DCF Help

[frali 2]

I was wondering if anyone has first filed their I-130 in US and then qualified for DCF? What is the process for this?

Any guidance would be helpful. Specially interested in hearing from anyone who has managed to do this successfully.

Thank you

[MargotDarko 0]

I was wondering if anyone has first filed their I-130 in US and then qualified for DCF? What is the process for this?

Any guidance would be helpful. Specially interested in hearing from anyone who has managed to do this successfully.

Thank you

Hello. You would need to be resident in the UK for six months, cancel the original I-130 petition, and then file a new petition in London. It's not possible to transfer it. Good luck!

[frali 2]

Thanks Margot Dargo.

Here is the thing...

The USC is here in UK with LLR UK Visa and has been here since Jan 2008 (over 10 months here). I don't want to risk cancelling the I-130 in US and then not qualifying for DCF. As I would have to start from scratch. Thus posting here.

Any help and advise would be very helpful.

[payxibka 10,047]

Get in contact with the USCIS field office located in the consulate in London as they are the ones who will acceept the I-130 if eligible. If they will take it then cancel the US filed one.

http://london.usembassy.gov/dhs/uscis/index.html

Edited November 12, 2008 by payxibka

[ksa2usa 0]

It might be done differently in the UK, but I did exactly what you want to do here in Saudi Arabia and it went just fine. We filed our i-130 in the USA, then found out about DCF. We went to the consulate to ask some questions, and ended up filing right then and there, before we even cancelled the one in the USA. (we eventually did though)

The people here at our embassy told us that our process here has nothing to do with anything going on in the USA, and our withdrawl would have no effect on us filing again here.

I hope this helps!! Good luck to you.

[MargotDarko 0]

Thanks Margot Dargo.

Here is the thing...

The USC is here in UK with LLR UK Visa and has been here since Jan 2008 (over 10 months here). I don't want to risk cancelling the I-130 in US and then not qualifying for DCF. As I would have to start from scratch. Thus posting here.

Any help and advise would be very helpful.

10 months in the UK on the LLR visa would definitely qualify, especially if she can show things like her name on a lease or on the council tax bill along with the arrival stamp on her visa.

How long ago was the I-130 filed in the US? If it's been less than 3 or 4 months and you don't have NOA2 or even NOA1 yet, I would definitely go for DCF.

Get in contact with the USCIS field office located in the consulate in London as they are the ones who will acceept the I-130 if eligible. If they will take it then cancel the US filed one.

http://london.usembassy.gov/dhs/uscis/index.html

The USCIS office in London will actually cancel the first I-130 for them? I thought they would have take action on it themselves. But that's just from what I've read rather than personal experience.

[payxibka 10,047]

Get in contact with the USCIS field office located in the consulate in London as they are the ones who will acceept the I-130 if eligible. If they will take it, then cancel the US filed one.

http://london.usembassy.gov/dhs/uscis/index.html

The USCIS office in London will actually cancel the first I-130 for them? I thought they would have take action on it themselves. But that's just from what I've read rather than personal experience.

No not what I meant to say... the OP would have to take action not the USCIS field office.

[frali 2]

It might be done differently in the UK, but I did exactly what you want to do here in Saudi Arabia and it went just fine. We filed our i-130 in the USA, then found out about DCF. We went to the consulate to ask some questions, and ended up filing right then and there, before we even cancelled the one in the USA. (we eventually did though)

The people here at our embassy told us that our process here has nothing to do with anything going on in the USA, and our withdrawl would have no effect on us filing again here.

I hope this helps!! Good luck to you.

KSA2USA,

I was looking for you But I didn't remember your screen name. Can you confirm how long you have lived in KSA? We have been trying to get an appointment with the consulate but have had no luck.

Thank you for your response.

[payxibka 10,047]

I hope you are trying to get in contact with the USCIS field office located in the Embassy compound and not the Consulate itself.

Alternatively, you may call 09042-450-045 for further assistance. The Call Centre operates Monday through Friday, between 8.00 am and 9.00 pm, and Saturday, between 09.00 am and 4.00 pm. The Call Centre is not open on British public holidays. Calls to this line are charged at £1.20/min from BT landlines. Some mobile and network providers may charge more. Callers from outside the UK and some mobile and network providers cannot access this number.

Please note: Petitions for Alien Relative (I-130) and Petitions for Amerasian, Widow(er), or Special Immigrant (I-360) must be filed by mail. These petitions cannot be filed in person. Read more about filing petitions.

[frali 2]

Get in contact with the USCIS field office located in the consulate in London as they are the ones who will acceept the I-130 if eligible. If they will take it, then cancel the US filed one.

http://london.usembassy.gov/dhs/uscis/index.html

The USCIS office in London will actually cancel the first I-130 for them? I thought they would have take action on it themselves. But that's just from what I've read rather than personal experience.

No not what I meant to say... the OP would have to take action not the USCIS field office.

I agree. I will cancel the I-130 filed in US. Just don't want to cancel it before London office would accept my petition.

Thank you all for your responses.

VJ Rocks

[frali 2]

I hope you are trying to get in contact with the USCIS field office located in the Embassy compound and not the Consulate itself.

Alternatively, you may call 09042-450-045 for further assistance. The Call Centre operates Monday through Friday, between 8.00 am and 9.00 pm, and Saturday, between 09.00 am and 4.00 pm. The Call Centre is not open on British public holidays. Calls to this line are charged at £1.20/min from BT landlines. Some mobile and network providers may charge more. Callers from outside the UK and some mobile and network providers cannot access this number.

Please note: Petitions for Alien Relative (I-130) and Petitions for Amerasian, Widow(er), or Special Immigrant (I-360) must be filed by mail. These petitions cannot be filed in person. Read more about filing petitions.

Thank you for your help Fwaguy. I'll call this number to get advice.

[ksa2usa 0]

Get in contact with the USCIS field office located in the consulate in London as they are the ones who will acceept the I-130 if eligible. If they will take it, then cancel the US filed one.

http://london.usembassy.gov/dhs/uscis/index.html

The USCIS office in London will actually cancel the first I-130 for them? I thought they would have take action on it themselves. But that's just from what I've read rather than personal experience.

No not what I meant to say... the OP would have to take action not the USCIS field office.

I agree. I will cancel the I-130 filed in US. Just don't want to cancel it before London office would accept my petition.

Thank you all for your responses.

VJ Rocks

that's why we filed here first, to make sure they would take it...and then we mailed a letter to cancel the petition in the USA. It takes a while to cancel it in the USA anyhow, so no harm in filing in London, and then cancelling in the USA.

[ksa2usa 0]

It might be done differently in the UK, but I did exactly what you want to do here in Saudi Arabia and it went just fine. We filed our i-130 in the USA, then found out about DCF. We went to the consulate to ask some questions, and ended up filing right then and there, before we even cancelled the one in the USA. (we eventually did though)

The people here at our embassy told us that our process here has nothing to do with anything going on in the USA, and our withdrawl would have no effect on us filing again here.

I hope this helps!! Good luck to you.

KSA2USA,

I was looking for you But I didn't remember your screen name. Can you confirm how long you have lived in KSA? We have been trying to get an appointment with the consulate but have had no luck.

Thank you for your response.

we have been here almost a year, but we filed 2 months ago. I don't know the residency requirements here, but I'm assuming its the usual 6 months.

if you are trying to call the consulate, don't hold your breath. you will never get an answer or response to your messages. hubby and i have become regular, in-person visitor for every single question we've had along the way.

Are you here in KSA? if so, just stop in from 1-330pm

[frali 2]

Thanks KSA2USA What stage have you guys reached in your visa journey?

We are based in London. I am still in the process of checking if they would accept our I-130. I will keep you all posted.

Thank you all for your help and support.

[MargotDarko 0]

Thanks KSA2USA What stage have you guys reached in your visa journey?

We are based in London. I am still in the process of checking if they would accept our I-130. I will keep you all posted.

Thank you all for your help and support.

I am almost positive you will not get a straight answer about whether they will accept the I-130 until you actually submit it. I have also never heard of anyone being charged for the I-130 petition and then being told they were not eligible to submit it - it would just be returned and no payment taken. So you will probably really just need to go for it. Make sure things like a copy of the lease/mortgage and council bill are included along with a copy of the USC's passport page with the UK visa and arrival stamp.

Not sure if you've thought about this, but you won't receive your money back from the US service center. But it really is so much faster and better to go through London directly that it should take the sting out the money lost.