to do DCF (a layman's term by the way) as the US Citizen must have legal right to remain in the UK in order to qualify.
Simply, DCF direct consular filing is when the US Consulate allows the US Citizen to file the I-130 directly with them. They in turn will process the petition at the US Consulate. The foreign spouse will have to go through much the same as a K-1 or K-3 beneficiary, ie medical, police clearance, etc. and the USC will have to complete an affidavit of support and if not qualified to sponsor financially obtain a co-sponsor to assume that responsibility for the foreign spouse. The foreign spouse is then issued an appointment for an interview and if they are approved they have the right, within a certain timeframe, to enter the US as a permanent resident. This method circumvents the need to adjust status in the US with the long and tedious timelines involved. There is no need for employment authorization or advance parole (although a re-entry permit is necessary if they, as a PR, leave and remain outside of the US for 12 months or more).
DCF is not available in all countries and where available are only available if the criteria imposed by the particular US Consulate is met. For example, it is not available in Canada. The UK allows it only if the USC has right to remain issued by the government. Sweden, Holland and some other countries will allow it regardless of the US Citizen's status within the country. They need only be present for the initial filing.
Rete
Dec 4th 2003, 8:14 am
#6
Joined: Apr 2002
Posts: 35,082
Re: Direct Consular Filing
Originally posted by CaliforniaBride
Thanks.
As I read it, in my case hubby could only have done DCF if he resided in UK.
Is that it?
CB
Thanks.
As I read it, in my case hubby could only have done DCF if he resided in UK.
Is that it?
CB
Looking at your timeline, if you ever wanted to look up user Haldaman (think he just had his interview this week) you would see an example of someone who found another way to accomplish UK DCF. Since you don't have a problem being here on VWP waiting for your interview, it's probably even odds to you, except that you may still have to adjust status. Remember that if your I-130 matures before/near your K3, you'll have the option of interveiwing for that, with the same 'result' as a DCF (but slower).
Like many things, it all comes down to time and money. Usually you have more of one than the other & that charts your course.
Dec 4th 2003, 8:19 am
#7
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Direct Consular Filing
Originally posted by Rete
For example, it is not available in Canada.
Rete
For example, it is not available in Canada.
Rete
Very well put. The only thing that I will add is that you stated the FACTS about I-130 processing in Canada. The LAW, as expressed in BINDING regulations, is that the Consulates [at least Montreal] are REQUIRED to take the I-130's if the petitioner is residing in Canada.
Of course, some people think that inconvenient FACTS should not get in the way of "binding law" and people should know the "law." I happen to think that the "facts on the ground" are just as important. Perhaps that is just me.
Dec 4th 2003, 8:28 am
#8
Concierge
Joined: Apr 2001
Posts: 46,468
Re: Direct Consular Filing
Originally posted by Folinskyinla
Hi Rete:
Very well put. The only thing that I will add is that you stated the FACTS about I-130 processing in Canada. The LAW, as expressed in BINDING regulations, is that the Consulates [at least Montreal] are REQUIRED to take the I-130's if the petitioner is residing in Canada.
Of course, some people think that inconvenient FACTS should not get in the way of "binding law" and people should know the "law." I happen to think that the "facts on the ground" are just as important. Perhaps that is just me.
Hi Rete:
Very well put. The only thing that I will add is that you stated the FACTS about I-130 processing in Canada. The LAW, as expressed in BINDING regulations, is that the Consulates [at least Montreal] are REQUIRED to take the I-130's if the petitioner is residing in Canada.
Of course, some people think that inconvenient FACTS should not get in the way of "binding law" and people should know the "law." I happen to think that the "facts on the ground" are just as important. Perhaps that is just me.
Binding is it. Can we send them a carton of Ex-lax to unbind them so that fact and law have equal status?
Dec 4th 2003, 8:30 am
#9
Joined: Apr 2002
Posts: 35,082
Re: Direct Consular Filing
Originally posted by Folinskyinla
Hi Rete:
Very well put. The only thing that I will add is that you stated the FACTS about I-130 processing in Canada. The LAW, as expressed in BINDING regulations, is that the Consulates [at least Montreal] are REQUIRED to take the I-130's if the petitioner is residing in Canada.
Of course, some people think that inconvenient FACTS should not get in the way of "binding law" and people should know the "law." I happen to think that the "facts on the ground" are just as important. Perhaps that is just me.
Hi Rete:
Very well put. The only thing that I will add is that you stated the FACTS about I-130 processing in Canada. The LAW, as expressed in BINDING regulations, is that the Consulates [at least Montreal] are REQUIRED to take the I-130's if the petitioner is residing in Canada.
Of course, some people think that inconvenient FACTS should not get in the way of "binding law" and people should know the "law." I happen to think that the "facts on the ground" are just as important. Perhaps that is just me.
Dec 4th 2003, 8:37 am
#10
CA to TX to Jamaica
Thread Starter
Joined: Jun 2003
Location: Location, Location.
Posts: 4,887
Re: Direct Consular Filing
Just had a look at Haldaman. Thanks for the pointer.
It appears that his US spouse obtained a visa for the UK, flew there with him and filed directly. Then she returned to the US.
Humpf! Wish I had known about this.
Is it really that simple?
CB
It appears that his US spouse obtained a visa for the UK, flew there with him and filed directly. Then she returned to the US.
Humpf! Wish I had known about this.
Is it really that simple?
CB
Originally posted by meauxna
That's it
Looking at your timeline, if you ever wanted to look up user Haldaman (think he just had his interview this week) you would see an example of someone who found another way to accomplish UK DCF. Since you don't have a problem being here on VWP waiting for your interview, it's probably even odds to you, except that you may still have to adjust status. Remember that if your I-130 matures before/near your K3, you'll have the option of interveiwing for that, with the same 'result' as a DCF (but slower).
Like many things, it all comes down to time and money. Usually you have more of one than the other & that charts your course.
That's it
Looking at your timeline, if you ever wanted to look up user Haldaman (think he just had his interview this week) you would see an example of someone who found another way to accomplish UK DCF. Since you don't have a problem being here on VWP waiting for your interview, it's probably even odds to you, except that you may still have to adjust status. Remember that if your I-130 matures before/near your K3, you'll have the option of interveiwing for that, with the same 'result' as a DCF (but slower).
Like many things, it all comes down to time and money. Usually you have more of one than the other & that charts your course.
Dec 4th 2003, 1:06 pm
#11
Guest
Posts: n/a
Re: Direct Consular Filing
Rete wrote:
>
> Originally posted by CaliforniaBride
>
> > Ok I've done the search and found plenty of references to it, but no
> > real explanations of what it is.
>
> >
>
> > Anyone?
>
> If you are asking because you wish to do it, then I'm sorry to say that
> you are not eligible to do DCF (a layman's term by the way) as the US
> Citizen must have legal right to remain in the UK in order to qualify.
>
> Simply, DCF direct consular filing is when the US Consulate allows the
> US Citizen to file the I-130 directly with them. They in turn will
[...]
> DCF is not available in all countries and where available are only
> available if the criteria imposed by the particular US Consulate is
> met. For example, it is not available in Canada. The UK allows it
> only if the USC has right to remain issued by the government. Sweden,
> Holland and some other countries will allow it regardless of the US
> Citizen's status within the country. They need only be present for the
> initial filing.
But of course check with the consulate. Sweden appears to have a
residence requirement:
http://www.usis.usemb.se/Consulate/iv2.html
"I-130 petitions must be filed at an United States Citizenship and
Immigration Services (USCIS) (USCIS) office in the United States or, if
the petitioner and beneficiary reside in Sweden, at the American Embassy
in Stockholm"
but they do not define what 'reside' means
>
> Originally posted by CaliforniaBride
>
> > Ok I've done the search and found plenty of references to it, but no
> > real explanations of what it is.
>
> >
>
> > Anyone?
>
> If you are asking because you wish to do it, then I'm sorry to say that
> you are not eligible to do DCF (a layman's term by the way) as the US
> Citizen must have legal right to remain in the UK in order to qualify.
>
> Simply, DCF direct consular filing is when the US Consulate allows the
> US Citizen to file the I-130 directly with them. They in turn will
[...]
> DCF is not available in all countries and where available are only
> available if the criteria imposed by the particular US Consulate is
> met. For example, it is not available in Canada. The UK allows it
> only if the USC has right to remain issued by the government. Sweden,
> Holland and some other countries will allow it regardless of the US
> Citizen's status within the country. They need only be present for the
> initial filing.
But of course check with the consulate. Sweden appears to have a
residence requirement:
http://www.usis.usemb.se/Consulate/iv2.html
"I-130 petitions must be filed at an United States Citizenship and
Immigration Services (USCIS) (USCIS) office in the United States or, if
the petitioner and beneficiary reside in Sweden, at the American Embassy
in Stockholm"
but they do not define what 'reside' means
Dec 4th 2003, 1:51 pm
#12
Joined: Apr 2002
Posts: 35,082
Re: Direct Consular Filing
Originally posted by L D Jones
<snip>
the petitioner and beneficiary reside in Sweden, at the American Embassy in Stockholm"
but they do not define what 'reside' means
<snip>
the petitioner and beneficiary reside in Sweden, at the American Embassy in Stockholm"
but they do not define what 'reside' means
Greece is specifically *excluded* in the 9FAM, but they adjucated our I-130 there anyway. It's just that the then INS did it and handed it over the counter to the Consular staff.
If anyone, anywhere at any time is considering DCF/Direct Consular Filing, they are officially a fool in my book if they make plans without communicating with the Consulate's IV unit first. When I read my own early posts, I'm amazed at how long I spent trying to get 'around' the system when all I had to do was call the Consulate and ask.
Howya doing these days anyway, L D?
Dec 4th 2003, 2:42 pm
#13
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Direct Consular Filing
Originally posted by meauxna
As usual. Ask me about my $500 Greek residence permit that no one ever looked at.
Greece is specifically *excluded* in the 9FAM, but they adjucated our I-130 there anyway. It's just that the then INS did it and handed it over the counter to the Consular staff.
If anyone, anywhere at any time is considering DCF/Direct Consular Filing, they are officially a fool in my book if they make plans without communicating with the Consulate's IV unit first. When I read my own early posts, I'm amazed at how long I spent trying to get 'around' the system when all I had to do was call the Consulate and ask.
Howya doing these days anyway, L D?
As usual. Ask me about my $500 Greek residence permit that no one ever looked at.
Greece is specifically *excluded* in the 9FAM, but they adjucated our I-130 there anyway. It's just that the then INS did it and handed it over the counter to the Consular staff.
If anyone, anywhere at any time is considering DCF/Direct Consular Filing, they are officially a fool in my book if they make plans without communicating with the Consulate's IV unit first. When I read my own early posts, I'm amazed at how long I spent trying to get 'around' the system when all I had to do was call the Consulate and ask.
Howya doing these days anyway, L D?
You did not, by defintion, do "consular filing" -- you did at the nearest INS office, which happened to be in the same building.
Dec 5th 2003, 5:45 am
#14
Joined: Apr 2002
Posts: 35,082
Re: Direct Consular Filing
Originally posted by Folinskyinla
Hi:
You did not, by defintion, do "consular filing" -- you did at the nearest INS office, which happened to be in the same building.
Hi:
You did not, by defintion, do "consular filing" -- you did at the nearest INS office, which happened to be in the same building.
I believe the most important part is the result. From filing to visa-in-hand was 33 days and even more important (more than 'the most important'?) is that my DAH *loves* living in the US. I was concerned about him giving up his Greek island after he'd broken free from the UK.
Same beach bum, different beach.
Dec 6th 2003, 9:22 pm
#15
Guest
Posts: n/a
Re: Direct Consular Filing
meauxna
As usual. Ask me about my $500 Greek residence permit that no one
ever
> looked at.
Hi;
I am most interested in your "residence permit". Waiting a year for
my princess is atrocious. If you as a US citizen can "reside" in
Greece, do you think my lady friend-a Russian- could also qualify for
this selfsame permit? Then, if we both are "residents" of Greece, we
could DCF and be back in Hawaii before my alzheimers sets in...
Please advise how to contact the proper authorities in Greece if
you think this is a viable method. If some country in the world (where
the consulate will do a DCF) has the wisdom to accept this process,
they would need baskets to cart off the foreign exchange that would
flow into their country.
As usual. Ask me about my $500 Greek residence permit that no one
ever
> looked at.
Hi;
I am most interested in your "residence permit". Waiting a year for
my princess is atrocious. If you as a US citizen can "reside" in
Greece, do you think my lady friend-a Russian- could also qualify for
this selfsame permit? Then, if we both are "residents" of Greece, we
could DCF and be back in Hawaii before my alzheimers sets in...
Please advise how to contact the proper authorities in Greece if
you think this is a viable method. If some country in the world (where
the consulate will do a DCF) has the wisdom to accept this process,
they would need baskets to cart off the foreign exchange that would
flow into their country.
