I130 - DCF in DR or AOS from b1-b2 in USA

[mercylo]

My wife is an USC who came to Dominican Republic w/ her parents 20 year ago.
We met at the university and after 15 years + 3 girls (USC) married we want to move to USA next year.
She is legally resident in DR and I have B1-B2 (10 year) visa since 1977.
We've been visiting as a family and by myself USA for all those year w/ no problems.
Now the question is what is your recomendation to apply: AOS after entering as a tourist in USA or file I130 at DR consulate. . Pros and cons. Thanks

[zak023]

Here is the new USCIS web address and phone #..Go to the source with this question..Things are changing every 6 months..Believe me I know..

www.uscis.gov 1-800375-5283 Good Luck....

[windeguy]

If your wife has residency in the DR, she can apply for the I-130 from and it can also be done through her local office in the US given that she has a residence there. It will probably take less time to get the green card residency for you if she applies in the US. It takes more than a year if you do it in the DR due to the high casload (of people to whom they need to deny visitors visas) and US offices are probably half of that time for processing for a spouse.

Good luck.

[twincactus]

Originally Posted by windeguy

If your wife has residency in the DR, she can apply for the I-130 from and it can also be done through her local office in the US given that she has a residence there. It will probably take less time to get the green card residency for you if she applies in the US. It takes more than a year if you do it in the DR due to the high casload (of people to whom they need to deny visitors visas) and US offices are probably half of that time for processing for a spouse.

Good luck.

Sorry but this is wrong. You MUST apply in the US since there is no more direct Consular Filing in the DR right now. Even if you could file DCF, you still have to wait for an interview at the US Consulate in Santo Domingo. The current wait for an interview date is 20-24 months.

Every case, whether filed in the US or at the Consulate gets adjudicated in Santo Domingo. You file the I-130 at the USCIS service center that services your area. The case is then sent to the National Visa Center where an additional 3 months or so of processing is done, then it is sent to Santo Domingo to wait for an interview date (approx 2 years). There is NO way around it. I would file the I-130 and wait it out in the DR until the interview comes up. Be aware she will have to prove she is making enough to meet the poverty line guidelines for 2006.

-Tim

[mercylo]

Thanks Tim.

The second part of my question :
what about your recomendation about applying: AOS after entering as a tourist in USA ? . Pros and cons. Thanks

[twincactus]

Originally Posted by mercylo

Thanks Tim.

The second part of my question :
what about your recomendation about applying: AOS after entering as a tourist in USA ? . Pros and cons. Thanks

Well it has certainly been done many times. You will have to prove that when she entered the US her intentions were not to get married. If you would have problems doing that I would not try it. Also, this is the one instance where you will need a GOOD immigration lawyer. Ask if they have done this before and what their success rate is. If you sense they haven't done this kind of case at all, go on to the next one on the list. If they don't rule in your favor, she will have to return to the DR and wait for the process there.

If you need any help just holler or visit our forum.

-Tim
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[mercylo]

I am a litle confused with regards to our status (married) and with childrens
(USC). If we decide to do AOS will we have to married again in US or is
valid our certificate from Republica Dominicana. Does it has any consideration due it means what they call " bona fide " relation.