Beginning K-1 Process while residing outside the US

[TandSarahJane 178]

This thread started about K1 and got moved to the DCF topic... i dont know how we all got so confused!

 

Deep breath, laugh.

[USC4SPOUSE 506]

4 minutes ago, millefleur said:

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

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.

The gap in communication stems from the following. You stated multiple that filing with the USCIS international office is Direct Consular Filing. That is not accurate. You are using both terms interchangeably and they are not. And it snowballed from there. 

[NikLR 13,229]

6 minutes ago, USC4SPOUSE said:

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.

Actually DCF means that you are filing directly with the USCIS office in the country you are residing as the petitioner.  There is also exceptional circumstances DCF where the I-130 is sent to a USCIS office that is outside the country of the petitioner but not to the lockbox in the USA.  For instance Canada does not have a USCIS office.  To file for exceptional circumstances DCF you send the I-130 to the USCIS office in Mexico.  The office in Mexico would make the decision on if the petitioner residing in Canada actually qualifies for DCF.

The OP would do DCF and file directly with the USCIS office in Frankfurt at the US embassy.  This is DCF in its traditional sense. 

[USC4SPOUSE 506]

5 minutes ago, NikLR said:

Actually DCF means that you are filing directly with the USCIS office in the country you are residing as the petitioner.  There is also exceptional circumstances DCF where the I-130 is sent to a USCIS office that is outside the country of the petitioner but not to the lockbox in the USA.  For instance Canada does not have a USCIS office.  To file for exceptional circumstances DCF you send the I-130 to the USCIS office in Mexico.  The office in Mexico would make the decision on if the petitioner residing in Canada actually qualifies for DCF.

The OP would do DCF and file directly with the USCIS office in Frankfurt at the US embassy.  This is DCF in its traditional sense. 

That is inaccurate. Even if the USCIS International Office is physically attached to the US Embassy, the fact remains that they are two different and separate agencies. 

 

This memo explains it nicely. https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/August/Locally-Filed_I-130s_Interim_PM_Approved_for_Pubic_Comment_8-8-11.pdf

[Crazy Cat 41,985]

1 minute ago, USC4SPOUSE said:

That is inaccurate. Even if the USCIS International Office is physically attached to the US Embassy, the fact remains that they are two different and separate agencies. 

 

This memo explains it nicely. https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/August/Locally-Filed_I-130s_Interim_PM_Approved_for_Pubic_Comment_8-8-11.pdf

Are you saying that a couple can file DCF at any embassy/consulate?

[USC4SPOUSE 506]

1 minute ago, missileman said:

Are you saying that a couple can file DCF at any embassy/consulate?

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.

[Just Paul 4,595]

1 minute ago, missileman said:

Are you saying that a couple can file DCF at any embassy/consulate?

As long as there are exceptional circumstances you can file anywhere.

[Penguin_ie 5,995]

My DCF was 11 years ago, and we both lived together in the same country... I have  no idea on this case, sorry.

[Crazy Cat 41,985]

5 minutes ago, Paul & Mary said:

As long as there are exceptional circumstances you can file anywhere.

and just who approves the petition?

Edited January 31, 2019 by missileman

[USC4SPOUSE 506]

1 minute ago, missileman said:

and just who approves the filing?

This memo explains it nicely. https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/August/Locally-Filed_I-130s_Interim_PM_Approved_for_Pubic_Comment_8-8-11.pdf

[millefleur 5,047]

Just now, USC4SPOUSE said:

This memo explains it nicely. https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/August/Locally-Filed_I-130s_Interim_PM_Approved_for_Pubic_Comment_8-8-11.pdf

As per the document: "Based on recent discussions with DOS, USCIS has determined that it is more cost-effective for USCIS to adjudicate all I-130s with certain limited exceptions.  As of August 15, 2011, the instructions for the Form I-130 will require a petitioner who resides overseas to file by mail with a USCIS domestic lockbox unless the petitioner lives in a country where USCIS has an overseas field office and prefers to file with the USCIS international office.  In certain situations, circumstances may warrant expedited local processing of an I-130 by DOS at an embassy or consulate where USCIS does not have a presence."

 

The key phrase is "lives in a country where USCIS has an overseas field office." The document mentions exceptions for certain circumstances where processing will be done at a Embassy or Consulate but that is not the "traditional" DCF way, it for exceptional circumstances and you have to provide a very good reason to be approved for that. The OP has proof of residence in Germany so it would be a case of traditional DCF via USCIS, not an exceptional circumstance via DOS at the Embassy or Consulate. So yes, there are 2 different DCF options, the traditional one via USCIS and the "exceptional circumstances" option via DOS-Embassy/Consulate. I suppose this is what you were trying to say.

 

[USC4SPOUSE 506]

32 minutes ago, TandSarahJane said:

This thread started about K1 and got moved to the DCF topic... i dont know how we all got so confused!

 

Deep breath, laugh.

Maybe VJ ought to create a separate section for Filing with USCIS International Offices. That may be partly why folks equate DCF to Filing with a USCIS International Office. 

 

[millefleur 5,047]

7 minutes ago, USC4SPOUSE said:

Maybe VJ ought to create a separate section for Filing with USCIS International Offices. That may be partly why folks equate DCF to Filing with a USCIS International Office.

What makes you think that filing via a USCIS field office abroad is not DCF?

 

As per VJ subforum description: "Direct Consular Filing: Discussion on an expedited IR1 / CR1 Visa processing procedure if both the US Citizen and their non US Citizen spouse are living overseas (residence)."

Edited January 31, 2019 by millefleur

[USC4SPOUSE 506]

5 minutes ago, millefleur said:

As per the document: "Based on recent discussions with DOS, USCIS has determined that it is more cost-effective for USCIS to adjudicate all I-130s with certain limited exceptions.  As of August 15, 2011, the instructions for the Form I-130 will require a petitioner who resides overseas to file by mail with a USCIS domestic lockbox unless the petitioner lives in a country where USCIS has an overseas field office and prefers to file with the USCIS international office.  In certain situations, circumstances may warrant expedited local processing of an I-130 by DOS at an embassy or consulate where USCIS does not have a presence."

 

The key phrase is "lives in a country where USCIS has an overseas field office." The document mentions exceptions for certain circumstances where processing will be done at a Embassy or Consulate but that is not the "traditional" DCF way, it for exceptional circumstances and you have to provide a very good reason to be approved for that. The OP has proof of residence in Germany so it would be a case of traditional DCF via USCIS, not an exceptional circumstance via DOS at the Embassy or Consulate. So yes, there are 2 different DCF options, the traditional one via USCIS and the "exceptional circumstances" option via DOS-Embassy/Consulate. I suppose this is what you were trying to say.

 

There are no 2 different DCF options. You made those up. I was NOT trying to say what YOU are saying. I read the document and fully understand it.

If you file with the USCIS International Office, that is not DCF, because USCIS adjudicates your I-130. Like I said earlier, even if the USCIS Office is physically attached to the US Embassy, you are still filing with USCIS and not the department of state. Even if USCIS walks the approved I-130 petition down the hall to the US Embassy, that is not DCF. You are equating Filing with a USCIS International Office to Direct Consular Filing. That is inaccurate. And that is the source of the communication gap on this thread.

 

[millefleur 5,047]

1 minute ago, USC4SPOUSE said:

There are no 2 different DCF options.

From the official Wiki here on VisaJourney, https://www.visajourney.com/wiki/index.php?title=DCF:

 

Quote

 

Direct Consular Filing (DCF) is the colloquial term for filing an Immediate Relative (spouse, child, parent) petition I-130 overseas, rather than through the US Service Center. The goal is Permanent Resident status, also know as a Green Card. Residents holding this card have permission to live, work and travel in the US. Many K Visa holders get this status after completing their AOS/Adjustment of Status.

 

If the US Citizen lives overseas, they may always file the I-130 for a foreign spouse, child or parent at the US Consulate OR the USCIS Field Office serving their residence abroad. An I-130 filed abroad is adjudicated (decided) in a very short time, certainly faster than a US Service Center. Upon approval, the foreign spouse applies for an Immigrant Visa (class CR-1 or IR-1). In some countries, the USC may file the I-130 at the Consulate, even if they are not resident abroad. This is the most common use of the DCF term.

 

The phrases "or" and "most common use of the term" indicate that DCF entails more than one definition.