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laurenuk

Requesting DCF when USCIS process already underway

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Hi all!

 

Hoping someone can help. My husband (US citizen) and I (UK citizen) currently both live and work in London.

We filed our i-130 to USCIS at the start of August, and have received a receipt number - the case is currently being processed in Nebraska.

Since then, my husband has received a job offer that requires him to be physically in the US at his start date, end of October. 

I believe this means we are able to file with DCF direct with the London embassy - but is it an issue that we've already filed with USCIS? 

I'd love to go via DCF as it looks like it will mean we'll be separated for much less time, but obviously don't want to do anything incorrect. Any advice is much welcome! 

 

Thanks :)

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Filed: AOS (apr) Country: Philippines
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1 hour ago, laurenuk said:

Hi all!

 

Hoping someone can help. My husband (US citizen) and I (UK citizen) currently both live and work in London.

We filed our i-130 to USCIS at the start of August, and have received a receipt number - the case is currently being processed in Nebraska.

Since then, my husband has received a job offer that requires him to be physically in the US at his start date, end of October. 

I believe this means we are able to file with DCF direct with the London embassy - but is it an issue that we've already filed with USCIS? 

I'd love to go via DCF as it looks like it will mean we'll be separated for much less time, but obviously don't want to do anything incorrect. Any advice is much welcome! 

 

Thanks :)

no such thing as a request for petition processing transfer 

Edited by payxibka

YMMV

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13 minutes ago, payxibka said:

no such thing as a request for petition processing transfer 

hi! I'm not requesting for petition processing transfer. 

 

I'm asking if I can apply via DCF given our change in circumstances. I assume this would mean resending my i-130 direct to the London embassy, as we now meet the conditions. But wasn't sure if the fact I've already sent it to USCIS is going to cause an issue?

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Filed: AOS (apr) Country: Philippines
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20 minutes ago, laurenuk said:

hi! I'm not requesting for petition processing transfer. 

 

I'm asking if I can apply via DCF given our change in circumstances. I assume this would mean resending my i-130 direct to the London embassy, as we now meet the conditions. But wasn't sure if the fact I've already sent it to USCIS is going to cause an issue?

First you need to find out if London would even take it.  I would be trying to expedite the current one first

 

You cannot have two active petitions in the same category,  so if London would even take it means rescinding the original 

Edited by payxibka

YMMV

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On top of that, the DCF route closed end of March of this year. USCIS is no longer processing I-130 out of the consulate in London.

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Filed: AOS (apr) Country: Philippines
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8 minutes ago, Robyn-n-Kris said:

On top of that, the DCF route closed end of March of this year. USCIS is no longer processing I-130 out of the consulate in London.

But extenuating circumstances could apply (some job offers could qualify) allowing the consulate to accept.   That is why it is called Direct Consulate Filing.

Edited by payxibka

YMMV

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You can not convert a stateside filed petition to a DCF.  You can ask USCIS to expedite based on the job offer or withdraw your petition and hope that the London consulate will accept the a new petition as a DCF.

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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2 hours ago, Paul & Mary said:

You can not convert a stateside filed petition to a DCF.  You can ask USCIS to expedite based on the job offer or withdraw your petition and hope that the London consulate will accept the a new petition as a DCF.

This makes sense. I wonder if I can find out if London will accept my case as a DCF before withdrawing my current case. 

Looks like there is this form that I can fill out, hopefully I can submit and hear from them soon:

https://uk.usembassy.gov/visas/family-immigration/i130-exceptional-circumstances-request-form/

 

 

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