Caveat Lector: these are some pointers on how to go about the visa process. What worked for me or someone else may or may not work for you. The information I provide can change and its best to be in contact with the embassy if you are thinking of doing DCF to make sure the rules haven't changed. Getting my spouse's visa was a little like playing "Calvinball", from Calvin & Hobbes. Or like being the protagonist of Dr. Seuss's "Oh! The Places You'll Go!", complete with a total downer. But as Dr. Seuss says, success is 98 and 3/4 percent guaranteed.
First off, "DCF" or "Direct Consular Filing" is slang, and not used by the embassy or immigration. It means to file your petition directly to the U.S. embassy in the country you are living rather than going through USCIS. I believe they call it an "immigrant visa petition". DCF is used on the visa forums however, so its a good term to know.
The visa I petitioned for for my husband was CR1, which is a 10 year residency visa with a condition that must be taken off two years after entering the States. The condition is for people who get permanent residency before they've been married for 2 years. (in the case of DCF, they'll be entering the country on a CR1 visa). Read more here.
That said. First you must qualify to apply. At the embassy, V was told that to qualify for direct consular filing in Chile, I (the U.S. Citizen) had to have any (chilean) visa that's not a tourist visa and have lived in Chile for six months with said visa. I wonder if you can have a student visa, though?)
If you are doing DCF from Chile, for a spouse start here.
You go to the embassy with the listed documents filled out and you turn in the petition for your foreign spouse.
If they accept your petition, they'll give you some forms, like for example:
- forms for your spouse's medical examination
- the DS-230 (more biographical information, the applicant (the foreign spouse) must fill this out)
- I-864
- perhaps something else that I've since forgotten?
His visa was approved.
I turned in the I-130 on September 9th, and soon after (2-4 weeks?) I received a letter in the mail with the date for the final interview, which was November 4th. I accompanied V to the interview, but that wasn't necessary. At the interview, we were told the visa was approved, and V's passport arrived the following week. So, once my petition was accepted, it was a fast process.
Also, V has six months to enter the U.S. on his CR1 visa from the date of approval, which means, you should bear in mind when you want to arrive in the States before petitioning the visa.
Helpful resources:
U.S. Embassy Chile: Immigration Visas
British Expats: USA: Marriage-Based Visas
Visa Journey : wikis are good, term definitions as well, there's tons of information on visa journey. I registered and tried to post a couple times and it never worked. So I posted on britishexpats and got answers to my questions there. They answered quickly and were super helpful.
A couple useful glossaries:
Here's a glossary of Immigration Terms and Abbreviations.
Here's a second Immigration Glossary.
Forms you may need:
Check USCIS website for most updated version.
Forms for the petition:
I-130
G-325A
For the final interview
I-864
I-864A (for household members of your "domicile")
DS-230
Medical forms filled out by doctor
FAQs - I'll do a future post that will answer the following questions:
What is domicile and how do I show that the USA is my country of domicile?
How do I sponsor my spouse? (using the I-864)
On the British Expat forums one man compares going through the visa process to planning a wedding, because your whole future depends on the outcome of ONE event. He calls these people working on immigrant visa paperwork "immigrant zombies" and compares them to bridezillas. hahhahaha. Touché. I definitely had my "immigrant zombie" moments!
Hope this is useful for some of you out there. I'm not an expert. If you want expert advice hire an immigration lawyer. They run $3000-$5000 per case, at least that is what I was quoted. I didn't end up hiring one; our case was too simple to pay $3000.
You can check out visa journey and britexpats for free. That's what I did.