Marcin

Based on the email response (below) I understand that the Embassy in
Poland does the DCF, which is recognized by many people as "the
quickest route to admission to the US and to a resident status in the
US". A couple gets married either in states or abroad then comes to
the country of spouse and files :

1.Form I-130
2.Two Forms G-325A
3.Evidence of the petitioner's U.S. citizenship
4.Beneficiary's complete birth certificate
5.Current complete marriage certificate
6.Divorce decrees or death certificates showing termination of all
prior marriages of petitioner, beneficiary, and any derivative
relatives, if marriage is the basis of the qualifying relationship,
i.e. spouse or stepchild relationship.
7.If applicant's name is different from that on his/her birth
certificate, all past marriage certificates or other name change court
decrees

Questions :
1. it is s mentioned a few times that the process can take up to three
months ...well I assume that we are talking about waiting to the date
of the interview ..or maybe it is something else?

2. I heard that the foreign spouse is authorized to work as soon as
she gets the SS card. What if somebody kept his old SS card used while
working in the past in states on a J-1 visa ? Does it mean that after
arrival to USA the "somebody" could work the next day ?

3. Even though many ppl say about "marriage requirements" I understand
that the marriage can occur either in USA or abroad as long as it
complies with the marriage requirements – i.e. dance around the fire -
Indian wedding.


Thanx
Marcin

Meauxna

Originally posted by Marcin Questions :

    > 1. it is s mentioned a few times that the process can take up to three

    > months ...well I assume that we are talking about waiting to the date

    > of the interview ..or maybe it is something else?


    > 2. I heard that the foreign spouse is authorized to work as soon as

    > she gets the SS card. What if somebody kept his old SS card used while

    > working in the past in states on a J-1 visa ? Does it mean that after

    > arrival to USA the "somebody" could work the next day ?


    > 3. Even though many ppl say about "marriage requirements" I understand

    > that the marriage can occur either in USA or abroad as long as it

    > complies with the marriage requirements – i.e. dance around the fire -

    > Indian wedding.



    > Thanx

    > Marcin



Marcin, I don't have the list of required docs in front of me, so I
won't comment on that.

1) There are 2 parts to a DCF. Petition and visa application. The USC
must be present to file the petition I-130 and once approved, the
alien has permission to apply for an immigrant Visa. Processing times
for those 2 steps vary. *Regardless* of what you read on a
Consulate's web page or user experiences, the only people who can
tell you what the truth is *today* is the Immigrant Visa Unit of the
consulate. Anyone else is guessing. I recommend you contact them
directly in their preferred method (phone,email, visit).



2) One's SS number belongs to them for life. If someone has a card,
enters with an IV, they should be able to use that for work. If it
has limits noted on the front, an IV entrant can apply for a new
card, free of the message.



3)correct.

Jeffreyhy

meauxna,



I believe that direct consular filing refers, or should properly refer,
only to the submission of the I-130. That is what is being filed
directly with the consulate, as opposed to being filed with a CIS
service center and then forwarded to the consulate. I think Matt Udall
posted the correct name for the procedure in another thread earlier
today, but I don't recall the term he used.



The visa application will always be filed with a consulate after the I-
130 has been approved, whether the I-130 was filed with a service center
or directly with the consulate.



Again, I believe that people create confusion when they combine the
petition with the visa application....



Regards, JEff



Originally posted by meauxna

    > ... There are 2 parts to a DCF. Petition and visa application. The
    > USC must be present to file the petition I-130 and once approved, the
    > alien has permission to apply for an immigrant Visa. Processing times
    > for those 2 steps vary. *Regardless* of what you read on a Consulate's
    > web page or user experiences, the only people who can tell you what
    > the truth is *today* is the Immigrant Visa Unit of the consulate.
    > Anyone else is guessing. I recommend you contact them directly in
    > their preferred method (phone,email, visit).


    > ....

Meauxna

JEff,



Since DCF is not an official term, there is no official definition. I
use it most often to refer to the 2 activities being joined as one, but
in 2 parts, as many Consulates adjucate the I-130 on-the-spot and very
often as part of a total submission (I-130 + IV app). Additionally,
since the process of filing "DCF" requires the appearance of the USC and
the alien together (for the initial filing) the events get more muddled.



And, actaully, I agree with you as to what's "correct". I also believe
(based on what I read here) that people get confused, and my explanation
of "2 parts" makes it clear what's involved for what the questioners
care about: the result.



I can't help but notice that I don't think either of us have really
answered the OP's questions!

Ironporer

Originally posted by Marcin

    > Based on the email response (below) I understand that the Embassy in

    > Poland does the DCF, which is recognized by many people as "the

    > quickest route to admission to the US and to a resident status in the

    > US". A couple gets married either in states or abroad then comes to

    > the country of spouse and files :


    > 1.Form I-130

    > 2.Two Forms G-325A

    > 3.Evidence of the petitioner's U.S. citizenship

    > 4.Beneficiary's complete birth certificate

    > 5.Current complete marriage certificate

    > 6.Divorce decrees or death certificates showing termination of all

    > prior marriages of petitioner, beneficiary, and any derivative

    > relatives, if marriage is the basis of the qualifying relationship,

    > i.e. spouse or stepchild relationship.

    > 7.If applicant's name is different from that on his/her birth

    > certificate, all past marriage certificates or other name change court

    > decrees



I believe we had to also file a DS (or was it DF?) 230... almost
identical to a G325 as I recall.

Also a Police Certificate, translated and medical exam for the
interview.



    >

Questions :

1. it is s mentioned a few times that the process can take up to three

months ...well I assume that we are talking about waiting to the date

    > of the interview ..or maybe it is something else?



In Spain it took 6 weeks from start to finish



    >

2. I heard that the foreign spouse is authorized to work as soon as

she gets the SS card. What if somebody kept his old SS card used while

working in the past in states on a J-1 visa ? Does it mean that after

    > arrival to USA the "somebody" could work the next day ?



I believe you legally can work upon arrival with the I751 stamp on the
passport. SS took us 2 weeks to get in mail after filing



    >

3. Even though many ppl say about "marriage requirements" I understand

that the marriage can occur either in USA or abroad as long as it

complies with the marriage requirements – i.e. dance around the fire -

    > Indian wedding.

As long as it is a legal wedding in a country recognized under the
treaty of The Hague, it is valid- no matter where (we married in
Gibraltar[A Brittish dependancy] and filed in Spain...almost like enemy
territory lol) with no problem.

Jeffreyhy

Meauxna,



Originally posted by meauxna

    > JEff,


    > Since DCF is not an official term, there is no official definition. I
    > use it most often to refer to the 2 activities being joined as one,
    > but in 2 parts, as many Consulates adjucate the I-130 on-the-spot and
    > very often as part of a total submission (I-130 + IV app).
    > Additionally, since the process of filing "DCF" requires the
    > appearance of the USC and the alien together (for the initial filing)
    > the events get more muddled.



I was going to comment on how you do distinguish between the 2
activities, but then leave them together under the single term, but
enough's enough... And like many acronyms, the meaning would be clearer
if the words were spelled out, but convenience will usually win out over
clarity I suppose.



Originally posted by meauxna

    > I can't help but notice that I don't think either of us have really
    > answered the OP's questions!



I think you did answer them. I can't add anything to what you said -
except that I wonder if the US government considers dancing around the
fire as a legitimate marriage regardless of what the (American) indians
might consider it.



Best regards, JEff

Meauxna

Originally posted by jeffreyhy

    > - except that I wonder if the US government considers dancing around
    > the fire as a legitimate marriage regardless of what the (American)
    > indians might consider it.


    > Best regards, JEff



I think the OP refers to an India Indian ceremony. There was a
challenge to a marriage-based application recently at the Consulate
(Mumbai?) because the couple had not done the ring o' fire portion of
the ceremony.



For further clarity on our original topic:

The OP's list suggests the I-130 portion of the filing only. As
ironporer sees, there are several 'missing' docs, namely the ones that
go along with the IV application.

The OP has gotten this info from his Consulate. In answer to his/her
question about 3 months: if that's what they tell you, it's typical that
that timeline would be for everything up to visa interview (issuance) as
petition adjucation is immediate.



re: enough/enough

I guess I could argue that the petition/visa app are linked when one
files via the Consulate because it is a unique kind of petition
approval. Reading the 9FAM, I see that INS (I have an older copy)
'authorizes consular officers' to approve (not deny) 3 types of family
petitions. Since both approvals (petition and visa app) are done by the
ConOff rather than 2 different agencies, it's my opinion that they go
together like...what did Forrest Gump say? Peas 'n carrots, that's it.
When it comes to what I call DCF, the 2 have to go together/can't have
one without the other.

Am I explaining it yet? I don't need you to agree, just to understand
what I'm writing.

pax,

mo

Jeffreyhy

Originally posted by meauxna

    > I think the OP refers to an India Indian ceremony. There was a
    > challenge to a marriage-based application recently at the Consulate
    > (Mumbai?) because the couple had not done the ring o' fire portion of
    > the ceremony.



I missed that entirely, and no nothing about what makes for a recognized
Indian wedding. [bowing out of that one...]



Originally posted by meauxna

    > For further clarity on our original topic:

    > The OP's list suggests the I-130 portion of the filing only. As
    > ironporer sees, there are several 'missing' docs, namely the ones that
    > go along with the IV application.

    > The OP has gotten this info from his Consulate. In answer to his/her
    > question about 3 months: if that's what they tell you, it's typical
    > that that timeline would be for everything up to visa interview
    > (issuance) as petition adjucation is immediate.



I agree, what the OP listed sounds like a complete I-130 package, no
more no less, and he called it DCF. So to the best of my knowledge he
knows what to do to get his I-130 submitted to the consulate.



But I have no knowledge of the consulate in Poland or any experiences
there, so I cannot comment on his estimate of 3 months.



Originally posted by meauxna

    > re: enough/enough

    > I guess I could argue that the petition/visa app are linked when one
    > files via the Consulate because it is a unique kind of petition
    > approval. Reading the 9FAM, I see that INS (I have an older copy)
    > 'authorizes consular officers' to approve (not deny) 3 types of family
    > petitions. Since both approvals (petition and visa app) are done by
    > the ConOff rather than 2 different agencies, it's my opinion that they
    > go together like...what did Forrest Gump say? Peas 'n carrots, that's
    > it. When it comes to what I call DCF, the 2 have to go together/can't
    > have one without the other.

    > Am I explaining it yet? I don't need you to agree, just to understand
    > what I'm writing.

    > pax,

    > mo



Nothing further to discuss here. We understand each other, any
differences are purely semantic, and hopefully the discussion has helped
others to understand better.



I enjoy your posts. You are among the posters who I actively look for
to see what I can learn each day.



Regards, JEff

Huntergreen

Originally posted by Marcin

    > ....I understand that the marriage can occur either in USA or abroad
    > as long as it complies with the marriage requirements....



I would like to point out that not every consulate that allows DCF for
non-resident USC's, also allows it when the wedding takes place
somewhere else than the benificiary's country.

For instance, the website for the US consulate in Amsterdam states (in
my own words here) that they do not allow direct filing, unless it is
for a USC who comes to The Netherlands to marry their fiancé(e). (I seem
to remember a couple who DCF'd there and married in the US, though).

My point is, ALWAYS verify with the specific consulate you will be
dealing with if they allow DCF for non-resident USC's, and if they do,
if any conditions apply.



I believe the correct name for this visa is the IR-1/CR-1 (CR in case of
conditonal residency). IR-2/CR-2 for kids.



Elaine

Meauxna

JEff,

Mutual admiration acknowleged & reciprocated : )



damn semantics.



HunterGreen,

Thank you for emphasizing *my* bugaboo: no matter what one reads on a
website, including the Consulate's own, contact the IV Unit of the
consulate directly for the real deal.