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Should I petition I-130 through direct consular filing or mail my application to lockbox?

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Filed: IR-1/CR-1 Visa Country: Germany
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Hello, 

Apologize ahead of time for the long post, however, I want you guys to have a clear picture of my situation.  I want to know if my situation would warrant a direct consular filing in New Delhi, India office?

 

I am a US citizen married to an Indian citizen (husband). We have a daughter together (5 years old), a US citizen. I and my daughter hold an OCI visa in India. 
 
 I had traveled to Chennai on February 29, 2020 to visit my in-laws and we anticipated a family reunion with my husband in March 2020. My husband is currently located in Germany on a student visa because he was pursuing his MBA in international management at a university; he was in his last semester of the program.  Due to the pandemic, he was unable to complete his MBA thesis and graduate on time. In addition, due to the uncertainty surrounding the pandemic and closure of country borders, he is uncertain if he will be able to return to Germany to complete his degree if he left the country. 
 
On the other hand, I decided to stay in India with my in-laws until the pandemic was under control. Repatriation flights were available, however; I was frightened to travel by air with my 5-year old daughter. It would be extremely difficult to make a young child wear a mask, gloves and face shield in a long haul flight across continents. I did not want to risk her safety on a 16 hour journey with connecting flights in different cities.  I chose to stay in India until it is safe for me and my daughter to fly back home to Texas. Me and my daughter are unable to travel to Germany to meet my husband due to the above reasons as well as Germany closing its borders to Americans for short term visits . At this time, the situation looks bleak (high volume of corona virus cases in both Chennai and in my hometown Houston, Texas). 
 
I can mail my entire application to the consulate in New Delhi. Or if there is any other options, I am willing to pursue.

 

 

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ROC 2009
Naturalization 2010

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4 hours ago, PTA petitioner said:

I can mail my entire application to the consulate in New Delhi. Or if there is any other options, I am willing to pursue.

USCIS New Delhi no longer accepts I-130's.  See the link above and https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20200131-I-130FiledAbroad.pdf.  You can contact the consulate Immigrant Visa Unit if both of you are in India and wish to use the Exceptional Circumstances clause.  Otherwise you will send your petition to the Dallas Lockbox.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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