I wanna know if I m eligible for DCF? (merged)

[Boiler 45,525]

1 hour ago, Letspaintcookies said:

I have no clue what they'll do. Please keep us posted. Would be interesting to see what happens.

I agree, this is a new one for me as well.

[geowrian 22,337]

This would be DCF under exceptional circumstances.

Generally, being in the military alone does not meet the criteria for this. But it is on a case by case basis...no way to know what they will do until you try.

 

The consulate may choose to accept the I-130. The consulate would then request permission from USCIS to adjudicate it.  The consulate doesn't get to make that decision.

[SalishSea 17,836]

31 minutes ago, geowrian said:

This would be DCF under exceptional circumstances.

Generally, being in the military alone does not meet the criteria for this. But it is on a case by case basis...no way to know what they will do until you try.

 

The consulate may choose to accept the I-130. The consulate would then request permission from USCIS to adjudicate it.  The consulate doesn't get to make that decision.

How would they adjudicate a petition for someone who is not present in the jurisdiction of the consulate?  Do they ever waive the requirement for an interview?

[NikLR 13,227]

6 minutes ago, Jorgedig said:

How would they adjudicate a petition for someone who is not present in the jurisdiction of the consulate?  Do they ever waive the requirement for an interview?

They may choose to send it to italy.  It's possible she can join him there on pcs orders. Completely speculation though.  We meet all sorts of interesting people on VJ I think. 

[geowrian 22,337]

16 minutes ago, Jorgedig said:

How would they adjudicate a petition for someone who is not present in the jurisdiction of the consulate?  Do they ever waive the requirement for an interview?

The specifics of how this would be addressed is not known to me either. The petition would be handled by the consulate under exceptional circumstances (with approval to do so by the USCIS office with jurisdiction over that territory).

But what they would do afterwards is the unknown. It would be the first time I've seen them handle a petition filed that way. Would they transfer it to their consulate for interview? Seems unlikely to me. Hence why I think this is unlikely to go through DCF.

More likely, the petition would need to be handled in the beneficiary's country by their IV unit. But then exceptional circumstances come into play again, and lack of petitioner residency is the obvious missing item (how do you accept an I-130 from somebody not even living there...?).

 

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

[Cyberfx1024 7,980]

18 minutes ago, NikLR said:

They may choose to send it to italy.  It's possible she can join him there on pcs orders. Completely speculation though.  We meet all sorts of interesting people on VJ I think. 

That is pretty rare to do especially if he is a junior enlisted

[Just Paul 4,595]

So it is possible that once USCIS approves a DCF that it can be transferred to another consulate.   I just had this happen with a couple in Mexico we know.   They filed and were approved by USCIS Mexico City (took 3 months).  They are missionaries and the day after approval their organization wanted them to go back to Manila.    They just interviewed last week and they are moving to the US in June.   It worked out great for them since they didn't have to wait for a Juarez interview.

[NikLR 13,227]

3 hours ago, Paul & Mary said:

So it is possible that once USCIS approves a DCF that it can be transferred to another consulate.   I just had this happen with a couple in Mexico we know.   They filed and were approved by USCIS Mexico City (took 3 months).  They are missionaries and the day after approval their organization wanted them to go back to Manila.    They just interviewed last week and they are moving to the US in June.   It worked out great for them since they didn't have to wait for a Juarez interview.

exceptional circumstances do happen.  The USCIS office in Mexico will handle special Canada cases for example.  

 

3 hours ago, Cyberfx1024 said:

That is pretty rare to do especially if he is a junior enlisted

The whole thing is pretty incredible to be honest, so I'm just seeing where this thing ends up. 

[aliskay2003 4]

I emailed the Ambassy this is the answer.i m good

 

 

Thank you for contacting Immigrant Visa Unit.

 

As we mentioned, our office may accept filing of the Form I-130, filed by qualified U.S. military service members for any immediate relative case, when active duty military service member is stationed at a military base in Korea.

Once our office approves your I-130, we may be able to transfer the case to your beneficiary’s country of residence if the relevant post (Italy IV) is willing to accept your I-130 petition.

Please note that you have an appointment schedule with our office on January 29, 2020.  Be sure to mention it to our representative when you visit our office to file your I-130 petition.  If you wish to reschedule your appointment, you may reply to this email.

 

Best regards,

 

Immigrant Visa Unit

Consular Section

Seoul, U.S. Embassy

 

[Just Paul 4,595]

23 hours ago, NikLR said:

The USCIS office in Mexico will handle special Canada cases for example. 

Yes and the interview would be in Montreal.

[Just Paul 4,595]

32 minutes ago, aliskay2003 said:

As we mentioned, our office may accept filing of the Form I-130, filed by qualified U.S. military service members for any immediate relative case, when active duty military service member is stationed at a military base in Korea.

Once our office approves your I-130, we may be able to transfer the case to your beneficiary’s country of residence if the relevant post (Italy IV) is willing to accept your I-130 petition.

Yes that is very good news and good to see something happening the way it should!

[NikLR 13,227]

 

51 minutes ago, Paul & Mary said:

Yes and the interview would be in Montreal.

Why wouldn't it be?

[Dashinka 24,512]

4 hours ago, NikLR said:

 

Why wouldn't it be?

Not necessarily.  There was the member that went through DCF recently in Canada where the interview was at another consulate in Canada (I don’t remember which one).  I think with DCF under extraordinary circumstances, the interview can be held at any consulate.

[geowrian 22,337]

3 minutes ago, Bill & Katya said:

Not necessarily.  There was the member that went through DCF recently in Canada where the interview was at another consulate in Canada (I don’t remember which one).  I think with DCF under extraordinary circumstances, the interview can be held at any consulate.

I think I know the case you are referring to. The I-130 was processed at another consulate in Canada under exceptional circumstances. The visa interview would still be in Montreal. There is nobody at the other consulates from the IV unit.

[NikLR 13,227]

3 hours ago, Bill & Katya said:

Not necessarily.  There was the member that went through DCF recently in Canada where the interview was at another consulate in Canada (I don’t remember which one).  I think with DCF under extraordinary circumstances, the interview can be held at any consulate.

Ah yes Toronto.  I dont think the beneficiary interviewed in Toronto. The petitioner did.  It was odd.