Grabii Posted June 2, 2004 Report Share Posted June 2, 2004 Bologna, The form will be good until it is updated, whenever that might be. Clearly the original target date has not been met. Grabii bologna said:... Funny thing is that the [DS-230] form has an expiration date of 5/31(holiday) and my girlfriend thinks they will not accept the form on Monday or Tuesday. ... Bologna Link to comment Share on other sites More sharing options...
Grabii Posted June 2, 2004 Report Share Posted June 2, 2004 lopburi, DCF is an unofficial acronym commonly used by lay people to mean a petition filed overseas rather than with a USCIS Service Center state-side. To the extent that it is appropriate to use term at all, it is appropriate to use it to cover the situation in Bangkok where, because there is a USCIS presence, the petitition is filed with the CIS rather than the consulate. In most countries, where there is no CIS office, the petition would go to a consulate. Your point is correct, but the distinction is of no practical significance to either the petitioner or the beneficiary. Grabii lopburi3 said: If you are petitioning to bring a legal Thai wife to the US and you are a resident of Thailand, you do a direct consular filing. That means you file the I-130 with the USCIS/INS office in Bangkok. Yes and no. DCF is not allowed in Thailand for anyone. DCF is filing direct with the Consulate Officer. On the other hand Bangkok has a BCIS office and residents of Thailand can file there, as you say; but that is not the same thing as DCF. Link to comment Share on other sites More sharing options...
lopburi3 Posted June 2, 2004 Report Share Posted June 2, 2004 DCF / Direct Consular Filing is not what you do when you file with BCIS so I have a problem calling it DCF. I stand by my post but agree it is a fine point. Below is FAM used by the Department of State quote: 9 FAM Appendix N, 200 VISA PETITIONS (TL:VISA-433; 07-02-2002) 9 FAM 201 AUTHORIZATION TO APPROVE PETITIONS AT CERTAIN POSTS (TL:VISA-433; 07-02-2002) a. INS has authorized consular officers assigned to visa-issuing posts abroad (other than those in Austria, Germany, Greece, Hong Kong, India, Italy, Kenya, Korea, Mexico, The Philippines, Singapore, Thailand and the United Kingdom of Great Britain and Northern Ireland) to approve petitions for any of the statuses accorded to relatives, under certain circumstances. Form I-130, Application for Immigrant Visa and Alien Registration, is used to accord immediate relative status under INA 201 (, first, second, third, or fourth preference status under INA 203(a). Form I-600 is the petition for status for an orphan as an immediate relative under INA 101((1)(F). Form I-360 is used by widows and widowers to petition for immediate relative status. b. Consular officers may exercise such authority with regard only to the approval of visa petitions, not to the denial thereof. The consular officer must ensure that the petition meets the appropriate requirements listed below before approving the petition. [see also 9 FAM 42.41 N4.] c. Consular officers must forward petitions which are not clearly approvable to the INS Officer-in-Charge at the INS office with jurisdiction over the post [see 9 FAM Appendix N, Exhibit I], together with all supporting documents, for adjudication. Link to comment Share on other sites More sharing options...
New Petchburi Pete Posted June 3, 2004 Report Share Posted June 3, 2004 Thanks for the clarification & good luck! Link to comment Share on other sites More sharing options...
Grabii Posted June 4, 2004 Report Share Posted June 4, 2004 SD, I'm weak on immigrant visas, but here's what I do know: IR-2 is the immigration classification. I don't know exactly what it stands for. I do know that the 'I' part of IR indicates that you've been married for more than 2 years. If the marriage was less than 2 years old it would be CR, the 'C' indicating that the status is conditional. (Won't go into what that means here, maybe you know already.) I'm confused about the '2' part of the designation, or I'm mistake about who is getting the visa. My understanding is that IR-1/CR-1 is the designation for a spouse, IR-2/CR-2 is the designation for an un-married minor child. This visa is for your wife or your child? Status will be granted on entry at the POE. An I-551 stamp will be placed in your wife's passport, the I-551 card ('Green Card') will be mailed to her some weeks or months later. In your situation, filing your I-130 petition with the USCIS in Bangkok rather than at a service center in the US, you are correct that a K3 visa for your wife does not make sense. The K3 visa is to allow an alien spouse to enter and reside in the US with their US spouse while the I-130 petition is being processed. This can take 1-2 years at a service center, but will take you only days or weeks in Bangkok. (Also, once an I-130 has been approved, the beneficiary is no longer eligible for a K3 visa.) NPP - A K3 visa can only be applied for in the country where the marriage took place, unless the marriage took place in the USA. Grabii suadum said: New Petchburi Pete said:O.K. ... and suadum hasn't answered the question ... it was my understanding that the K-3 could only be filed in one's home country ... I can always call the Embassy & ask ... when they're open of course. Hi Pete, Since I live here, and have for years, I can file here. Requirement is minimum one-year residence abroad. I have no address in the States. They verified this through my passport and tax records. I believe that the class we are going for is IR-2 (at least that is what is marked on the appointment paper) but I cannot find that on the visa-types list. I think that the PR status will be immediately granted (they required greed card pix to be submitted as well), so the K-3 does not make sense? Heck, I do not know... Cheers, SD Link to comment Share on other sites More sharing options...
Grabii Posted June 4, 2004 Report Share Posted June 4, 2004 lopburi, I understand your problem, and 99% of the time I have the same problem with the incorrect use of terminology. This is one of those rare cases where I go along with the crowd and accept the use of the term DCF in any case where the I-130 is filed overseas. It's hard enough to get to that level of understanding of the term with most people. Grabii lopburi3 said:DCF / Direct Consular Filing is not what you do when you file with BCIS so I have a problem calling it DCF. I stand by my post but agree it is a fine point. Link to comment Share on other sites More sharing options...
ThaiHome Posted June 4, 2004 Report Share Posted June 4, 2004 Grabii said:I'm confused about the '2' part of the designation, or I'm mistake about who is getting the visa. My understanding is that IR-1/CR-1 is the designation for a spouse, IR-2/CR-2 is the designation for an un-married minor child. This visa is for your wife or your child? You have to back to the very first post that SD made: "I needed to go submit immigrant visa applications for my two step-daughters. " I assume that SD's wife already has a green card (or maybe even a US passport). TH Link to comment Share on other sites More sharing options...
Grabii Posted June 5, 2004 Report Share Posted June 5, 2004 TH, Thanks for straightening me out. By the way, I've come up with this list of US immigrant classifications: IR1 Spouse of U.S. citizen IR2 Child under the age of 21 of U.S. citizen IR3 Orphan adopted abroad by U.S. citizen IR4 Orphan to be adopted in the U.S. by U.S. citizen IR5 Parent of U.S. citizen 21 years and over CR1 Spouse of U.S. citizen (conditional status) CR2 Child of U.S. citizen (conditional status) IW1 Certain spouses of deceased U.S. citizens IW2 Child of an IW1 ThaiHome said: Grabii said:I'm confused about the '2' part of the designation, or I'm mistake about who is getting the visa. My understanding is that IR-1/CR-1 is the designation for a spouse, IR-2/CR-2 is the designation for an un-married minor child. This visa is for your wife or your child? You have to back to the very first post that SD made: "I needed to go submit immigrant visa applications for my two step-daughters. " I assume that SD's wife already has a green card (or maybe even a US passport). TH Link to comment Share on other sites More sharing options...
Guest Posted June 5, 2004 Report Share Posted June 5, 2004 My wife's passport was stamped IR6, which I believe to be permanent residency after filing I-751. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.