DCF vs Chicago Lockbox

[ghess1000 0]

I'm having some trouble understanding how this works. My wife and I live in Singapore. There's no USCIS desk at the Embassy here. It appears if you are in Bangkok or Manila, you can file use DCF to file the I-130 and the process takes a few months. But because I live in Singapore, I have to send the form to the Chicago lockbox and the process might take over a year. Is this really the case?

I've just found out my contract won't be renewed here when it ends nine months from now. We'd like to return to the US so my daughter can start kindergarten there, but I don't want to leave my wife behind. FYI, we've been married for almost five years and our daughter, a US citizen, is four.

Any advice is greatly appreciated.

[Penguin_ie 5,997]

You are correct that you need to file via the lockbox. IR-1 spousal visas are often auto-expedited if the USC lives abroad, though this is not an official policy, just something we have noticed o here. So you may get the visa within 9 months, but you cannot be certain.

[jpac876 1]

Hello,

I wish I had better answers for you! However, it seems you that the only way to go the DCF route would be to request for an exception. While you may already have this information, you can reference the information below from the US Embassy in Singapore.:

Exceptional Filing at U.S. Embassies or Consulates without a USCIS Field Office:

Beginning August 15, 2011, petitioners, who do not reside in a country with a USCIS field office, but who believe that their situation merits an exception, may request an exception to allow the Consular Section at the Embassy or Consulate to accept the filing. Each request for an exception will be evaluated individually.

A petitioner seeking to file a Form I-130 at an Embassy or Consulate where USCIS does not have a presence should contact the Consular Section to request consideration of the request for exception and explain the circumstances in detail. The Consular Section will then relay the request for an exception to the USCIS field office with jurisdiction over the Embassy or Consulate. The determination of whether the case presents exceptional circumstances that warrant an exception to the general filing process will be made by USCIS. USCIS will be publishing guidance on the circumstances that may qualify as exceptional on their website at: Process for Responding to Requests by the Department of State (DOS) to Accept a Locally Filed Form I-130, Petition for Alien Relative.

Please contact the Consular Section, Immigrant Visa Unit at email: singaporecon@state.gov or Tel: 64769100 for further information.

My advice would be to inquire via phone or email as to the timeframe and guidelines on which qualifying for an exception is even REALISTIC. At the same time, what would the time frame be? Would it be more time efficient to just bite the bullet and file with the Chicago Lockbox? Either way, I wish you and your family the best! Hope this helps and Good Luck!

Regards,

Justin

[Kastrs 723]

Hello,

I wish I had better answers for you! However, it seems you that the only way to go the DCF route would be to request for an exception. While you may already have this information, you can reference the information below from the US Embassy in Singapore.:

Exceptional Filing at U.S. Embassies or Consulates without a USCIS Field Office:

Beginning August 15, 2011, petitioners, who do not reside in a country with a USCIS field office, but who believe that their situation merits an exception, may request an exception to allow the Consular Section at the Embassy or Consulate to accept the filing. Each request for an exception will be evaluated individually.

A petitioner seeking to file a Form I-130 at an Embassy or Consulate where USCIS does not have a presence should contact the Consular Section to request consideration of the request for exception and explain the circumstances in detail. The Consular Section will then relay the request for an exception to the USCIS field office with jurisdiction over the Embassy or Consulate. The determination of whether the case presents exceptional circumstances that warrant an exception to the general filing process will be made by USCIS. USCIS will be publishing guidance on the circumstances that may qualify as exceptional on their website at: Process for Responding to Requests by the Department of State (DOS) to Accept a Locally Filed Form I-130, Petition for Alien Relative.

Please contact the Consular Section, Immigrant Visa Unit at email: singaporecon@state.gov or Tel: 64769100 for further information.

My advice would be to inquire via phone or email as to the timeframe and guidelines on which qualifying for an exception is even REALISTIC. At the same time, what would the time frame be? Would it be more time efficient to just bite the bullet and file with the Chicago Lockbox? Either way, I wish you and your family the best! Hope this helps and Good Luck!

Regards,

Justin

There is nothing exceptional with the OPs circumstances

OP you have 9 months, get the paperwork into the lockbox now, with luck you will have the visa in hand by the time you move, otherwise your separation is likely to be brief

[jpac876 1]

There is nothing exceptional with the OPs circumstances

OP you have 9 months, get the paperwork into the lockbox now, with luck you will have the visa in hand by the time you move, otherwise your separation is likely to be brief

Upon reading further into what the USCIS views as EXCEPTIONAL CIRCUMSTANCES. I would have to agree with Kastrs on this. here is what I found:

© Exceptional Circumstances.

The following are some examples of exceptional circumstances when USCIS will likely authorize DOS to accept and process an I-130 petition:

(1) Military emergencies: A U.S. service member overseas becomes aware of a new deployment or transfer with very little notice. This should be an exception to the regular relocation process for most service members.

(2) Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes the situation where a petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child.

(3) Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety.

(4) Cases close to aging out: A beneficiary is within a few months of aging out of eligibility.

(5) Cases where the petitioner has recently naturalized: The petitioner and family have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) require a new, stand-alone petition.

(6) Cases involving the adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country. This exception should only be considered if the child has been in the petitioner's legal and physical custody for at least two years and the petitioner has a full and final adoption decree on behalf of the child.

[ghess1000 0]

Thank you for your answers. I'm considering one other option. We could apply for a tourist visa (my wife has had three) and visit my family for Christmas. While there I could immediately file the I-130. According to a lawyer I consulted, if she is in the country legally when the petition is filed, she is entitled to remain until the petition has been accepted (or rejected). Of course, there's no guarantee she'll get the tourist visa, but if I apply now there would only be a few weeks delay in filing the I-130 in the event she doesn't get the B1/B2.

Is this a crazy idea? Please don't pull any punches. I'm a novice at this. I did consult a lawyer this summer when it appeared I would receive a job offer, but it fell through. I don't want to do anything to jeopardize the long term plan, just to avoid a short separation. I'm more concerned about my little girl being able to start school on time.

[Penguin_ie 5,997]

It is a crazy and illegal idea. Tourist visas are for visiting, and using one with the intention of immigrating is visa fraud, which can lead to a lifetime ban.

[ghess1000 0]

Thanks, that's what I needed to hear.

This is such a stupid, frustrating system. There's simply no excuse for making it take so long. It's one thing to wait for approval, but another to make us separate. Great family values USA.

[Penguin_ie 5,997]

Well, they do not make you separate; you could wait to move until she has the visa, though of course that will likely mean loosing out on a job opportunity.

The wait is hard though, that is true. Take some comfort that it used to take several years, only a few years ago, so it has sped up a lot.