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Turbota

Procedures for US Immigrant Visa using Direct Consular Filing (DCF)

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When a married person orders a CENOMAR, it will come back as a CEMAR, Certificate of Marriage.

Just as a matter of clarification, it isn't the certificate of marriage that we are used to in the Philippines, which is just a certified copy of the marriage license. What you get back looks just like a CENOMAR except that it says you are married and says who you are married to...hence CEMAR.

Edited by Headshot

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shadow

Regarding this line: "If the sponsor has been married to the applicant for at least 2 years upon entering the U.S. for the first time, the applicants Immigration status will be IR-1 when they arrive, and they will receive a Ten Year Green Card within weeks of arrival. Then there is no need to go through the 1 year “Adjustment of Status”. "

 

My wife has a B-2 so I was thinking IF (that's a big if) I were to want her to get US citizenship, I'd just fly her there and do a change of status. Would using that method have the 1 year wait? Maybe best to do the DCF unless the move really was permanent.

 

That line is rather misleading, as there is no "one year wait". If the beneficiary of a spousal visa has been married for two years or more at the time of entry, permanent residence status will be granted, and a ten year green card will be issued. If they have NOT been married for two years at the time of entry, CONDITIONAL residence will be granted, a TWO year green card will be issued. At the end of the two years, he/she applies for REMOVAL OF CONDITIONS to get a ten year PERMANENT RESIDENCE green card.

 

Where the applicant has a B2 visa, so long as she/he abides by the terms of that visa, it matters not where they are when applying for permanent residence status, so long as the applicant continues to abide by the terms of the B2 visa. (IE, leaves as outlined by the B2)

 

Two years and nine months AFTER issuance of the first green card, he/she can apply for CITIZENSHIP provided they have not spent significant amounts of time out of the US.

 

Larry in Dumaguete

Edited by shadow

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SkyMan

That line is rather misleading, as there is no "one year wait". If the beneficiary of a spousal visa has been married for two years or more at the time of entry, permanent residence status will be granted, and a ten year green card will be issued. If they have NOT been married for two years at the time of entry, CONDITIONAL residence will be granted, a TWO year green card will be issued. At the end of the two years, he/she applies for REMOVAL OF CONDITIONS to get a ten year PERMANENT RESIDENCE green card.

 

Where the applicant has a B2 visa, so long as she/he abides by the terms of that visa, it matters not where they are when applying for permanent residence status, so long as the applicant continues to abide by the terms of the B2 visa. (IE, leaves as outlined by the B2)

 

Two years and nine months AFTER issuance of the first green card, he/she can apply for CITIZENSHIP provided they have not spent significant amounts of time out of the US.

 

Larry in Dumaguete

Ok, so our 2nd anniversary is next month. Suppose in 2 years we go back to the states and I(we) decide to stay. There is some way to apply to change her B-2 to a spousal immigrant visa, right? Assuming that is approved she would then get the Green card, etc. right away as if we were here and did a DCF, right?

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shadow

Ok, so our 2nd anniversary is next month. Suppose in 2 years we go back to the states and I(we) decide to stay. There is some way to apply to change her B-2 to a spousal immigrant visa, right? Assuming that is approved she would then get the Green card, etc. right away as if we were here and did a DCF, right?

 

 

Uhhh, no. Most of the time involved in getting a spousal visa from stateside is getting through the stateside service center (5-6 months) and then the NVC (1-2 months) before it is sent to Manila. This is why to file from stateside it takes 10 months, while filing from the Philippines it can take as little as 3 months. If filed in the Philippines, it never goes to a US based service center or the NVC. Believe it or not, Manila is much more efficient than the stateside offices.

 

The spousal visa is a whole new visa, rather than converting the B2 to spousal. Theoretically as long as she didn't overstay her B2 she would be fine. However, it takes longer to process the spousal visa than the B2 visa entrant is generally allowed to stay in the US.

 

Also, if she enters on a B2 visa, and then applies for I-130 they are going to be looking real hard at her intentions. If they determine she intended to use the B2 visa as an immigrant visa, they can throw the whole slew in the trash, and ban her.

 

LinD

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SkyMan

You're probably right though it seems like staying there on the B-2 is about indefinite. It's good for a 90 day stay and I'm told easy to extend another 90 days. Then a day trip to Canada or Mexico or a cruise would start the clock again same as an expat trip to HK or whatever.

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Headshot

You're probably right though it seems like staying there on the B-2 is about indefinite. It's good for a 90 day stay and I'm told easy to extend another 90 days. Then a day trip to Canada or Mexico or a cruise would start the clock again same as an expat trip to HK or whatever.

Well, the day-trip to Mexico or Canada would be the problem. Mexico and Canada don't have agreements with the Philippines the way they do for the US. She would have to get a visa from the Mexican or Canadian embassies to enter those countries on her Philippine passport. Sorry.

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shadow

You're probably right though it seems like staying there on the B-2 is about indefinite. It's good for a 90 day stay and I'm told easy to extend another 90 days. Then a day trip to Canada or Mexico or a cruise would start the clock again same as an expat trip to HK or whatever.

 

I suspect the "day trip" scheme would fail, although on a cursory search I found nothing to back up my suspicion. I suspect the b2 visa holder would be turned away at the POE. The I-94 card would probably show the maximum amount of time the b2 visa holder could stay in the US, and how many times he/she would be able to extend and/or the terms of re-entry (how long required out of country).

 

Larry in Dumaguete

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Richanne

i'm married with filipina just a month ago,had a hard time what to do on doing papers for her to get her to U.S,i have just been issued an ACR-I Card and advised to be renewed on Sep.25,2011..we stayed in apartment for about 3months already..i just am so curious if do i really need to have a 13a visa before i can file DCF??

anyone who can answer my querry?am so confused what are the things i needed to do...

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shadow

i'm married with filipina just a month ago,had a hard time what to do on doing papers for her to get her to U.S,i have just been issued an ACR-I Card and advised to be renewed on Sep.25,2011..we stayed in apartment for about 3months already..i just am so curious if do i really need to have a 13a visa before i can file DCF??

anyone who can answer my querry?am so confused what are the things i needed to do...

 

No, you do not need a 13A visa to file for DCF. 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.

 

Larry in Dumaguete

 

www.fil2usavisa.com.

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soinlove20

Hi everybody..! Last July 26,2011 mw and my wife go to Us Embassy Manila to file the I-130 for IR-1 visa via DCF. And we have everything they need.

 

1. I-130 application

 

2. G-325A application (myself) with 2 passport photos (2 ”x 2” glossy color with white background)

 

3. G-325A application (wife) with 2 passport photos (2” x 2” glossy color with white background)

 

4. Photocopy and original U.S. passport (Front page and page with 13a visa stamp)

 

5. Photocopy and original Philippines passport (Front page)

 

6. Photocopy and original NSO birth certificate

 

7. Photocopy and original U.S. birth certificate

 

8. Photocopy and original NSO marriage contract

 

9. Photocopy and original ACR-I card

 

11. Photocopy of all previous divorce papers

 

12. Documentation (such as a title) showing joint ownership or property (house, lot or vehicle), or a rental lease contract showing joint occupancy of an apartment or house in both husband’s and wife’s name.

 

13. Photos of our wedding( about 10 photos)

 

14. 18,000 pesos or 420$ in cash or credit card

 

But the problem is,,,, its been over a month now and we still didn't recieve any notice. I have read on this forum that "Once these documents are submitted to the Embassy, you will receive by mail a “Notice of Approval of Relative Immigrant Visa Petition” letter about 1-2 weeks later."

 

And we try to call the embassy but there is no luck. We emailed them a couple of times and it says the same thing "it takes 2-3 months to get our application approve"? hmmmmmm...

 

Any advice or help will be appreciate. Thank you.

 

Jerry

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shadow

Hi everybody..! Last July 26,2011 mw and my wife go to Us Embassy Manila to file the I-130 for IR-1 visa via DCF. And we have everything they need.

 

1. I-130 application

 

2. G-325A application (myself) with 2 passport photos (2 ”x 2” glossy color with white background)

 

3. G-325A application (wife) with 2 passport photos (2” x 2” glossy color with white background)

 

4. Photocopy and original U.S. passport (Front page and page with 13a visa stamp)

 

5. Photocopy and original Philippines passport (Front page)

 

6. Photocopy and original NSO birth certificate

 

7. Photocopy and original U.S. birth certificate

 

8. Photocopy and original NSO marriage contract

 

9. Photocopy and original ACR-I card

 

11. Photocopy of all previous divorce papers

 

12. Documentation (such as a title) showing joint ownership or property (house, lot or vehicle), or a rental lease contract showing joint occupancy of an apartment or house in both husband’s and wife’s name.

 

13. Photos of our wedding( about 10 photos)

 

14. 18,000 pesos or 420$ in cash or credit card

 

But the problem is,,,, its been over a month now and we still didn't recieve any notice. I have read on this forum that "Once these documents are submitted to the Embassy, you will receive by mail a “Notice of Approval of Relative Immigrant Visa Petition” letter about 1-2 weeks later."

 

And we try to call the embassy but there is no luck. We emailed them a couple of times and it says the same thing "it takes 2-3 months to get our application approve"? hmmmmmm...

 

Any advice or help will be appreciate. Thank you.

 

Jerry

 

 

 

 

Old information, things change rapidly. Be patient.

 

Larry in Dumaguete

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dirtsquirter

After reading about this DCF filing, I am glad I did mine through the states. I don't care how "efficient" Manila has become, I filed my I-130 and it was approved by USCIS in 30 days flat. I am only weeks away from an interview date in Manila, and so far the whole process has only been 63 days long! I hope to be celebrating Christmas in the states this year... :)

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afmayer

In keeping with the spirit of this (Turbota's) thread regarding DCF (Direct Consular Filing), I thought I would log my personal experiences in the hope that it will help someone else. This log is the first installment of the steps involved to complete the process. I will add to this thread for each successive step.

 

I arrived in Manila 11/22 at 0605AM. I arrived by taxi at the Embassy at 0645. I waited outside the embassy building in a waiting area (and had several Sabrett's hot dogs) until 0730 when they started letting people in. I was given a number (I was the first) and directed to go to window 25 on the second floor. My number was called at ~0800. The Filipina at the counter asked me my business and I told her I was here to file an I-130. She than started to ask me for all the necessary paperwork. The list furnished by Turbota (see below) is very close to my experience. Here are the differences;

 

1) They only asked me for 1 2x2 passport photo each for me and spouse (total of 2).

2) No original documents were needed. They only asked for copies and didn't even ask to see originals.

3) New cost is $420 USD ... not $355. This can be charged at the cashier window upon check-out.

4) I was asked to show evidence of residence in the Philippines. I showed 2 leases (one with spouses name on it), a title to motorcycle, and PLDT bills with spouses name on them. That seemed to be enough.

 

The Filipina at the counter (window 25) that was helping me, reviewed all the documents and took them to an American in an adjoining office to review. I waited about 15 minutes and then she came back with the approval and told me to pay the cashier.

 

The entire filing took me about 1 hour. In my opinion it was an easy process if all the accompanying documentation (as detailed by Turbota) is submitted when asked for. I would definitely recommend document overkill. Bring everything you have (originals and copies). Bring extra passport photos. I brought my laptop and USB external drive with all documents in case I needed to print something I forgot. There are local print/internet shops that you can run to if needed.

 

I also got to talk to several other Americans that were there with spouses for the interview step. None of them seemed to have had any problems in the filing process after they learned how to perform the steps properly. I was out of the embassy by 1100 (counting BS time with other American filers) and had to kill 7 hours before my flight back to Cebu.

 

If anyone needs help filling out any forms (I-130, G325A), PM me and I will be glad to help.

 

A. Initially Filing For This Visa:

 

To initially file for this visa, bring the below listed documents to the U.S. Embassy in Manila on Monday through Friday between 8:00am and 12:00pm to window 35. No appointment is necessary. Total time I spent at the Embassy was approx 1.5 hours.

 

If you have any questions, call the Dept. of Homeland Security at 02-301-2000 Ext: 2224 or 2379

 

 

Documents Required for Initial Filing:

 

1. I-130 application

 

2. G-325A application (myself) with 2 passport photos (2 ”x 2” glossy color with white background)

 

3. G-325A application (wife) with 2 passport photos (2” x 2” glossy color with white background)

 

4. Photocopy and original U.S. passport (Front page and page with 13a visa stamp)

 

5. Photocopy and original Philippines passport (Front page)

 

6. Photocopy and original NSO birth certificate

 

7. Photocopy and original U.S. birth certificate

 

8. Photocopy and original NSO marriage contract

 

9. Photocopy and original ACR-I card

 

10. Photocopy and original retired military ID cards (if applicable)

 

11. Photocopy of all previous divorce papers

 

12. Documentation (such as a title) showing joint ownership or property (house, lot or vehicle), or a rental lease contract showing joint occupancy of an apartment or house in both husband’s and wife’s name.

 

13. Photos of your wedding

 

14. $355 in cash or credit card

 

Once these documents are submitted to the Embassy, you will receive by mail a “Notice of Approval of Relative Immigrant Visa Petition” letter about 1-2 weeks later.

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smokey

what has happened to our VETT owner the op... hope all is well with his new wife and car... hope she lets him drive it sometimes..

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Jawny

Many thanks for such an informative post. Congrats on the success. It was also considerate of those with comments to follow up with explanations.

 

I recall getting a visa for my wife years ago while in Korea. Everything went well, got the visa, were just about to leave and made a quick look at the actual visa. Whoops. My wife was shown as "Nationality: Korean". Well, that's when one of the "extra" photos was used for a new visa, same day.

 

Obviously, no two experiences are going to be the same, but it does help to be given as many heads up warnings as possible.

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