Filing DCF, Should I file as having Domicile or re-establishing?

[cddraper7]

Hi Everyone. I've been reading up on a lot of forums on this site over the past few weeks and really appreciate all of the great input offered from those who have been down this path before.

 

I have many questions about this process still actually, but will just ask a few for now, and post others later as time goes on.

 

First a little background:

My plan is to file DCF for a CR1 visa. We are not actually married yet, but this seems by far the fastest and least "mafan" of all of the options available for those who are able to use it. We have known each other for 3.5 years, and have been dating for only the last year. We plan to marry in spring 2017 and file immediately after. I have been in China for 3.5 years, the first two years as a student, then one year on the business "M" visa, and now just recently on a "Z" visa, with a residence permit, so by the time we apply it will have been over 6 months of being on a residence permit which meets the DCF requirements.

 

From moving to China until now, throughout my time here, I've continually received income through the US, through a non-profit organization that I receive donations through, which is taxable income, and as such I have filed taxes each year since residing here. I have recently also started earning income here in China, and will begin filing this foreign income along with my US income on my next tax filing.

 

I do not meet the financial requirements for support, so my father will be our joint sponsor. We also plan to stay with my parents when we move back, which is where I have maintained my permanent address.

 

The bona fide marriage doesn't concern me as much, as our relationship is bona fide and we have evidence such as photos, chat logs, etc., though no joint bank accounts or leases yet as we're not living together at this time. But this doesn't seem to be as big an issue for DCF filers.

 

My main concern is with domicile. And I'm still a little confused about which way to file, either as having maintained domicile, or intent to re-establish. When filing, do you have to claim one or the other? Or can you just include evidence that I believe proves I have maintained domicile, with additional evidence showing intent to move back?

 

So far my available evidence is:

• active voters registration
• active drivers license, recently renewed
• multiple credit cards with parents address as permanent address
• multiple bank accounts with parents address as permanent address
• retirement account with parents address as permanent address
• continually active health insurance, with parents address
• letter from my father stating we will live with them

Would the above be enough to qualify as maintaining domicile? Or should we go the re-establish route? Or again, do I have to choose?

 

Another question is, if we were to be denied based on domicile, is it an outright visa rejection, or is there time to re-submit or change my claim from having maintained domicile to re-establishing?

 

Also one last question, unrelated to domicile. Like I mentioned before we plan to marry and then begin filing immediately for CR1. Does any time need to pass before we begin filing, or could I theoretically file the petition in GUZ the next day and have no problems?

 

Thank you in advance for your help, really appreciate your guys' assistance.

[Randy W]

The six month residence requirement for filing DCF was dropped in 2012 - this has been verified by the consulate in an email to one of our members- http://candleforlove.com/forums/topic/48592-a-guide-to-dcf-for-dummies/?p=628258,

 

Simply fill in the blanks truthfully - you seem to have it more than covered. DCF applications tend to have a high rate of success, especially with your circumstances.

 

Your thinking here - "change my claim from having maintained domicile to re-establishing" is unclear. You HAVE a place to hang your coat in the U.S.

 

I would be more concerned with your career - ideally, you will be able to show a viable continuing career and/or source of income. An active job search might go a long way toward this end.

[cddraper7]

Thanks for your response Randy. That makes me feel a lot better about the domicile requirement.

 

As for the career piece, I will still have some income coming in from the states at that time, though it will be far below the requirements still. I plan to contact a few people about jobs closer to the time, would just a copy of back and forth emails between prospective employers work? Does it need to be anything official?

 

Thank you again

[Randy W]

Thanks for your response Randy. That makes me feel a lot better about the domicile requirement.

 

As for the career piece, I will still have some income coming in from the states at that time, though it will be far below the requirements still. I plan to contact a few people about jobs closer to the time, would just a copy of back and forth emails between prospective employers work? Does it need to be anything official?

 

Thank you again

That should help.