DCF Step-by-Step Procedure for Obtaining an Immigrant Visa for Spouse to the U.S.

[SeabagsFull]

A special way of applying for a U.S. Immigrant Visa (IV) for one's spouse is by Direct Consular Filing (DCF) & is available only to American citizens who have lived in Thailand for at least a year. I'll explain the process (as I experienced it three years ago) for the IV DCF, noting its difference from normal IV application procedures. Though I refer to "her" & "wife," the following applies to husbands as well.

1. Collect application forms & instructions from the U.S. DHS' (Department of Homeland Security) satellite office in the large building complex across the street from U.S. Visa/ACS Services on Wireless Road in Bangkok. The office is located on the 15th floor of Tower 2 (accessed via elevator from inside the complex). Difference: If you apply for a normal IV (i.e., you're not eligible for DCF perhaps because you haven't lived here for a year or more), then pay a visit to ACS; I'm not sure if they have the physical forms or will instead direct you to a web site for downloading the forms yourself.

2. Gather all documents as per the instructions; they'll even give you a documents check-sheet to help you focus your efforts.

3. Follow the instructions & complete the forms.

4. Return the forms to the DHS' office in Bangkok. Difference (normal IV): Submit the paperwork as instructed by ACS in Step 1. Cost is around $400, & yes, you can pay by U.S. CC (but not American Express). You can also pay in baht.

5. Wait for the DHS to contact you by mail. The DHS' task is to validate your right to apply for an IV for your spouse, which essentially means they must ascertain whether or not your marital relationship is genuine. There is redundance in this process, as the Embassy folks will require the same evidence in their paperwork in a later step. For legitimate applicants, DHS will send you a letter approving your application to apply for an IV for your spouse (or that they need something more from you). In this (the approval) letter, they'll state that they've forwarded your case file to the American Embassy who'll be contacting you shortly.

5. Wait for the American Embassy Visa Services to contact your spouse by mail. They will direct her to a website for downloading certain forms. They will instruct her to mail them only a couple of things & hold on to the rest until her interview. It is important not to mail the "couple of things" until you have all completed paperwork in hand (note that the Police Clearance Certificate takes about two weeks after applying for it [yes, they can mail it to you], meaning that you'll need to go to Bangkok a couple of weeks before mailing out the Visa paperwork). While in Bangkok, your spouse can also get her medical done at Bumrungrad (one of only two places in Bangkok that the Embassy folks will accept), which will cost 2,000-to-3,000 baht. Don't worry about all the shots & vaccinations listed on one of the downloaded forms; the hospital knows which ones are required.

6. After mailing the "couple of things" mentioned in the Embassy's letter from Step 5 above, wait for the Embassy to contact your spouse with an interview date. Note that if you supply an email address, this will be the only method they'll use to contact her. Since this was how they contacted my wife, I don't know what'll happen if you fail to supply an email address; hopefully, they'll inform her by letter.

7. Arrive at the Embassy at around 0615 or so the morning of the interview along with all application paperwork. Though the Embassy supposedly opens up at 0700, they often start ferrying in interviewees at around 0630. Regardless of how far back in line you & your spouse are standing, watch for the girl(s) who'll eventually come out with a clipboard in their hands; go to the front of the line & give your wife's name. They'll check it against their list & then usher her in. You will not be permitted to enter. Since I wanted to pay by CC, I told the girl I had ACS business. She asked for details; I told her I needed an income document. She permitted me to enter but warned me that I was to have no contact with my wife while inside & that they had people who monitored this from behind hidden wall mirrors. After we were inside, once my wife was instructed to go pay, I entered the pay line with her & paid with my CC. Then I left & waited for her across the street in the large building complex (i.e., eating donuts, sandwiches, drinking coffee, shopping, etc.) for a couple of hours. After that, I returned to the Embassy & waited outside for another two hours. My wife was first in the cue inside but last to be seen; I can't help but wonder if our having brief contact while in the pay line caused them to drop her to the end of the cue. I've since read that Americans now need to schedule an ACS appointment ahead of time; if so, then obviously you won't be able to use your CC to pay the fee.

8. If you didn't skip anything in the application process (e.g., certified divorce decree from an ex), they will give your wife a slip with a time on it for returning to pick up her passport & IV, normally from 2 to 7 days later meaning you'll have to hang around Bangkok for about a week or so. When she picks up her passport, they'll give her a sealed envelope, instructing her to (1) not open the envelope in any circumstance (meaning that you'd better safely hide it from your kids) & (2) to hand-deliver it to U.S. Customs officials when initially entering the U.S. Assuming you checked the applicable "yes" box on her application form, the U.S. INS will mail your wife a social security card along with her green card within about three weeks of entering the U.S.

Edited November 16, 2013 by SeabagsFull

[SeabagsFull]

So why would you want to go the DCF route if eligible? Time, a significant reduction of.

The American Embassy requires DHS approval before they can continue processing an application. Normally, this means they must forward your application to Washington for initial review. DHS will then contact the Bangkok satellite office which will assign a field agent to investigate the legitimacy of your marital relationship. Once your marriage is deemed genuine, Washington returns your application to Bangkok American Embassy which will then continue processing your application.

Using DCF, your application does not have to be forwarded to Washington. In my case, it took exactly two days from my submission of the forms to the satellite office for them to affirm the legitimacy of my marriage & forward the paperwork to the American Embassy.

[SeabagsFull]

There is another, significant benefit of going the DCF route that I failed to mention.

A lawyer friend of mine had some bad history with another Thai wife years ago. There were some legal issues, but supposedly he weathered them okay. When he applied for an IV though the American Embassy, they rejected his application two or three times based on his prior troubles (i.e., they would not even forward his application to DHS in Washington, as apparently they are to make a positive recommendation for approval before doing so).

So he changed strategies & applied via Direct Consular Filing. Once DHS approved his right to apply, the Embassy had no choice but to grant the otherwise perfect (i.e., he is a lawyer, after all) application. His wife now lives with him in the U.S. & is in the process of applying for her citizenship.

To give credit where it's due, this friend is the one who initially told me about DCF.

[kleelof]

Does this process still have the 125% of the poverty level for your family size requirement?

[AaronLV]

Does this process still have the 125% of the poverty level for your family size requirement?

Yes the financial requirement is still required.

[SeabagsFull]

Does this process still have the 125% of the poverty level for your family size requirement?

Sorry for the late response, Kleelof.

Yes, although the poverty levels are quite low (e.g., in 2011 I qualified with about $33K). However, it's not absolute. In the lower right corner of the side bar on page 5 of I-864 (rev. 10-18-2007) are remarks that might help, if you're still interested. They indicate that if your income is below the minimum required, then you can still qualify if your assets are valued at 3x the difference. E.g., if you come up $10K short of your annual income, then providing details of an asset worth $30K (own a house?) is all you need to do.