Can I do DCF back home?

[cassandra1955]

Hi,

Just to recap my story, ...came as a tourist, got married and got divorced before interview.
So I naturally was denied AOS.

I am going back to my country in 3 days and we (I and my USC boyfriend) to get married there and file thru DCF.

I am not sure if a I can do that. They require the alien to be a resident of that country.
I am not sure if the requirement is 6 months or what?

Anyway, now I am confused because I have been here for almost 3 years but never became a "resident" according to the BCIS...so what was I ?

I still have a house and properties in my country and have current ID in there too.

Can anyone help me finding out what the term "RESIDENT" means when it comes to DCF?

Thank you in advance for your help.

NOTE: I am concerned because if I do DCF and the Embassy thinks that I am a resident there and issue a visa, and later on the BCIS realizes that I wasnt in my country for 6 months as required, they might think that I cheated and they could send me back for hiding something.

[cassandra1955]

Hi,

Just to recap my story, ...came as a tourist, got married and got divorced before interview.
So I naturally was denied AOS.

I am going back to my country in 3 days and we (I and my USC boyfriend) to get married there and file thru DCF.

I am not sure if a I can do that. They require the alien to be a resident of that country.
I am not sure if the requirement is 6 months or what?

Anyway, now I am confused because I have been here for almost 3 years but never became a "resident" according to the BCIS...so what was I ?

I still have a house and properties in my country and have current ID in there too.

Can anyone help me finding out what the term "RESIDENT" means when it comes to DCF?

Thank you in advance for your help.

NOTE: I am concerned because if I do DCF and the Embassy thinks that I am a resident there and issue a visa, and later on the BCIS realizes that I wasnt in my country for 6 months as required, they might think that I cheated and they could send me back for hiding something.

[Still Learning]

How long have you been divorced? I thought when someone got divorced they had to leave the country within so many days because technically they were out of status? Will you have a bar?

[cassandra1955]

divorce final on 07/18/03, and AOS denied on 10/16/03...my out of status period started the day the AOS was denied, I have done some research on that.

So I will have been out of status for less than a month when I leave...hopefully, the Embassy wont give me a hard time.

[cassandra1955]

yes I did receive a letter from BCIS asking me to leave, that was 10 days ago, but there was no date or anything, so I did the best that I could.

I packed and took care of bills and whatever needed to be done before I go. I hope that the BCIS will understand.

[Pasha Patel]

Hi cassandra1955,
When did you get married ? for how long were you out of status when ur visitor visa expired? I meant...you are already here for 3 yrs...
They do DCF if the case is not complicated regarding, overstay, medical and criminal...I guess if you provide all timeline here then Sammy or other experts might help you...Good Luck...Pasha

[Pasha Patel]

Hi cassandra1955,
When did you get married ? for how long were you out of status when ur visitor visa expired? I meant...you are already here for 3 yrs...
They do DCF if the case is not complicated regarding, overstay, medical and criminal...I guess if you provide all timeline here then Sammy or other experts might help you...Good Luck...Pasha

[cassandra1955]

I wasnt out of status when I applied for AOS, basically I have never been out of status until 4 weeks ago when my "marriage based" AOS was denied following the divorce.

A lawyer on ILW chat told me to look at the following website: "http://ww.amrecicanlaw.com/exclud9A.html".

It says that "time while waiting for AOS IS NOT overstay", and therefore that an AOS applicant WAS NOT out of status untill the BCIS made a decision on that AOS.

If there isnt been any change in that law, then I have only been out of status for 4 weeks.

Thanks for your help guys!

[4now]

hello cassandra.

Im very happy to hear that u r getting married and going back for your mother. it seems you will take care of 2 important things at same time. very good.

resident and permanent resident 2 different terminology per immigration purposes. Perm resident is immigration lingo. even though u did not receive pr status. u were living here for 3 years (resident). At the same time, you are still a citizen in your country. I dont know what country that is.. therefore I dont know the requirements of your country what may define if you have given up residency there. this u could probably check thru your country's immigration information. Whatever it may be please sure there is not a problem so you can get back to US once your mom is ok.

again. sincerely best wishes to you and your new marriage.