DCF info

[JaH]

Would like to hear from someone who has experience with DCF, prefer in Kiev. Here's my situation, if it matters.

I was married to my wife in America 4 years ago, we went the 129F route like a lot of people. We left the US to come here to live for a time, until her son finished school. Now it is time to return to the US. I guess that DCF would be the best route, but want to make sure. I would like to stay here until the process is complete if I can. Would like to get inout from you all with experience to do the right thing and want to get the timeline, pitfalls, and ideas from those with first hand experience.

Thanks in advance.

[Ray]

... in response to DCF info, posted by JaH on Jan 1, 2005

How long was your wife in the States? What was her legal status when she left? Did she apply for Adjustment of Status? Did she get her green card? Will her son accompany her? What is his immigration status? Any other children from your marriage?

If she has a green card but is out of status because she stayed out of the country for over a year, then she “might” be able to file for an SB1 (Returning Resident) visa. Most likely, you will need to petition her for an IR-1 immigrant visa or a K-3.

It is possible that they will let you file for an IR-1 via DCF, but you may not be able to stay there until the visa is approved. You will probably be required to prove U.S. domicile by establishing U.S. residence and having a steady income from a stateside job before they will approve her visa. You may need to go back 3-6 months ahead of her.

I think the best thing for you to do is visit the U.S. consulate over there and see if you can sit down with an officer in the Immigrant Visa Branch and find out what your best options are.

Good luck,

Ray

[exlabman]

... in response to DCF info, posted by JaH on Jan 1, 2005

DCF is when you marry her in the country she is from. You say you were married in the USA an a K-1 visa...did you leave the country without an Advance Parole? You need to give us some more info.

Larry
Atlanta