DCF with exceptional circumstances

[SalishSea 17,801]

5 minutes ago, AmeriCanadian91 said:

If it's strictly regarding domicile, that shouldn't be an issue. I'm planning on signing a lease for a place in California this week (since I'll be starting work so soon), so I can use that as proof for establishing residency. I also have family living in California, and of course my job offer.

 

The Montreal Consulate responded to my initial email requesting DCF, asking for some basic info and an explanation of why I should be approved, but haven't asked for anything else. I just attached my job offer and marriage certificate, but am now wondering if I should send my Canadian residency card and/or my home rental lease as well? I responded to their questions a couple days ago and am now just waiting to hear back...

Montreal is notoriously strict when it comes to domicile.   As in, I’m not sure how easy it is to establish while still living in Canada.   A Canadian residency card and rental lease are not going to help to establish US domicile.

[AmeriCanadian91 3]

8 minutes ago, Bullitt said:

When I went though the DCF process, it was not really up to the State Dept; they had to ask USCIS for permission to process an application via DCF.  In my case, once I got to the right section at the embassy, they asked USCIS and got the OK to proceed the same day.  This won't be an option for you if USCIS has a presence in Canada (I know there is some customs presence in Vancouver, so this might be an issue for you); DCF is only available where USCIS has no office that serves the jurisdiction that you live in.

 

This thread, and the other one that pyridine did had all the information that I used to get though the process.  I'm glad it is still helping people.

 

B

I heard that the recent policy update (I believe in January 2020?) made it so that the DOS has the discretion and no longer needs to ask USCIS for permission. I may have misinterpreted that though, as I have only recently started researching this whole process. I've also looked into USCIS field offices in Canada and don't see that there are any (if that's what you're referring to).

 

I'm really stressing over this process because if I have to separate from my husband for roughly a year, it changes/complicates so many things! (For one, he'll have to move back to Australia to stay with his parents since we can't afford to pay for 2 homes, but they still have $3,000 quarantine hotels for all travelers). In any case, I'm just glad that this process exists to give us a CHANCE at being together the whole time. When did you go through all this?

[AmeriCanadian91 3]

Just now, Jorgedig said:

Montreal is notoriously strict when it comes to domicile.   As in, I’m not sure how easy it is to establish while still living in Canada.   A Canadian residency card and rental lease are not going to help to establish US domicile.

I plan on moving in roughly 3-4 weeks, and from what I've read here, it seems this process takes roughly 1-2 months, so I'll already be living there. If we have to be apart for a month, that's no problem at all, it's the year-long process that would be too big of a burden on us. Also, I was just reading a few people's comments on their embassy requiring proof of residency abroad to establish eligibility for DCF, which is why I mentioned that. I know that wouldn't help with the US residency bit.

[Bullitt 3]

10 minutes ago, AmeriCanadian91 said:

I heard that the recent policy update (I believe in January 2020?) made it so that the DOS has the discretion and no longer needs to ask USCIS for permission. I may have misinterpreted that though, as I have only recently started researching this whole process. I've also looked into USCIS field offices in Canada and don't see that there are any (if that's what you're referring to).

 

I'm really stressing over this process because if I have to separate from my husband for roughly a year, it changes/complicates so many things! (For one, he'll have to move back to Australia to stay with his parents since we can't afford to pay for 2 homes, but they still have $3,000 quarantine hotels for all travelers). In any case, I'm just glad that this process exists to give us a CHANCE at being together the whole time. When did you go through all this?

I did it in May 2019, so my information may be out of date.    I did a quick Google search and found this, which seems to confirm what you wrote above:

 

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20200131-I-130FiledAbroad.pdf

 

and

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

While the back office procedure looks a bit different, my guess (and it's just a guess) is that it is not going to make much of a difference in practice.  The test for what constitutes an exceptional circumstance remains basically the same, and in practice the DOS was making this call as well before (I think they would satisfy themselves that exceptional circumstances existed before asking USCIS if they could proceed under the old system as well).  At the end of the day, it was always discretionary, and I'm not sure you could compel the DOS to see things your way.  That said, my experience was that the DOS was happy to assist (but maybe I just got lucky).

 

I remember how stressful this was; for us, we would not have taken the job if we could not make exceptional circumstances route work.  In terms of timing, I would start collecting documents now (especially the criminal background checks)...I think 2 months is about the absolute fastest you can get it done; I would count on closer to 3 months.

 

B

 

[AmeriCanadian91 3]

3 minutes ago, Bullitt said:

I did it in May 2019, so my information may be out of date.    I did a quick Google search and found this, which seems to confirm what you wrote above:

 

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20200131-I-130FiledAbroad.pdf

 

and

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

While the back office procedure looks a bit different, my guess (and it's just a guess) is that it is not going to make much of a difference in practice.  The test for what constitutes an exceptional circumstance remains basically the same, and in practice the DOS was making this call as well before (I think they would satisfy themselves that exceptional circumstances existed before asking USCIS if they could proceed under the old system as well).  At the end of the day, it was always discretionary, and I'm not sure you could compel the DOS to see things your way.  That said, my experience was that the DOS was happy to assist (but maybe I just got lucky).

 

I remember how stressful this was; for us, we would not have taken the job if we could not make exceptional circumstances route work.  In terms of timing, I would start collecting documents now (especially the criminal background checks)...I think 2 months is about the absolute fastest you can get it done; I would count on closer to 3 months.

 

B

 

It's a bit silly how fickle these decisions can be, but I'm hoping that they go by the book and approve me for the DCF process. 

 

My husband went through the process of applying for a work permit in Canada this past May, so he has copies of police checks from the UK (where his citizenship is from) and Australia (where he was a PR). However, he's been living in Canada for about 9 months, so we'll need to get one from here as well. Thanks for the reminder!

[Lemonslice 4,831]

8 hours ago, Jorgedig said:

I really have no idea.   I know Montreal is said to be quite strict about domicile.

 

I have never heard that any consulate is “obligated” to accept a DCF petition now that the USCIS international offices are closed.

 

Maybe some Canadians can help with this one…..   @Lemonslice, @Ontarkie,.
 

You may want to create your own entirely new thread about the topic.

If you do a search, you can find more information about DCF in Canada; something to do with Mexico these days?  DCF is certainly not the fast and easy option it used to be.  Prepare for the worst, hope for the best.  Good luck. 

 

Starting point: 

 

Edited August 8, 2021 by Lemonslice

[Chancy 6,241]

13 hours ago, AmeriCanadian91 said:

I'm hoping that they go by the book and approve me for the DCF process. 

 

Well, the "books" state that the consulate has discretion whether to accept or not.

 

From the USCIS policy manual -- https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

"If a consular officer in a U.S. embassy or consulate encounters an individual case that the officer believes has need of immediate processing of a Form I-130, the consular officer may, but is not required to, accept the local filing in exceptional circumstances [...]"

 

From the Department of State foreign affairs manual -- https://fam.state.gov/fam/09FAM/09FAM050402.html

"Adjudicating Exceptional Circumstance I-130 Cases:

(1) If a consular section encounters a case they believe meets the exceptional circumstance criteria outlined below, then the Consular Chief or another designated consular officer may exercise discretion to accept and adjudicate the filing."

 

Edited August 8, 2021 by Chancy
formatting

[Bullitt 3]

22 hours ago, AmeriCanadian91 said:

My husband went through the process of applying for a work permit in Canada this past May, so he has copies of police checks from the UK (where his citizenship is from) and Australia (where he was a PR). However, he's been living in Canada for about 9 months, so we'll need to get one from here as well. Thanks for the reminder!

 

There is a time limit on how old the police checks can be...I can't recall if it was 3 or 6 months old before you had to re-do them.  Best of luck!

 

B

[AmeriCanadian91 3]

1 hour ago, Bullitt said:

 

There is a time limit on how old the police checks can be...I can't recall if it was 3 or 6 months old before you had to re-do them.  Best of luck!

 

B

This says police checks expire after 2 years, and everywhere else I've looked says 12 months. Additionally, some things say that the expiration doesn't apply if you've not returned to that country since you got the police check done.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents/step-7-collect-civil-documents.html

[AmeriCanadian91 3]

How long should it take for the Montreal Consulate to respond to a DCF request?
 

I first emailed the consulate regarding DCF request on June 26, 2021 and received a response within 3 days asking for more information. At this point, I was just in the interview stage of my job application, but I was confident I’d get the job offer and wanted to be proactive about applying for my spouse’s visa, and I also knew the start date would be soon after I got the offer. In their email, they requested proof of my exceptional circumstances, so I had to wait to get my job offer (July 5) to respond, but I was only able to provide my conditional job offer (didn’t show start date…I asked the employer to add this but they couldn’t). I said I’d provide the official one once my background check and medical were completed. That took a few weeks, since I had to go to the US to complete my medical, but I finally received an official job offer on August 5. During this time, I had not received any response to my email with the conditional offer. I figured they were just waiting until I sent the official offer, but now I have and it’s been 2 weeks, yet I’ve not received any correspondence since that first email on June 29.

 

I’m wondering if they might have written me off because I sent the conditional offer first or because it took me a while to get that info to them, so now they’re overlooking my emails? Or perhaps the initial approval process takes a while (though I’ve read that it just takes 1-2 weeks)? Would they have confirmed receipt and said that they will begin reviewing my request, or do they not get back to you until the review is done? Btw, I get an automated reply after each email, so I know it’s been received, I just don’t know if it’s been looked at.
 

I’m getting nervous because my start date is September 13 and I’m moving in 2 weeks. My spouse has no reason to stay in Canada, other than to complete the immigration process, but we don’t even know if he’ll be approved for that, so he’s kind of in limbo until we hear back. If he moves back home (Australia) will he still be able to complete the DCF, or will he become ineligible after leaving Canada? We plan on having him help me move to the US and stay there for a few weeks, but figured he’ll need to buy a plane ticket to Australia so that it’s apparent he’s not trying to live in the US in the meantime.

 

Sorry for all the questions at once, but generally I’m wondering what I should be doing right now, seeing as I’m moving soon and have not heard back from the consulate.

[nineohtwo 8]

Hi everyone!

 

I wanted to know if anyone has experience specifically with DCF for exceptional circumstances (job offer) in Italy. I e-mailed the embassy on August 6th and it's been radio silence. They are incredibly difficult to get a hold of and I am losing hope. 

[LM & J 0]

I  would still consider myself a newbie on this forum, as my husband and I just began the IR-1/CR-1 process on April 11, 2022.

 

I seem to have read that Medical emergency may be a qualifier for exceptional circumstances and so we remitted my husband's I-130 to USCIS April 11, 2022. It was originally assigned to Nebraska and then after I completed an email in USCIS for expediate request, they moved out case to Potomac whom was horrible in responses. After a few months now, they finally approved the expediate request then they had 2 RCF's - one of which was for medical proof from my doctor about my brain tumor and recent emergency eye surgery for detaching retina.

 

I am wondering if I should request my case through DCF in India since that is where my husband is.

 

Any suggestions or information on the DCF process would be most helpful and I would be very grateful since I really would prefer my husband be with me as I go through unknown medical appointments and discussion of surgery to remove the brain tumor on my brain stem, which another brain surgeon indicated would affect my vision and muscles.

[Morena_1 0]

Hi @pyridineI know this is an old thread but I’m in a very similar situation as you and also living in Copenhagen so would be filing through Stockholm for my spouse as well. I’m also a U.S citizen, my spouse is Danish, and we are planning on relocating to the U.S due to a recent job offer I received. We would also be planning on filing a DCR due to exceptional circumstances. Do you have any idea, by any chance, if the timelines are better or worse now than they were in 2018? And I can see you received some pretty bad advice from the lawyer assisting you - and as I have also been granted assistance from an immigration law company that the company I work for uses, I’m worried it might be the same company - was it Fragomen?

[Black Unicorn 22]

On 9/3/2022 at 5:49 PM, Morena_1 said:

Hi @pyridineI know this is an old thread but I’m in a very similar situation as you and also living in Copenhagen so would be filing through Stockholm for my spouse as well. I’m also a U.S citizen, my spouse is Danish, and we are planning on relocating to the U.S due to a recent job offer I received. We would also be planning on filing a DCR due to exceptional circumstances. Do you have any idea, by any chance, if the timelines are better or worse now than they were in 2018? And I can see you received some pretty bad advice from the lawyer assisting you - and as I have also been granted assistance from an immigration law company that the company I work for uses, I’m worried it might be the same company - was it Fragomen?

I highly recommend you reach out to the embassy and ask if they will accept your petition. Submit the job offer and any other evidence as attachments to the email when you do. We did this with the German embassy and got approved for DCF!

[DCF-EC 0]

On 10/21/2022 at 4:50 PM, Black Unicorn said:

I highly recommend you reach out to the embassy and ask if they will accept your petition. Submit the job offer and any other evidence as attachments to the email when you do. We did this with the German embassy and got approved for DCF!

@Black Unicorn any guide for the I-130 when applying via DCF with Exceptional Circumstances?  How does the domicile section work if the US petitioner is living in a foreign country, which is the purpose of needing DCF-EC...? Is the job offer the evidence? What did you specifically submit?

 

Also, how does the mailing address section work? Did you use the US citizen petitioners foreign address?  Seems contradictory to what's needed for approval. 

 

Thanks