DCF Only in Exceptional Circumstances?

[casouqor 0]

I was looking into DCF'ing our i-130 but upon reading the instructions for submission of the i-130 it says that you can only submit an i-130 to an Embassy or Consulate in a country without a USCIS office if it's an exceptional circumstance. Otherwise you have to mail it in to the Chicago field office.

We were hoping to DCF our i-130 because I'd read a lot saying it was significantly faster than using the USCIS route. That was exciting to hear because the first time we got a green card for my wife (which we later surrendered when we left the U.S.) we had to go the USCIS route and it was as long as it was unpleasant.

People seem to be actively discussing DCF's in this forum. Am I missing something? Is it common for people to do DCF even though the USCIS site says it's only for exceptional circumstances? Should I just call the consulate and ask them if I can do it or not?

[NigeriaorBust 4,087]

Only certain couples qualify to DCF , you have to reside under an embassy that allows it, The USC has to have legal residence in the country usually for 6 months before filing.

[bendinlar 16]

Your profile is not very helpful as it is.

We need to know what country you are in to be able to tell you if its a DCF country.

There is a list of embassies that have USCIS offices in them somewhere on the USCIS website. Don't have that link right here.

So first off, where ya at?

[casouqor 0]

We're in Canada, which doesn't have any USCIS field offices, which makes it a DCF eligible country. However both the I-130 forms and the consular websites indicate that DCF can only be done with an exception (a.k.a. an emergency) so we don't qualify.

It's fine. The VisaJourney stickied link in the DCF forum leads to an explanation which is woefully out of date in that it doesn't stress that in 2011 the DCF policy was changed to require an exception, and that absent one you have to send your file to Chicago.

EDIT: I updated my profile with useful information

Edited August 13, 2014 by casouqor

[Lermontov 0]

Only certain couples qualify to DCF , you have to reside under an embassy that allows it, The USC has to have legal residence in the country usually for 6 months before filing.

He's talking about this:

"U.S. Embassies and Consulates may only accept I-130 petition filings from petitioners who believe they have exceptional situations that would merit an exception from filing by mail to the USCIS Chicago Lockbox."

Petitioners who believe that their situation merits an exception may contact the nearest U.S. Embassy or Consulate to request an exception and explain their circumstances in detail. Each request for an exception will be evaluated individually and must be authorized by the USCIS office that is responsible for that specific U.S. embassy or consulate.

USCIS published guidance on circumstances that may qualify as exceptional.

If your request to file an I-130 petition with a U.S. Embassy or Consulate is not authorized by USCIS, then you must file the petition with the USCIS Chicago Lockbox.

This guidance intimates that even if you meet the residency requirements in a foreign country, that you can only apply for DCF under "exceptional circumstances." As a DCF filer myself I've never heard of this, but if taken at face value, appears to be the official policy. Practice obviously appears to differ, and might be based on country.

[Mark88 184]

What would your "exceptional situation" be? A long wait wouldn't count.

[bendinlar 16]

DCF is available in some countries, that have an uscis field office, Philippines, S. Korea, and many others I can't list. If you're in one of those counties you can file abroad if you meet the residency requirements.

This works because you are not filing with the embassy, you are filing with USCIS at their field office in(or across the street from) the embassy.

If you live somewhere there is not an USCIS field office, you can't file abroad, unless you have extrordanary circumstances. The USCIS district office that has jurisdiction over the country is who decides if its extraordinary enough to be allowed.

On the upside, I have read that there are many cases where the case is automaticly expedited when the petitioner lives abroad. Unsure if this is still happening or if it was only a few cases. Research is in order.

Edited August 13, 2014 by bendinlar

[tuckey 0]

We are also trying to figure out the DCF rule in Canada ...Was on the US consulate website that lists the requirements for DCF info and nowhere does it say that Canada does not do this anymore ..???? and you can't call them up and ask ...so is this the consensus - that you no longer can DCF an I-130 in Canada ??? Is that accurate as of late?? Is there anyone that can speak to this with recent experience and knowledge!!!

[NikLR 13,231]

DCF has been unavailable in Canada since 2011.

http://canada.usembassy.gov/visas/information-for-canadians/helping-immediate-relatives-immigrate-to-america.html

exceptional circumstances... basically you will die unless both of you can move asap and you can prove it.

[KatandColin 1]

Actually, my husband and I did DCF from Canada in 2014.

NO dying or near dying required.

There are a number of other things that qualify for "exceptional circumstances".