Visiting and possible DCF Kyiv Ukraine [Edited title]

[tundra12nfl 5]

Hello,

I am new here and have done some research to find out if Kyiv will process the I-130/CR-1 via DCF. I have emailed the embassy, and this is the response. So forgive me if this is somewhere within the site. This was received yesterday June 19, 2019

 

Take note of they have listed on the link for exceptions. I have contacted a person within the embassy to ask if already living in Ukraine with my wife is an exception and was told yes.

 

Dear Robert,

Thank you for your inquiry.

You are welcome to start the immigration process on behalf of your spouse. Under exceptional circumstances you may ask for permission to file the I-130 at the U.S. Embassy, Kyiv providing your justification. If approved, the U.S. citizen petitioner needs to be present at the time of petition filing. Each request for an exception will be evaluated individually.

A petitioner seeking to file a Form I-130 at an Embassy or Consulate where USCIS does not have a presence should contact the Consular Section to request consideration of the request for exception and explain the circumstances in detail by sending an email to kyiviv@state.gov.  The Consular Section will then relay the request for an exception to the USCIS field office with jurisdiction over the Embassy or Consulate.  The determination of whether the case presents exceptional circumstances that warrant an exception to the general filing process will be made by USCIS.  USCIS has guidance on the circumstances that may qualify as exceptional on their website at: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-6254.html

 

Even if approved for filing, this process is going to take up to two months. Below are major steps in the process and approximate timing for their reference.

1. The U.S. citizen petitioner sends the request to file an I-130 petition with his justification to kyiviv@state.gov (The U.S. Embassy Kyiv)
2. The U.S. Embassy Kyiv forwards such request to USCIS Athens for review and decision. USCIS Athens normally replies within 3 business days.
3. The U.S. Embassy Kyiv communicates the decision to the petitioner by email. The following steps apply only if the USCIS approved local I-130 filing.
4. The U.S. Embassy Kyiv sends I-130 filing instructions to the petitioner (the same day we get response from USCIS Athens).
5. The petitioner needs to email kyiviv@state.gov with the request to schedule I-130 filing appointment when they have all the documents ready to file an I-130. The petitioner needs to be present in person. We normally grant requested appointment for the same date the petitioner is asking unless we are closed or have no appointments on that date.
6. On the date of I-130 appointment the officer reviews the case and, if intends to approve I-130 petition, sends Adam Walsh Check (AWA) for the Petitioner. At the moment these checks are returned within 7 business days. The officer will only be able to approve the petition when AWA check comes back negative.
7. When the officer approves the petition, we send the instructions on how to apply for the immigrant visa (Information Packet). The instructions contain the list of documents required for the immigrant visa and guidance on how to schedule the immigrant visa interview through the Call Center.
8. When you have collected all required documents, you may schedule the visa interview. Please note, that they will need to undergo medical examination prior to the interview. This examination cannot be waived or completed at a clinic different from the one we instruct you to use. If, in the course of medical examination pre-screening it is required to complete additional testing for TB (this is based on the doctor’s review of the X-ray results), such tests take 2 months to complete.
9. We are normally able to print the visa within 5 business days of the interview.

 

Please let us know if you need more information.

 

 

Sincerely,

 

Public Liaison Unit

Consular Section

U.S. Embassy

Kyiv, Ukraine

[payxibka 10,047]

Living in Ukraine is a basic requirement to be eligible to try and file but not an qualifying exceptional circumstance.   Good luck to you and I hope it is successful but don't be surprised if it doesn't 

[tundra12nfl 5]

Oh, I understand and thanks. It is just a requirement. I had read many topics as to saying Kiev does not offer DCF but in fact they do. 

That is why I contacted a person I know that has very good dealings with the embassy. I don't hold my breath for anything, especially dealing with government agencies. As being retired from the military, I know how things work. I have not made a timeline yet as we are collecting the documents. 

[payxibka 10,047]

2 minutes ago, tundra12nfl said:

Oh, I understand and thanks. It is just a requirement. I had read many topics as to saying Kiev does not offer DCF but in fact they do. 

That is why I contacted a person I know that has very good dealings with the embassy. I don't hold my breath for anything, especially dealing with government agencies. As being retired from the military, I know how things work. I have not made a timeline yet as we are collecting the documents. 

All consulates will potentially do I130s under approved exceptional circumstances.  It is the acceptance of i130s without circumstances, that was available only available in select countries that had or still have an international USCIS office, that was what was being referred to 

[tundra12nfl 5]

After I collect all of the documents, I will give it a go and see what they say. My question that I am trying to know more about is my step-son. Her son is 2 1/2 and the father of her son has not been in the picture nor has contacted them since the son was born. 

[Boiler 45,772]

What are your exceptional circumstances?

[Boiler 45,772]

2 minutes ago, tundra12nfl said:

After I collect all of the documents, I will give it a go and see what they say. My question that I am trying to know more about is my step-son. Her son is 2 1/2 and the father of her son has not been in the picture nor has contacted them since the son was born. 

That would depend on local law, does she have the legal competency to take him out of the country?

[payxibka 10,047]

8 minutes ago, tundra12nfl said:

After I collect all of the documents, I will give it a go and see what they say. My question that I am trying to know more about is my step-son. Her son is 2 1/2 and the father of her son has not been in the picture nor has contacted them since the son was born. 

They will require notarized permission from him.  Been there done that in Kyiv 

 

The court system is an option as well if you don't know where he is.  Much more expensive and drawn out process as well

 

This assumes he is named on the BC

Edited June 19, 2019 by payxibka

[tundra12nfl 5]

2 minutes ago, Boiler said:

That would depend on local law, does she have the legal competency to take him out of the country?

The father's name is on the birth certificate and nothing more. As the father whom is an citizen of Israel moved back after the son was born and has not paid support, nor contacted them or anything. As for the exception

 

(3)      Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety.  

 

My wife is a doctor and her job is a health inspector. Some businesses have threaten to hurt her because she failed them on inspections. As this is Ukraine, things can happen

[tundra12nfl 5]

3 minutes ago, payxibka said:

They will require notarized permission from him.  Been there done that in Kyiv 

 

The court system is an option as well if you don't know where he is.  Much more expensive and drawn out process as well

That is good to know. She has contacted and has been to Israel to get help in the matter. She has been contacted by Israel immigration as to giving a determination of her son having Israel citizenship by birth because of the father

[tundra12nfl 5]

We tried applying for a tourist visa for her and was denied, as before we had no interest in moving back to the US in the near future. Just want her to be able to visit my family. 

[Boiler 45,772]

12 minutes ago, tundra12nfl said:

The father's name is on the birth certificate and nothing more. As the father whom is an citizen of Israel moved back after the son was born and has not paid support, nor contacted them or anything. As for the exception

 

(3)      Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety.  

 

My wife is a doctor and her job is a health inspector. Some businesses have threaten to hurt her because she failed them on inspections. As this is Ukraine, things can happen

Nothing the Police can do and I assume you have documentation to support this.

[tundra12nfl 5]

Police will do nothing nor her boss, and as for documents, it is about paying off the police. As this is not the first time and not the first time to co-workers. One thing bad about Ukraine, the corruption is horrible. Pay a little extra money and all it ok or forgotten

Edited June 19, 2019 by tundra12nfl

[Boiler 45,772]

Still not clear how you intend to evidence your application for an expedite?

[tundra12nfl 5]

I do not understand either. Will figure out how to get the document. In the meantime, just keep researching and will try again the tourist visa. As I mentioned before, we have no intentions now to go back to the US. We are planning to move to another city. If all goes well with her son's situation and if we can, we may move to Israel. Just wanted to get a visa to go visit, nothing more. It is funny how I know people that have nothing, can get a tourist visa but she is married to me and her son (as to why she needs to come back to Ukraine) can not get a tourist visa...lol