Beginning K-1 Process while residing outside the US

[millefleur 5,047]

2 minutes ago, TandSarahJane said:

if u think about it,  it could be that way to prevent people from trying to cut the line by going TDY

This makes no sense. People who file DCF have to have official residency in he country they file in, and that usually requires its own set of red tape/headaches for the petitioner as getting a residence permit in a foreign country isn't exactly easy. It has nothing to do with "cutting the line".

 

[Crazy Cat 41,985]

11 minutes ago, TandSarahJane said:

if u think about it,  it could be that way to prevent people from trying to cut the line by going TDY

But Owning property would be a very good indication of intent for domicile in the US.......it doesn't make sense that it would be a disqualifier.....at least in my mind.....I have been unable, so far, to find that it disqualifies DCF.

[TandSarahJane 178]

Just now, missileman said:

But Owning property would be a very good indication of intent for domicile in the US.......it doesn't make sense that it would be a disqualifier.....at least in my mind.....I have been unable, so far, to find that it disqualifies DCF.

I should clarify -- DCF itself is still possible, but the compressed timeline associated with DCF processing wouldnt be because they would just forward it to Chicago. 

[Crazy Cat 41,985]

4 minutes ago, TandSarahJane said:

I should clarify -- DCF itself is still possible, but the compressed timeline associated with DCF processing wouldnt be because they would just forward it to Chicago. 

Can you post the link?  I can't find it anywhere....Thanks.

[TandSarahJane 178]

9 minutes ago, missileman said:

Can you post the link?  I can't find it anywhere....Thanks.

im looking for it.. i think it was in the adjudication manual but i dont recall if it was State Dept or USCIS.... 😖

[millefleur 5,047]

17 minutes ago, TandSarahJane said:

I should clarify -- DCF itself is still possible, but the compressed timeline associated with DCF processing wouldnt be because they would just forward it to Chicago. 

That doesn't make any sense. If the petitioner can prove that they fulfill the local residency requirements for the country they live in where the DCF USCIS field office is, they can file the I-130. After they file the I-130 and it is approved, the petitioner can leave that country and return to the US and finish up the process from there if they would like. As long as all DCF requirements (listed on each USCIS field office abroad's homepage), then it will not get forwarded to the Chicago lockbox.

 

I've never heard of any DCF cases that were filed at the Embassy but then later forwarded to Chicago. Can you provide any links to cases where that has happened?

 

What makes more sense to me is that a person would contact the USCIS field office abroad and then they would just tell you "No, you can't file here, send it to the Chicago lockbox" if for some reasons the requirements (that are clearly listed on the USCIS field office websites) aren't met.

[millefleur 5,047]

3 minutes ago, TandSarahJane said:

im looking for it.. i think it was in the adjudication manual but i dont recall if it was State Dept or USCIS.... 😖

We are waiting. Without evidence of your claims it is just hearsay.

[TandSarahJane 178]

5 minutes ago, millefleur said:

We are waiting. Without evidence of your claims it is just hearsay.

Even when I do find it, its still hearsay

[EM_Vandaveer 2,408]

1 hour ago, TandSarahJane said:

From what I've read,  if u own property in the US then you can't file DCF. 

 

U can file your K1 while abroad but u still file it at the lockbox in TX and use your US address.

Why spread blatant misinformation?

[TandSarahJane 178]

29 minutes ago, millefleur said:

We are waiting. Without evidence of your claims it is just hearsay.

Starting with PM-602-0043.1....

 

Germany has a USCIS presence so u can either file to the Lockbox or to the Germany office, unless you qualify as active duty military or extreme situations in which case u file directly to the state department (DCF) and cut out a lot of time.  The circumstances for extreme situations are described in the PM.

 

There is a difference between filing at overseas USCIS offices and directly to the state department, the latter of which is DCF. I think people mistakenly use these terms interchangeably, but they are as different as the State Dept is to DHS. In Germany you can do either, but the DCF option requires some extra documentation. 

 

The comment about US property ownership maybe from a legal paper, i cant find the document readily but essentially the point was made that u wouldnt be able to make a claim for extreme situation to gain DCF because you already own property  and have domicile where u would relocate to.  You can still file at the USCIS office in Germany, but ahain that is not the same thing as DCF. 

 

Does that make sense?

[USC4SPOUSE 506]

56 minutes ago, TandSarahJane said:

I should clarify -- DCF itself is still possible, but the compressed timeline associated with DCF processing wouldnt be because they would just forward it to Chicago. 

I think there might be a gap in communication here. @Millefleur recommended to file with the USCIS International Office in Frankfurt, Germany. That is not DCF. You are filing with USCIS and not directly with the US Embassy (US Department of State).

 

In a nutshell, the DCF route entails that the petitioner:

1. resides in a country without a USCIS International Office 

2. has exceptional circumstances that merit filing with the US Embassy

3. explains their exceptional circumstances to the US Embassy, which then presents that information to USCIS. At that point, USCIS either approves the request or declines it. If declined, then the petitioner must file their petition with the Chicago Lockbox. 

 

But ALL OF THAT is not needed because OP resides in a country that has a USCIS International Office. 

 

See for yourself here https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/petition/submit-a-petition/filing-petitions-outside-the-us.html I also posted key info from that page below.

 

Countries with USCIS Offices

Certain petitions may be filed at U.S. Citizenship and Immigration Services (USCIS) offices abroad, but these locations are limited in number. Review the list of International Offices on the USCIS website to determine if a USCIS office is located in the country where you reside.

If you reside in a country with a USCIS public office, you may either file Form I-130, Petition for Alien Relative, with that office or with the USCIS Chicago Lockbox at one of the addresses below. See USCIS Centralizes Filing of Form I-130.

 

Countries without USCIS Offices

I-130 Petitions

Petitioners residing outside the United States are no longer able to routinely file Forms I-130, Petition for Alien Relative, with U.S. Embassies and Consulates. Petitioners residing overseas in countries where USCIS does not have a public counter presence are required to file their Forms I-130 by mail with the USCIS Chicago Lockbox. U.S. embassies and consulates can only accept and process Forms I-130 in exceptional circumstances, as explained below.

 

Filing Form I-130 Petitions in Exceptional Situations

U.S. Embassies and Consulates may only accept I-130 petition filings from petitioners who believe they have exceptional situations that would merit an exception from filing by mail to the USCIS Chicago Lockbox.

Petitioners who believe that their situation merits an exception may contact the nearest U.S. Embassy or Consulate to request an exception and explain their circumstances in detail. Each request for an exception will be evaluated individually and must be authorized by the USCIS office that is responsible for that specific U.S. embassy or consulate.

USCIS published guidance on circumstances that may qualify as exceptional.

If your request to file an I-130 petition with a U.S. Embassy or Consulate is not authorized by USCIS, then you must file the petition with the USCIS Chicago Lockbox.

[millefleur 5,047]

7 minutes ago, USC4SPOUSE said:

I think there might be a gap in communication here. @Millefleur recommended to file with the USCIS International Office in Frankfurt, Germany. That is not DCF. You are filing with USCIS and not directly with the US Embassy (US Department of State).

What did I say incorrectly? DCF is filing at the USCIS field office abroad when all conditions/requirements to do so are met. I never said that DCF is filing at the Embassy or US Dept of State.

Edited January 31, 2019 by millefleur

[USC4SPOUSE 506]

2 minutes ago, millefleur said:

What did I say incorrectly? DCF is filing at the USCIS field office abroad when all conditions/requirements to do so are met. I never said that DCF is filing at the Embassy or US Dept of State.

First things first. I am not attacking you. There is a gap in communication. DCF is in fact filing your I-130 with the Embassy. If you file with the USCIS International Office, you are filing with USCIS. That is not the same as DCF. 

 

DCF entails that the petitioner:

1. resides in a country without a USCIS International Office 

2. has exceptional circumstances that merit filing with the US Embassy

3. explains their exceptional circumstances to the US Embassy, which then presents that information to USCIS. At that point, USCIS either approves the request or declines it. If declined, then the petitioner must file their petition with the Chicago Lockbox. 

 

But ALL OF THAT is not needed because OP resides in a country that has a USCIS International Office.

[Crazy Cat 41,985]

2 minutes ago, USC4SPOUSE said:

DCF is in fact filing your I-130 with the Embassy. If you file with the USCIS International Office, you are filing with USCIS. That is not the same as DCF. 

I thought DCF was available only at embassies/consulates which have USCIS offices.......

[millefleur 5,047]

25 minutes ago, TandSarahJane said:

There is a difference between filing at overseas USCIS offices and directly to the state department, the latter of which is DCF. I think people mistakenly use these terms interchangeably, but they are as different as the State Dept is to DHS. In Germany you can do either, but the DCF option requires some extra documentation.

The only place on the official Frankfurt field office website where it mentions the Department of State is for military service members:
 

Quote

Active duty U.S. Military: Active duty U.S. military service members stationed permanently at a military base in USCIS Frankfurt's jurisdiction, but outside of Germany, may file this form directly with the Department of State without needing to establish exceptional circumstances.

The OP did not mention being a military service member, therefore OP would file at the USCIS Frankfurt field office via mail (as Frankfurt requires mail filing). The actual mailing address is USCIS, not the Department of State. See here for yourself on the official checklist from Frankfurt:

 

https://www.uscis.gov/sites/default/files/USCIS/Refugee%2C Asylum%2C and Int'l Ops/IO/I-130_Petition_Checklist.pdf

 

It specifically says that military members file to the Department of State and everyone else files to USCIS Frankfurt. I am going to tag @Penguin_ie as she is also familiar with DCF and this thread has become way more confused than even necessary when all the information is right there on the Frankfurt website.