DCF vs Regular I-130/CR-1 Filing?

[suziebytes 0]

Hello there, I am getting a bit confused regarding the application process.

 

Initially, I thought I was just going to file the I-130/CR-1 for my spouse, but then was recommended to check out VisaJourney. Here I found under guides that I should do DCF.  Can someone please confirm what makes the most sense and is the most accurate for my case? 

 

• I am a US Citizen currently pregnant and living in Germany with my spouse 
• Spouse is a German resident / Polish Passport holder 
• Spouse has a B1/B2 Visa

 

Originally, we were going to follow this plan: 

Quote

US Citizen lives in the US & Spouse lives overseas:
----- Option 1:  CR-1 / IR-1 Spouse Visa and I-130 Petition Guide

 

 

However, based on the VisaJourney guide it seems like we fall under DCF, which may have an expedited process: 

Quote

US Citizen and Spouse both live/reside overseas:
-----  Direct Consular Filing Information

The problem is that when I look up our respective Consulate in Berlin (https://de.usembassy.gov/visas/immigrant-visas/family-based-immigration/immigrant-visa-petitions/) it states that the a I-130 petition is to be filed by mail and sent to the Dallas office. Upon clicking the link, it leads to the 'File Online' option (which we've already started and are almost completed for the I-130). There doesn't seem to be an option to go to the Consulate and do an in person filing directly. 

 

Further, reading about DCF it appears there may be a requirement for permanent residency in abroad of at least 6 months. I am just only filing for my permenant residence card at the end of October. Waiting another 6 months, seems to really add unnecessary time that could be counted towards regular processing. 

 

[Chancy 6,242]

42 minutes ago, suziebytes said:

The problem is that when I look up our respective Consulate in Berlin (https://de.usembassy.gov/visas/immigrant-visas/family-based-immigration/immigrant-visa-petitions/) it states that the a I-130 petition is to be filed by mail and sent to the Dallas office. Upon clicking the link, it leads to the 'File Online' option (which we've already started and are almost completed for the I-130). There doesn't seem to be an option to go to the Consulate and do an in person filing directly. 

 

The embassy page that you linked actually lists the qualifications for direct consular filing of the I-130 petition.  Simply having permanent residency in Germany is no longer sufficient.  You may request for DCF at the consulate in Frankfurt only if:

• you are an active duty US military service member stationed permanently at a military base in Germany, OR
• you have exceptional circumstances that would merit an exemption from USCIS lockbox filing

"If you believe that your situation merits an exception, please email the Immigrant Visa Unit to request an exception and explain your circumstances in detail. If your request to file an I-130 petition with U.S. Consulate General Frankfurt is not authorized by USCIS, then you must file the petition with the USCIS Dallas Lockbox." (Or file online.)

 

USCIS guidance on exceptional circumstances -- https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

[Boiler 45,735]

On what basis do you fall under DCF?

[Just Paul 4,595]

Yes you need to have residency in order to file DCF and you will need an exceptional circumstance, as determined by the consulate, for them to accept the petition.

 

So it sounds like you don't meet the first requirement.

 

File stateside and if a reason arises you can ask for an expedite at USCIS or the consulate.