DCF without meeting residency reqs

[manthesan 0]

Hi,

    What are the cases where a non-resident US Citizen overseas may be able use the DCF procedure without meeting the residency requirements. 

Thanks

[geowrian 22,337]

Page 2:

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

[geowrian 22,337]

For clarity...

DCF requirements vary from embassy to embassy. You would need to contact the embassy directly to see if they would accept your petition locally. Some just need a residency card (i.e. London) whereas most tend to require at least 6 months of physical presence.

The memo referenced above is for filing DCF under the "exceptional circumstances" clause, where the embassy can accept the I-130 and request that USCIS allow it to be adjudicated it abroad. If so, it's just like the DCF process. If not, it must go to the US for adjudication. This is not an exception for any sort of residency requirement, but an exception for accepting the I-130 at an embassy that does not house a USCIS field office.

 

The list of embassies/consulates with a USCIS field office is here: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[Jorge V 195]

As @geowrian mentioned, the requirements vary from embassy to embassy, so the best thing you can do is call.

 

I was able to do DCF in Mexico without meeting the official requirements. I had been living in Mexico for a few years but never bothered getting my residency, so I was living there on a tourist visa. I called the embassy and they said they were willing to review my case even without my residency. I submitted the following evidence in lieu of my resident card:

• Two rental leases covering the last 1.5 years
• Last three US tax returns showing a Mexico address and claiming the foreign earned income exclusion. (I worked remotely for a US company and this basically showed that the IRS had already established my tax home as Mexico).
• Checking account history showing regular ATM withdrawals in Mexico
• A notarized letter from the CEO of my company stating that he was aware of my residence in Mexico and even had to ship supplies to and buy travel accommodations from Mexico for me.