DCF in Canada - YES, it *IS* possible!

[skyzee 182]

Found some very infuriating yet enlightening news recently from a different thread where an exception was made to a DCF exempt country under "exceptional circumstances", allowing the petitioner to file at their USCIS office closest to their country. In Canada, our brother USCIS office is Mexico - in fact, it's listed on Mexico's USCIS website under the I-130 section: https://www.uscis.gov/about-us/find-uscis-office/international-offices/mexico-uscis-mexico-city-field-office

 

Who May File or Receive Service:

-U.S. citizens residing in one of the Mexican states in this office’s jurisdiction filing on behalf of their spouse, unmarried child under the age of 21 or parent (if the U.S. citizen is 21 years of age or older).

-U.S. citizens residing in Canada may file with the Department of State only if the USCIS Mexico field office director determines that there are exceptional circumstances.

 

Basically, the steps are to first e-mail the Montreal consulate at their IV email address and send them all the documentation relating to the clause that you are filing under and see if they are willing to petition on behalf of you to Mexico to allow you to file the I-130 in Canada. I e-mailed Montreal and they sent this back to me, so they're quite aware of the circumstances in which you can potentially file the I-130 in Canada, which are the same as the memo that's posted above:

 

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

· Military emergencies: A U.S. service member abroad becomes aware of a new deployment or transfer with very little notice. This exception applies in cases where the US service member is provided with exceptionally less notice than would normally be expected by most service members in his or her position.

· 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.

· Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety.

· Close to aging out: A beneficiary is within a few months of aging out of eligibility.

· Petitioner has recently naturalized: A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new, stand-alone petition.

· 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.

· 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.

 

I'm in the process of doing this now under the last clause and will keep this thread updated, but I'm upset because nobody (and it's nobody's fault in fact) that no one here seems to know about this situation at USCIS Mexico since it looks like a great Easter egg to find, yet it's stated quite clearly on their website. Just another channel to look at if you fit the bill and to potentially save a lot of grief for the CR1/IR1 / AOS Visa processes. I looked at people who have filed in Mexico recently via DCF and most have gotten their CR1/IR1 approvals between 60-90 days of filing.

[geowrian 22,337]

Good luck.

 

That said, this isn't anything new or peculiar or an "Easter egg". This is the normal process to try for DCF under the "exceptional circumstances" provision (which in itself is difficult to get approved and is completely discretionary).

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/petition/submit-a-petition/filing-petitions-outside-the-us.html

https://www.uscis.gov/archive/archive-news/uscis-centralizes-filing-form-i-130-0

 

And here's the updated memorandum (not directly linked on their website) with the last item (Short notice...) added:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

Edit: This is the same link as the "exceptional circumstances" one you provided.

Edited January 9, 2018 by geowrian

[geowrian 22,337]

4 minutes ago, skyzee said:

I do feel like it is an Easter egg though. If you do a search on VJ, most, if not all threads indicate that DCF is not possible in Canada, which is untrue and misleading without the full picture of allowance of exceptional circumstances.

There's exceptions to pretty much every rule. It's not that it's misleading...just that we all would have our fingers fall off if we stated every exception for every possible circumstance (and just pointing somebody to the INA, FAM, or AFM does little to actually help somebody understand what's important/relevant). The OP is assumed to have researched their process already and disclosed relevant information, and if that information falls into an exception, noting it is good.

Nothing's specific to Canada with this process.

 

4 minutes ago, skyzee said:

If it does indeed work, you could theoretically just get any job in the US and file for DCF that way since it would fall in that job clause. At least it's worth a try anyways.

Assuming it is even successful, this only works until people do this regularly and then either backlog the embassy's USCIS office and increase the wait times for everybody. This is why I'm skeptical on the success of just finding a job and using that as a basis for DCF...I promise you that you haven't discovered anything new or that professionals haven't already attempted.

[acidrain 325]

I spent a lot of time just as geowrian reading the various scenarios. Is it possible to get DCF in Canada? Yes. But the situation would have to be exceptional. If you look on the consulate page for Montreal the question is asked: does this consulate offer DCF and they answer no. There was one situation where the USC was dying of cancer and the spouse wanted to reunited. It took 4 months from start to finish to get approved.

 

I read about a K1 case where the USC spouse had a job offer and a planned wedding. After the interview the file was put in AP because of lack of domicile. This woman contacted 2 political offices who campaigned on her behalf to Montreal. Despite all their efforts it still took over 3 months and living in a hotel to get the new domicile docs reviewed. Montreal responded several times saying they were aware of her situation but she had to wait it out like everyone else. I believe she had a step child immigrating too. She had to cancel her wedding and push back the start date to her new job.

 

Anything is possible (sometimes people feel generous on a particular day) and maybe you will have better luck than the others who tried before you. Keep us posted on your journey. 

Edited January 9, 2018 by acidrain

[PoodleLove 12]

Wow. My husband was supposed to come back to finish school in Canada (we have been studying together here, married 5 years) but got a job offer after a summer internship and took it. We filed for a K3 (I know now it's obsolete) within 2 months - the quickest we could turn around to collect money for the application. It's been 6 months of waiting. He was supposed to come back in August, but stayed for the job. I did not sign up to be 1 year+ apart and my life is on hold. It's been SO hard.

I wonder if we can try the DCF route even if our application has been sitting in Potomac since August.

Edited January 10, 2018 by PoodleLove

[Ontarkie 14,223]

~~Quoting members from other threads to import them into a topic that is not related is a TOS Violation. DO Not do this again. Post removed.~~

[Lemonslice 4,841]

5 hours ago, skyzee said:

If it does indeed work, you could theoretically just get any job in the US and file for DCF that way since it would fall in that job clause. At least it's worth a try anyways.

If not, you are risking a longer wait though.  Up to each family to see if that risk is worth it.  

[geowrian 22,337]

2 hours ago, PoodleLove said:

I wonder if we can try the DCF route even if our application has been sitting in Potomac since August.

You are free to try, although as I stated above, I'm skeptical of success based on the last criteria item here.

You would need to file a new I-130 and pay the fee again anyway.

 

1 hour ago, Lemonslice said:

If not, you are risking a longer wait though.  Up to each family to see if that risk is worth it.  

True...the time spent to file, determine eligibility for DCF due to exceptional circumstances, then to transfer it to the US if denied would probably add an extra month or 2.

[skyzee 182]

The intent of starting this thread was to make it aware to other Canucks that it is even an option to explore, rather than just being told no, don't even bother trying, which was the message that I got when doing my research before filing anything. Maybe the Canadian Consulate ends up being the special cookie that denies DCF applications no matter what even if they clearly fall under the guidelines of exceptional circumstances, but at least it's another avenue worth pursuing since couples from other DCF exempt countries have successfully filed using the last provision. I doubt the approval is going to take a month to two since when others have done it in other DCF exempt countries, they hear back within a couple weeks tops. At that point it's yes you can file the I-130 in Mexico, or no you can't.

 

Anyways, guess I'll be finding out soon.

[acidrain 325]

@skyzeeThank you for bringing this information forward. I wish DCF was a common option like it is for countries such as Mexico. Keep in mind the Montreal consulate is painfully slow to respond. More resources are needed for US immigration services in Canada. I could ramble how impractical the process is for a country that shares everything with their neighbor. But I will save the rant for another thread.

Good luck with your expedite.

[geowrian 22,337]

11 minutes ago, skyzee said:

I doubt the approval is going to take a month to two since when others have done it in other DCF exempt countries, they hear back within a couple weeks tops.

I'm unsure on how long it typically takes for the consulate takes to evaluate this type of case (as they are rare/exceptional by definition). The process for doing this is different than a normal DCF process. In a typical DCF workflow, they decide to accept the directly filed I-130 or not and process it there in accordance with current USCIS and DOS policies. In the exceptional circumstances process, they need to obtain approval to adjudicate the I-130 from USCIS first, upon review of the evidence presented to them. The embassy cannot make the decision...only request permission from USCIS. I don't know how long that extra step takes, but I would never expect USCIS to work too quickly.

The month or two guesstimate includes the time to get it, request approval to adjudicate it from USCIS, USCIS to evaluate the request, then for the embassy to transfer it to the US if denied.

[skyzee 182]

Both times I've e-mailed the Montreal consulate, they've responded within 5 business days. True, a review may take longer, but I'll find out and report timelines of course for others' reference. What I'm upset about is that I didn't even know this updated memo existed since the http://travel.state.gov site itself talking about DCF links to an old 2011 memo which does not have the job clause, and which is the one I had initially read. Truthfully, I expect to be denied given my current circumstances of attempting it way after the fact, and also that I've already filed an I-130, but I'm at my wits end with inefficient and clearly broken processes. Had I been presented this option 6 months ago when the last clause was the exact situation we found ourselves in, there'd have been no reason to deny the request to file DCF.

 

I know you've been worse for wear, and frankly, even with just 5 months of it under my belt, I feel like I'm losing my mind completely with the wait.  Hope you get your interview date soon!

 

[skyzee 182]

Just now, geowrian said:

I'm unsure on how long it typically takes for the consulate takes to evaluate this type of case (as they are rare/exceptional by definition). The process for doing this is different than a normal DCF process. In a typical DCF workflow, they decide to accept the directly filed I-130 or not and process it there in accordance with current USCIS and DOS policies. In the exceptional circumstances process, they need to obtain approval to adjudicate the I-130 from USCIS first, upon review of the evidence presented to them. The embassy cannot make the decision...only request permission from USCIS. I don't know how long that extra step takes, but I would never expect USCIS to work too quickly.

The month or two guesstimate includes the time to get it, request approval to adjudicate it from USCIS, USCIS to evaluate the request, then for the embassy to transfer it to the US if denied.

Perhaps. I've read other accounts of people who have successfully gotten the DCF exemption through their consulate and gotten the I-130 approved in a month, but I'm sure that it can vary across the consulates. Unfortunately, I was unable to find any other accounts of any other Canadians who have tried through this specific job clause. If nothing else, this provides a glimmer of hope for me in a very depressing time, and admittedly, even more bitterness knowing that there was a way to have tried for DCF at the time.

[acidrain 325]

@skyzeeTo normalize what you are feeling I have gone through a lot of would've, should've, could've scenarios. The one thing most of us share in common is the experience of having to go through such a painful process. It doesn't help when everyone around you asks why the process is so complicated. We have the largest open border in the entire world but yet when it comes to immigration, it takes 12-14 months to get a green card.

 

I have gone out of my mind at points trust me. Once I hit 9 months of waiting in Nebraska for my i130 I thought I was going to lose it. The process drags on and on and on. I am so glad I found this website because until a person goes through it you can't begin to understand. It feels inhumane the way this process breaks up couples and in our case families with small children. It really tests everything about yourself and your marriage.

 

I get the sense Montreal does not have adequate resources to deal with the volume of requests. It's frustrating there is no phone number or direct way to get a in touch with anyone. I can't imagine if I was in dire straights trying to get a resolution. You can always consider an expedite request with USCIS for the i130. NVC only took 3 weeks and booking an interview is up to Montreal anyway.

Edited January 10, 2018 by acidrain

[PoodleLove 12]

I have emailed Montreal twice (not about DCFs) and they always took about 48 hours to email back. They do not seem to read emails very well so it seems like 1 question at a time is what works...

 

I am just saying that to also give an additional perspective on how timely they answer to emails.