family reunification dilemmas and questions

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54belgo

Registered Users (C)
Dilemma 1:I am now US citizen. Will marry man from Africa naturalized in a european country in august. Will go to US embassy in that euro country to do paperwork right after wedding.
Question: do I do direct consular filing or do I ask for K3? The embassy says I should just do the DCF, my attorney "slipped" this piece of info to me ("for free" while she was doing my naturalization)that I should apply for K3. What should I do? I want him here fast!!!
Dilemma 2: he has a daughter still in Africa and not naturalized (of course) that I want to include on the paperwork. She is 12. SHE WILL NOT BE PRESENT WHEN WE FILE IN AUGUST AT THE EMBASSY. Her mother has signed papers that she allows her to leave Africa to live with dad, in Europe or in the States.Questions: Will the embassy allow me to file for her (although not present)? Should we wait till my future husband is in the States to petition for her and how long would it take? What is the best appproach to get the process started so she joins us soon? Her dad has started a procedure to get her to Europe too. Not sure how long this will take.Thanks for the answers.
 
Question: do I do direct consular filing?

If the country allows it.

or do I ask for K3?

If it takes too long...

Will the embassy allow me to file for her (although not present)?
Yes, depending on the age of the child. She can be included in her father's application or a separate application can be filed.
 
Thanks for the response but to me (sorry), they are still a little too vague. You say DCF (yes, the country allows it) is OK but K3 if it takes too long...what does it mean? Can I change if I get impatient or should I file K3 right away?what is the difference in the procedure?
And about the daughter: you say that she can be included depending on age. She is 14 actually. But it is me who has to petition for her, not her father. If her father waits till he gets here, isn't this going to take much longer?Please give me more detailed answers if poss. Thanks. Frederique
 
1.Direct Consular Filing is the quickest, most efficient way to bring relatives to the US. However DCF is stricter than your US processed visas (via Service Centers).

If the European country allows it, then by all means go for DCF. DCF in itself is a complete process and gives the applicant a GREEN CARD. A K3 visa on the other hand DOES GIVES THE APPLICANT A GREEN CARD ONLY WITH AN ADJUSTMENT OF STATUS (AoS). So decide if you want DCF(Embassy in local country) or K3 (Service center in US).

DCF in India atleast has a restriction that the visiting US Citizen must be physically be present for 60 days. Check with your local embassy if they will take your case.

2. I believe that you can apply for your step daughter while you DCF. Unmarried sons/daughters of USC's fall under Preference 2 category. She may have to wait for a little while longer to apply.

IF YOUR DAUGHTER IS NOT NATZ IN THE LOCAL EUROPEAN COUNTRY THE EMBASSY ALMOST SURELY WILL NOT ENTERTAIN HER DCF APP. Check again with embassy if thwy will waive this rule or see if you can DCF her in Africa or file I-130 (K3) for her simultaneously in the US. Hope this helps
 
Thanks Rahul for the info. I understand the difference between DCF and K3 now. Has anyone ever started a K3 after a DCF was started (in case it was taking forever?)So, kind of simultaneously?
The daughter issue is still very unsure. It is really once we are at the embassy that the answers will come. Noone can predict what will happen.Thank you for responding. Frederique
 
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