Direct Consular Filing of I-130 petition in Paris

[ntibles 3]

I am creating this new topic to post about my experience with direct consular filing and IR1 visa application at the US embassy in Paris. I am a French citizen married to a US citizen, and we have been living in France for several years; we both got job offers in the US in late April with September start dates.

 

The Paris embassy usually does not take I-130 petitions, which means that applicants from France usually have to send their petition to the Chicago lockbox, wait for a super-backlogged USCIS service center in the US to approve the petition, transfer the case to the NVC, wait for the NVC to process the visa application and transfer the case to the embassy. As far as I can tell, the entire process (from the time the petition is sent to visa issuance) takes about 10-12 months these days.

 

However, the Paris embassy does take I-130 petition under some special circumstances, such as having a short-notice job offer in the US. This was precisely our case, and the process was amazingly quick. Here are the details:

 

- May 12: we sent a message to the visa section of the embassy using the contact form: https://fr.usembassy.gov/visas/visa-section-contact-form/

[we gave the details of our situation -- and highlighted the fact that we had job offers with September start dates].

 

- May 16: the embassy responded by e-mail: 

Quote

 

As you noted, effective August 15, 2011, all I-130 petitions for an immediate relative must be filed directly with the USCIS Chicago lockbox,www.uscis.gov

Embassies without a USCIS presence such as the US Embassy in Paris, may now accept petitions in very limited and urgent circumstances such as military emergencies, medical emergencies, threats to personal safety and cases close to aging out.  This is not an exhaustive list and each case is reviewed individually, http://www.uscis.gov/forms/expedite-criteria

 

If you believe there is a compelling reason to accept the filing of the I-130 petition in Paris, please submit via email scanned copies of documentation/evidence of filing at post, such as firm letter of the employer in U.S. with date of relocation, legible copies of U.S. passport and beneficiary(ies) passports, Marriage certificate (Copie Integrale de l’Acte de marriage if it took place in France), birth certificates and the case will be given every consideration. 

 

- We responded on the same day, with all the required scanned documents + job offer letters. From what I understand, it is important to show (1) that your petition has a high likelihood of getting approved (they accept cases that look quite straightforward), and (2) that you have a legitimate reason to file at the consulate. The list of legitimate reasons is detailed on the USCIS website link above, but also in 9 FAM 504.2-4(B)(1)(b)(3)(g) and in USCIS PM 602-0043.1 ("Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.") -- we put these citations in our e-mail.

 

- June 2: the embassy responded to our DCF request by e-mail, and asked us to make an appointment to file the petition at the embassy. Both of us had to be present. We took the earliest appointment available (June 7).

 

- June 7: we filed the I-130 petition at the embassy; and made a medical appointment for June 21.

 

- June 16: the embassy sent an e-mail informing us that our petition had been approved; I filled the DS-260 online form immediately.

 

- June 21: medical appointment; I also received the visa interview appointment at the embassy for July 5.

 

- July 5: visa interview at the embassy (only I had to be present). The consular officer informed me at the end of the interview that the visa had been approved, and that I would receive the visa and passport in about 10 days.

 

- July 17: I received my passport and visa. :-)

 

Overall, the process took about 2 months. 

[Soup Dragon 104]

Wow, that's super quick!    Congratulations!

[UserC 25]

On 7/18/2017 at 3:22 PM, ntibles said:

I am creating this new topic to post about my experience with direct consular filing and IR1 visa application at the US embassy in Paris. I am a French citizen married to a US citizen, and we have been living in France for several years; we both got job offers in the US in late April with September start dates.

 

The Paris embassy usually does not take I-130 petitions, which means that applicants from France usually have to send their petition to the Chicago lockbox, wait for a super-backlogged USCIS service center in the US to approve the petition, transfer the case to the NVC, wait for the NVC to process the visa application and transfer the case to the embassy. As far as I can tell, the entire process (from the time the petition is sent to visa issuance) takes about 10-12 months these days.

 

However, the Paris embassy does take I-130 petition under some special circumstances, such as having a short-notice job offer in the US. This was precisely our case, and the process was amazingly quick. Here are the details:

 

- May 12: we sent a message to the visa section of the embassy using the contact form: https://fr.usembassy.gov/visas/visa-section-contact-form/

[we gave the details of our situation -- and highlighted the fact that we had job offers with September start dates].

 

- May 16: the embassy responded by e-mail: 

- We responded on the same day, with all the required scanned documents + job offer letters. From what I understand, it is important to show (1) that your petition has a high likelihood of getting approved (they accept cases that look quite straightforward), and (2) that you have a legitimate reason to file at the consulate. The list of legitimate reasons is detailed on the USCIS website link above, but also in 9 FAM 504.2-4(B)(1)(b)(3)(g) and in USCIS PM 602-0043.1 ("Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.") -- we put these citations in our e-mail.

 

- June 2: the embassy responded to our DCF request by e-mail, and asked us to make an appointment to file the petition at the embassy. Both of us had to be present. We took the earliest appointment available (June 7).

 

- June 7: we filed the I-130 petition at the embassy; and made a medical appointment for June 21.

 

- June 16: the embassy sent an e-mail informing us that our petition had been approved; I filled the DS-260 online form immediately.

 

- June 21: medical appointment; I also received the visa interview appointment at the embassy for July 5.

 

- July 5: visa interview at the embassy (only I had to be present). The consular officer informed me at the end of the interview that the visa had been approved, and that I would receive the visa and passport in about 10 days.

 

- July 17: I received my passport and visa. :-)

 

Overall, the process took about 2 months. 

 

 

Congratulations!

I have a question: do you think this would have been possible if the beneficiary is a french citizen but living in the UAE with his USC spouse (the petitioner)?
Would the Paris consulate still accept such case only based on the fact that the beneficiary is a french citizen?

[jan22 3,052]

4 hours ago, HenryD said:

 

 

Congratulations!

I have a question: do you think this would have been possible if the beneficiary is a french citizen but living in the UAE with his USC spouse (the petitioner)?
Would the Paris consulate still accept such case only based on the fact that the beneficiary is a french citizen?

No.  The determining factor is where the petitoner resides, not the beneficiary.

[UserC 25]

Thanks for your reply

[CCCCC 0]

Hi. I have a simliar situation (receiving an offer to transfer with my company in less than 5 months), but 1 small difference - i am trying to determine if it is best to get married to my fiance and take the chance of applying for this exception for an i-130, or file through a K1 fiance visa. As if the exception petition is declined, we then have a much longer process with the i-130 through the US vs the time for a k1 visa.

i have a couple of questions related to your experience:

 

- did you already file for the i-130 through the US and then request the exception? i see they requested "scanned copies of documentation/evidence of filing at post"

- i have tried to use the form at the website you listed https://fr.usembassy.gov/visas/visa-section-contact-form/, however i already have to be in process with something? or am I understanding this wrong?

- when you say "(they accept cases that look quite straightforward)", do you think that just getting married right before filing would be looked at negatively?

- I have seen from others experiences that they had to contact the UCISC office in Rome, did you do this?

 

Thanks so much. 

[Mr_B 3]

The way it works is you need to contact the embassy (almost always per email), explaining the exception, in other words why you ask the consul to file on your behalf. You should include proof of the accepted (!) job offer in that email. 

The French consulate could reject your case immediately, or they could send it to USCIS (Rome) for approval. Of course the embassy would not likely accept cases that have a significant risk of rejection by USCIS Rome, hence the "straightforward" remark.

After both the French consul and USCIS Rome agree, the consulate will invite you for the first meeting, i.e. the one for the I-130. You will get the instructions for the further steps in that meeting too: how and where to do the medical, get proof of birth, military, fill out DS-x60, I-864, etc. 

Basically from the first meeting onwards the timing is a bit in your hands, the sooner you can get your medical out of the way and obtain all documents, the sooner you can schedule the interview. This could be even less than 2 months. After the visa is approved, your spouse has 6 months to immigrate, but never before you. Some people stall the process a bit to time their immigration.

 

You will never be in direct contact with USCIS Rome, everything goes through the embassy.

 

Being just married should not be an issue, it only means that instead of an IR-1, your spouse will get a CR-1 visa which is valid for 2 years. 

 

If the worst happens and you got married but the consul rejects your case, you will have to go through the Chicago lockbox which usually takes 12-14 months. That's the risk you're taking (or not). The spouse can visit during this period up to a certain number of days at  a time (90 days with ESTA). 

 

 

[CCCCC 0]

Thanks so much for the quick reply. In terms of the best email to use for the french embassy, do you have any email addresses? it is nearly impossible to find one on their website. 

2 more questions:

- Is there any way to email about the direct consular filing without being married first, and if approved...then go through the process of getting married?

- Also, based on my situation, would it be considered straightforward - I am American, he is French and Portuguese, but has lived his entire life in France. We have both never been married and have no criminal records.  What makes cases not straightforward for this process?

 

Merci!

 

[Jorge V 195]

20 minutes ago, CCCCC said:

Thanks so much for the quick reply. In terms of the best email to use for the french embassy, do you have any email addresses? it is nearly impossible to find one on their website. 

2 more questions:

- Is there any way to email about the direct consular filing without being married first, and if approved...then go through the process of getting married?

- Also, based on my situation, would it be considered straightforward - I am American, he is French and Portuguese, but has lived his entire life in France. We have both never been married and have no criminal records.  What makes cases not straightforward for this process?

 

Merci!

 

You shouldn't have a problem asking them about DCF before getting married. Being married recently doesn't really impact a case except that couples who have been married longer tend to have more evidence such as joint property or children, but as long as you have enough evidence of a genuine relationship then you should have no problems.

 

Your case sounds straight forward. Cases that cause problems are usually those where the intending immigrant has run afoul of USCIS/CBP in the past. Illegal entries into the US or visa overstays can lead to bans that require waivers to be filed.

 

Other possible issues might be couples who have rarely met and are from a high fraud country such as Ghana. It sounds like you and your SO have spent time together so that shouldn't be a problem. The EU as a whole is considered low fraud so no worries there.

 

Finally, if your reasons for exceptional circumstances don't seem valid then France may reject your petition before sending it to Rome. Lots of people try to claim exceptional circumstances for reasons that will definitely not be approved, such as a pregnancy, non life threatening illness etc. A short notice job offer is on the list of exceptional circumstances so I would think that France would at least forward your petition to Rome.

[CCCCC 0]

56 minutes ago, Jorge V said:

You shouldn't have a problem asking them about DCF before getting married. Being married recently doesn't really impact a case except that couples who have been married longer tend to have more evidence such as joint property or children, but as long as you have enough evidence of a genuine relationship then you should have no problems.

 

Your case sounds straight forward. Cases that cause problems are usually those where the intending immigrant has run afoul of USCIS/CBP in the past. Illegal entries into the US or visa overstays can lead to bans that require waivers to be filed.

 

Other possible issues might be couples who have rarely met and are from a high fraud country such as Ghana. It sounds like you and your SO have spent time together so that shouldn't be a problem. The EU as a whole is considered low fraud so no worries there.

 

Finally, if your reasons for exceptional circumstances don't seem valid then France may reject your petition before sending it to Rome. Lots of people try to claim exceptional circumstances for reasons that will definitely not be approved, such as a pregnancy, non life threatening illness etc. A short notice job offer is on the list of exceptional circumstances so I would think that France would at least forward your petition to Rome.

Thanks. Do you have the email address to use for the France Embassy to request this exception?

[Mr_B 3]

If your expectation is some sort of pre-approval or conditional DCF acceptance, I don't think that's a thing. 

 

In your shoes, I'd get married asap, then have your employer write a nice letter stating the urgent relocation. You should then be all set for a CR-1 via DCF. As Jorge said, as newly weds you'll need a bit more proof of bonafide marriage, that's all. 

 

When the time comes I would just call the consular section of the Paris embassy and explain that you want to do a DCF based on urgent job exception, they will then tell you which email address to send the formal request to.

[JenniferC 0]

I am currently in Malta . My husband and 2 children have an interview set up for the final stage of immigration. Unfortunately due to a long story my youngest never had immigration papers filed for her. We want to be in the states by Easter next year.. I presume this is a perfect case for direct filing. Malt has no presence of USCIS Here..

 

Kindly advise what you think - she is only 6

 

Edited October 3, 2018 by JenniferC

[2018croz 4]

Hi, 

 

We're in the middle of DCF in Paris but a bit lost about the process hope you can help...

When/how did you submit the applicant's civil documents and the petitioner's I-184 and financial docs? Via the CEAC, online to NVC, directly to the embassy somehow....?

For context, I am a US citizen and have been living in Paris with my French husband. We request exceptional filing at the US embassy and were approved, made an appointment to submit the I-130 in person exactly as you described, and received on Oct 31 an email from the embassy saying the petition had been approved and instructing us to: ""Complete you DS-260, gather the full documentation, and register your appointment." 

 

On Nov 25, my husband submitted the DS-260 via the CEAC portal. There did not seem to be a way to upload civil documents or my I-184. We received the confirmation email that had the DS-260 had been submitted. The CEAC Status tracker says the application is "ready" but we have not received an appointment date or further information from the embassy.

 

We're confused because the confirmation email instructs us to submit documents to the NVC and says the file will not be reviewed and appointment will not be scheduled until the other documents are received. When we click on the link for instructions, we are sent here and neither of the three scenarios seem to apply to us: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-6-submit-documents-to-the-nvc.html

 

How did you submit your documents, or do you have any idea of what we're supposed to do at this point? Just wait for interview appointment or submit something? I contact the embassy via their contact form and have not heard back.

Thanks for any help you can offer!!!!

[Just Paul 4,595]

On 12/10/2018 at 8:18 AM, 2018croz said:

When/how did you submit the applicant's civil documents and the petitioner's I-184 and financial docs?

You take the documents to the embassy interview.  You skip the NVC altogether. 

[JulienR 92]

Hi 2018croz,

 

Can you tell me what supporting documentation you had to bring to you first appointment to submit the i-130 application? Was that the same as listed on the USCIS website when filing in the US?

 

Thank you.