Consular filing due to Extraordinary Circumstances Approved!

[IndoChile 0]

Hello,

This post concerns the process post-approval due to USCIS extraordinary circumstances being met for the I-130 to be expedited at an embassy that does not offer DCF.

In August I received a job offer that led to my sudden relocation from Chile, to the US. During this time, I filed an "emergency request" with the local embassy to try to expedite my wife's visa (She is an Indonesian Citizen with Permanent Residency in Chile), and to ask for DCF in Santiago. The embassy immigration department forwarded this request through the USCIS field office in Peru..

As a fail-safe, I also sent an I-130 through to the Chicago lockbox. This has been received but not adjudicated, and was sent to the NSC. The current schedule for the NSC where the case is lodged is behind, and the last case they processed was April 22, 2015 (My Case was received September 10.)

Yesterday, to my surprise, the local USCIS field office and US Embassy approved my request for processing under extraordinary circumstances, meaning that I can file and adjudicate the I-130 directly with the embassy and process the visa there.

My question is, will the fail-safe I-130 I filed in Nebraska interfere with this process? Has anyone else ever heard of such a request being approved, and is there any experience with the process and timeline thereafter? I have found virtually no info on this online. It seems extremely rare to get such a request approved

My feeling is that the embassy is attached to the DOS, not USCIS, so the case will go directly from the embassy to the NVC channels, and create a closed loop where the Embassy is doing all the leg work. Once an approved I-130 hits the NVC, it will invalidate the other one as they are both for the same person. Once I have a valid visa in hand, I can easily pull the I-130 that is standing in line from the USCIS processing list, right?

Any info or experience would be appreciated.

[BigDaddy28 228]

You should've not filled that extra I-130. I understand your point though. I would wait on the NOA1 and when you get it than contact them and tell them to specifically withdraw only that petition. Of course there won't be no refund. Good luck.

[IndoChile 0]

I agree, it would have been better not to file the extra, but it seemed like the request would almost certainly be denied. I believe NOA 1 for the fail-safe is still at least 6-7 months out. I am not worried about a refund, just getting my family here!

[NikLR 13,227]

You can close the US based I-130.

[Ryan H 3,812]

My feeling is that the embassy is attached to the DOS, not USCIS, so the case will go directly from the embassy to the NVC channels, and create a closed loop where the Embassy is doing all the leg work. Once an approved I-130 hits the NVC, it will invalidate the other one as they are both for the same person. Once I have a valid visa in hand, I can easily pull the I-130 that is standing in line from the USCIS processing list, right?

Any info or experience would be appreciated.

The Chilean based I-130 will never go to the NVC.

[IndoChile 0]

Hi Ryan,

Do you mean that everything would be done locally? It seems that it would be a completely separate process then, and both USCIS and the NVC are completely left out of it. I have been in direct contact with the Consular Immigration Unit, who already got permission from USCIS to do the local processing. So maybe there is no conflict at all, and I can rescind the US based petition after the final approval by the embassy.

[NikLR 13,227]

Yes DCF means everything is done at the embassy.

[N-o-l-a 7,167]

The extra I-130 should not be a problem. Our US based I-130 was approved after my husband came in on our special case DCF CR1. They said it might cause problems when it came time for ROC but no one seemed to know what to do about it. There were no problems for ROC and my husband has his 10 year greencard now.

[IndoChile 0]

Thanks for the info Happy Homemaker. It looks like we should be set then. Out of curiosity, how long was the processing time for the special case DCF in your case?

[N-o-l-a 7,167]

Thanks for the info Happy Homemaker. It looks like we should be set then. Out of curiosity, how long was the processing time for the special case DCF in your case?

Took about 3 weeks from the day the I-130 was received because that was the soonest we could get the medical I believe.

[IndoChile 0]

Just an update for the knowledge base.

-We managed to schedule the interview and medical and get everything completed. In all it took an additional 3 months from the time of approving the visa due to extraordinary circumstances to get to the interview date. This delay probably varies based on each embassy's internal load.

-During the wait time for the locally filed visa, the domestically filed I-130 from Nebraska arrived.

-At the time of the interview, we were required to submit originals and copies of our documents, and the affidavit of support in hard copy.

-The interview went well and the visa was approved. One week was required to process the documents. There was no interference between the two processes.

[NikLR 13,227]

Thanks for the update.

[diarbildua 0]

Hi,

 

I hope this message reaches you.

 

I read your post about your experience with DCF at the Chilean US embassy, right now I'm going through the same process, I already sent them all the documents required and they told me that they sent them to the USCIS office in Lima.

 

That was three weeks ago. when I followed up with them the answer was that these requests take from two to four weeks to get an answer.

 

How long did it take in your case between the moment you requested DCF and the moment you received a positive answer from Lima??