Direct consular filing

Gator says on Apr 30, 2009, 19:15:

No but supposedly eaiser and faster-main requirement is you, the petitioner, have been a RESIDENT of Colombia you may eligible for DCF (Direct Consular Filing, through the Embassy in Bogota. DCF allows immediate filing and expedited processing of the I-130 Petition for Alien Relative which is an immigrant visa) DIRECTLY at the U.S. Consulate in Bogotá. Be prepared to PROVE you have been a resident of Colombia for a minimum of six months. Since she will be granted immigrant visa you will be able to immediately apply for an AS(adjustment of status and permanent resident status) after entering the US. After three years she can apply to change that status to naturalize US Citizen. CONTACT THE EMBASSY FIRST; Embassy px number 315-1566, e-mail IVBogota at state.gov (consular section - visas) they will answer.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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mranderson says on Apr 30, 2009, 19:28:

Thanks gator. I called the embassy after buying a pin and they told me that I just have to fill out form I-130 and DS-230. After I fill out the forms I then call them back using my pin number to schedule an appointment. Those are the only 2 forms I need plus proof of my residency. The $355 payment is due at the interview and can be paid right there at the embassy. And that´s it.

Honestly...is it really that easy?

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Gator says on Apr 30, 2009, 19:37:

Yep!

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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mranderson says on Apr 30, 2009, 19:42:

It sounded too easy to be true and I figured the embassy was giving me some kind of run around.

Does that mean that I´m not required to have the I-864 affadavit of support?

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guacharaca says on May 1, 2009, 05:05:

Please keep us posted.

Colombianos: Las armas os han dado independencia, las leyes os daran libertad. (Santander)

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Gator says on May 1, 2009, 08:15:

The filing of the I-864 with the !-130 is optional but you WILL need it along the line so I personally would go ahead and complete it and have it with me at the interview.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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mranderson says on May 1, 2009, 10:44:

Gator, the I-864 is optional but I´ll need it at some point? So, I´ll need it sometime after she gets her visa?

One problem is I´m not sure how to fill it out. Since I´m not living in the states nor working in the states at the moment. I´m obviously not making poverty level or anything as far as income from the states. My income will start as soon as I get back as my previous employeer has guarunteed me my old position back.

I´m going to gather letters from my employeer along with accepted applications and proof that my previous job was well above the poverty level. Of course the people at the embassy won´t tell me anything at all about this.

I´m not sure that I would be able to find someone else to sponser her on the I-864

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Mononoke28 says on May 1, 2009, 11:14:

I'm not sure how the I-864 is handled when it comes to DCF but it makes sense to me that you would need to provide it at some point because they need to know who will be taking care of your wife financially once she gets here. For that you would need copies of last year's tax returns and W2s or trancripts of it (3 years is best), but since you don't have that then you will definitely need a co-sponsor.

Call the embassy and find out what they say but I do know for sure that when a petitioner files for someone's immigrant visa be it a K1/K3 or CR1/IR1, AOS information is required. No ifs or buts about that.

Diana

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mranderson says on May 1, 2009, 11:26:

Mononoke...the people at the embassy don´t know. Last time I called using my pin which I bought for 48.000 pesos, I asked the guy what I thought was an easy question and he had to put me on hold to talk to his supervisor. Fucking rediculous if you ask me.

At the end of the phone call the guy said..."I think that´s it" He doesn´t even know and I´m paying for his time. I´m not going to argue with him or ask to talk to someone else while my minutes are ticking away.

I tried asking specifically about the affadavit because I don´t have a sponser for her and they won´t give me an answer.

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Mononoke28 says on May 1, 2009, 11:34:

Then try e-mailing them, they've been very good about replying to e-mails and that way you can have an answer in writing which is always good to have.

In all honesty I'm pretty sure you will need to get the I-864 ready because you will need it. I just can't see a CO approve an immigrant visa without going over an I-864 or I-134. The embassy needs to make sure that your wife won't become a public charge to the US government after she arrives.

Here is their contact information:

http://bogota.usembassy.gov/iv-contact.html

Diana

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Mononoke28 says on May 1, 2009, 11:37:

Here's a link with very useful information that you can start reading: http://familybasedimmigration.com/forum/showthread.php?t=824

Also, try going to www.visajourney.com and ask all your questions in the DCF forum. There's quite a lot of people who have filed overseas and may be able to guide you better.

Diana

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mranderson says on May 1, 2009, 12:00:

Thanks mononoke. I emailed them and they reply back that I have to call them. When I call them they can´t give me specific answers. So, the embassy is really no help at all. What I don´t understand is if I need the I-864 then why don´t they just tell me? I don´t understand what the big secret is.

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Mononoke28 says on May 1, 2009, 12:54:

I don't think it's a matter of keeping it a secret but more of a training issue. They need to train their staff on what each process is so they can give better customer service. That's when you need to start doing everything on your own because they're worthless.

Diana

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mranderson says on May 1, 2009, 13:32:

So are they constantly training or what? I had the same run around bullshit when my wife tried to get a tourist visa.

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Gator says on May 1, 2009, 18:52:

Problem: The I-864 does require the US citizen sponsor to be domiciled in the US and to have income or assets that show the immigrant will not become a public charge. Really work on your pending employment in the US which can be accepted. However, in cases where a sponsor may have abandoned residence in the United States to live in Colombia, you will not automatically be disqualified to act as a sponsor. The question at the embassy will be the INTENT to reestablish your residence in the United States. If you can substanciate this it may be possible for you to act as a sponsor.

You may meet this requirement by showing that you have taken or will take a credible combination of steps to make the U.S. your place of residence. Some steps may include finding employment, locating a place to live, registering a U.S. educational institution, a banking relationship etc., etc. You can make arrangements to abandon your residence in Colombia, for example by obtaining a valuation of your property from an estate agent with the intent to sell. You and also find a cosponsor that would be willing to assume the sponsor responsibility PROVIDED that person is a resident of the USA. You WILL need the I-864

If you have been filing federal income tax returns that will also be a big help.


Here is that part of TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) discussing domicile. Read a couple of times.

ii) Determination of domicile . (A) If the sponsor is residing abroad, but only temporarily, the sponsor bears the burden of proving, by a preponderance of the evidence, that the sponsor's domicile (as that term is defined in 8 CFR 213a.1 ) remains in the United States,

(B) If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer (He will conduct the interview at the Embassy), immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant's admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the immigration officer or immigration judge must deny the intending immigrant's application for admission or adjustment of status, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal intending immigrant's application for admission or adjustment of status. In the case of a sponsor who comes to the United States intending to establish his or her principal residence in the United States at the same time as the principal intending immigrant's arrival and application for admission at a port-of-entry, the sponsor shall be deemed to have established a domicile in the United States for purposes of this paragraph, unless the sponsor is also a permanent resident alien and the sponsor's own application for admission is denied and the sponsor leaves the United States under a removal order or as a result of the sponsor's withdrawal of the application for admission

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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mranderson says on May 4, 2009, 10:49:

Well, I called them and made an appointment at the embassy but the appointment is for me, not my wife. I have to bring all the documents and the consular will schedule an interview for my wife.

The appointment scheduling is pretty fast. I could have scheduled it for next week but decided to give myself a couple weeks to get all the paperwork ready and get down to bogota. The guy on the phone told me it usually takes 2-3 months after the appointment for the interview. So....2 trips to bogota.

Hopefully I won´t have to go to the 2nd interview becuase I might go back to the states ahead of my wife to find an apartment and all that crap....

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lpdiver says on May 4, 2009, 11:07:

WOW DCF has sloooowwwweeed down. In 2002 it was a three week turnaround.

ts

Remember what the monkey says, "Fuck money it's free"

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mranderson says on May 4, 2009, 11:26:

Really? 3 weeks after the first appointment?

Have you gone through the process?? Any tips?

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lpdiver says on May 4, 2009, 11:31:

Like I said it has changed and I am no longer familar with the process.

At the time to qualify for DCF all that was necessary was that the AmCit present theirselves at the Consulate in Bogota. Three weeks later you were done. That window closed on July 1, 2003 ten days prior to my wedding. I have finally stopped teasing my wife about the ADDITIONAL seven months waiting time she imposed on us by dragging her feet.

BTW...it WAS worth the 27 month wait.

ts

Remember what the monkey says, "Fuck money it's free"

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mranderson says on Jun 9, 2009, 15:12:

Quick update....

Called the embassy with the pin number and was able to schedule an appointment pretty fast. I scheduled a couple weeks after the phone call to give me time for the trip. My appointment was on May 25th and basically it was just submitting a couple forms along with the payment. Forms I 130 and GS 325. I also had to give them proof of my residency (colombian visa, apartment contract) and of course marriage certificate. That´s it. I talked to a consular (american woman) and she was very nice. Basically just gave me another instruction packet with another form that I had to send in. The conversation was just a couple minutes. Very easy so far.

I just recieved in the mail the final instruction packet with the interview date for my wife which is on July 7th. Pretty fast....

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utopiacowboy says on Jun 9, 2009, 16:26:

It doesn't get any better than DCF.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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La_Huella says on Jun 9, 2009, 20:14:

FUCK that sucks. What about if you have no intention of living in the US and want to get a visa for your wife so she can VISIT and SHOP THERE???

How am I supposed to prove that I want to come back here and work when the reality is I'd rather contract HIV?

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mranderson says on Jun 9, 2009, 20:16:

La huella I know what you mean. So far it seems very easy to get an immigration visa but almost impossible to get a tourist visa for her.

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La_Huella says on Jun 9, 2009, 20:35:

I have a friend filing it from Colombia. I have to ask him if he was successful and how he got away with it.

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