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.
6 comments:
So glad you got V. approved.
What is the condition that gets removed after two years? Is that the one where they HAVE to stay in the U.S. during that time?
We're stoked about it ;)
I'm not sure about the condition. I just know it has to be removed after two years. I've read it's best to be in the U.S. the 90 days before the 2 year anniversary of the immigrant getting permanent residence. I believe V gets permanent residence when we enter the States. My understanding is that he becomes a permanent residence at the port of entry (the first airport we get to in the States.)
This link talks about taking off the condition:
http://www.visajourney.com/forums/index.php?autocom=custom&page=751guide
But if the immigrant plans on being naturalized eventually, it's in his/her best interest to spend as many years in the States as possible until this happens. I think I've read it takes 5-6 years to be naturalized as a U.S. Citizen.
I'm sure they could answer your question on visa journey or British expats. I'll let you know if I stumble upon an answer.
Another link about taking off the condition. It doesn't address your question though.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD
However, I have read that if the immigrant will be leaving the States for more than one year, then they have to get a re-entry permit.
great post...glad to hear things are still going quickly for residents...i am so glad you clarify that the residency requirment of 6 months is a US standard not a Chilean standard (i.e. you don't have to be a CHILEAN permenant resident. makes sense anyways since immigration is US law after all...people always get trippedu p on that one...good Q about the student visa though, who knows.) the 2 years is this stupid thing that US immigration law requires where though V will be an LPR (legal permanent resident) there will be a "condition" on his residency...i.e. the idea is that the US wants to ensure that your marriage is legit and so they've put the totally arbitrary 2 year rule...i.e. if you guys split in less than 2 years V will have to explain himself if he wants to stay in the US (i.e. show a ton of proof that your marriage was legit but it just didn't work out..and if he can't show it, he can be asked to leave the country...this is an issue w/women who immigrate to the US and their US hubbies abuse them and use their immigration status to scare them into staying in an asbusive relationship...but it's a lie that you acually have to be married for those 2 years for the immigration/LPR to be able to stay...but yes, they will have to show proof...so like if you're a victim of abuse show police reports, photos of bruises, cuts, etc...but hopefulloy you won't be abusing V and your marriage won't be ending in 2 years so all of this hopefully won't matter for you : )...) ...anyways after the 2 years you'll have to go through an interview...i believe it's called a stokes interview where the immigration peeps usually separate the couple and ask them stupid ass Qs to see if they can answer them....it's a whole process to prove that the marriage is legit...and not just to get a green card...once that process is over the condition is taken off of his residency...and then i think it's like 5 years later he can apply for citizenship ...but i can't really remember...it's been nearly 4 years since i took immigration law...Thanks for the post!!!
KeM, thanks for the comments. Yeah, I imagine the post will be useful for future Chilean immigrants and their spouses. I would've loved to have had this information when I went through the process.
The residency requirement has been confusing. I think the law has changed though. I know when a friend petitioned her spouse's visa like two years ago, she just needed a temporary visa. If I remember correctly, she didn't even need to have been in Chile on THAT visa for 6 months. She just had to have been in Chile with whatever visa for 6 months, and she needed to have had a temporary visa for like 1 day.
I think with the economic crisis that rule changed to that the petitioning American citizen DID need Chilean definitive residence. That was the condition that the U.S. embassy put on filing the petition to slow down immigration. In January 2009, I went to the embassy twice trying to file the petition. And twice I was rejected for not having "residencia definitiva". They told me very clearly twice that I needed "residencia definitiva". Annoying. And than I emailed them 2-3 more times and they told me the same thing. Although, I think the immigration people were new, because I asked them when the rule changed, and they didn't have an answer.
Then my husband went to get a tourist visa in August 2009 (for a family vacation in the States in March 2010). At the interview they asked him if he was planning on immigrating to the States. (a standard question for tourist visas). He said yes, as soon as my wife qualifies to petition my visa. So they let him talk to someone from immigration. The lady from immigration told him that I needed any visa that wasn't a tourist visa and I needed to have had that visa for 6 months.
So, assuming the Embassy officials were always giving us accurate information, this means that the rule has changed 3 times in like 2 years.
Also, I wonder if the 2 year condition is to protect the American spouse too? I'm not sure. Because the American spouse needs to sign an affadavit of support, saying that (s)he is financially responsible for his/her spouse for at least 10 years, unless either spouse dies, the immigrant becomes a U.S. citizen, or leaves the USA and doesn't come back. Even if the couple gets a divorce and the immigrant spouse dates someone else, the U.S. citizen is still financially responsible for the immigrant (ex)spouse.
Yeah, and there's a special form to fill out if the immigrant is abused by the spouse, and can show proof of this. Immigration lets those immigrants get around the 2 year condition, so as not to make them suffer even more.
I just read somewhere that after 3 years of marriage and 3 years of permanent residence, the immigrant who is married to an American Citizen is qualified to apply for citizenship.
There is soo much immigration information!!
Hi, thanks a lot for the info! I'm looking to start a CR-1 app for my fiancee (we're going to have to get legally married...this weekend...) and am wondering 2 things. 1) I can start this process having been in Chile for over a year on a temporary visa (vinculo con chileno - our daughter)? 2) how much time did it take from start to finish to get approved? and by start i mean the start when they accepted your petition...thanks again!
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