qualify for dcf?

[geocity 1]

hi all, 

 

I am currently in China with my wife, and I have almost completed all the documents for the CR1 

 

however, I recently found out this:
https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing

 

" Although you usually file immigrant petitions with USCIS domestically, sometimes you can file a Form I-130 petition for an immediate relative (spouse, child, or parent of a U.S. citizen) with a USCIS field office, U.S. embassy or consulate abroad. Situations where this may be applicable include:

- If you, the petitioner, are a U.S. citizen and

- There is an international USCIS field office located in the country in which you reside"

 

I am US citizen AND there is an intl USCIS here in China in Shanghai.

 

In addition -->

 

Who Can Use Direct Consular Filing?

---

For most spouses seeking a green card, direct consular filing is only available if the couple meets all of the following conditions:

1. The sponsoring spouse is a U.S. citizen currently residing outside the United States or a lawful permanent resident (green card holder) who is outside the United States for an extended period of time.
2. The sponsoring spouse can prove that they are temporarily living in — not just visiting — a country other than the United States.
3. The sponsoring spouse’s permanent home is — or will be — in the United States.
4. The couple has an exceptional circumstance (see below) — unless an international USCIS field office is available in the country where the sponsoring spouse currently lives.

What counts as an “exceptional circumstance”?

A qualifying “exceptional circumstance” includes any of the following:

• A medical emergency, affecting either the sponsoring spouse or the spouse seeking a green card and requiring urgent travel. This might include a pregnancy where the expectant mother will soon be unable to fly.
• A military deployment, but only if the military service member received far less notice than normal.
• A change in employment, but only for a sponsoring spouse who is a U.S. citizen living abroad and whose work or job offer requires them to relocate to the United States on short notice.
• A threat to personal safety, if either the sponsoring spouse or the spouse seeking a green card has credible fears about their security.

 

 

We meet all conditions #1-4, and there is an exceptional circumstance - medical emergency (pregnancy, expectant mother will soon be unable to fly)

 

I am thinking of bringing the I-130 directly to US consulate in Beijing or Guangzhou instead of  filing online or mailing them from China to the Chicago, Dallas, or Phoenix Lockbox?

Any issues one can think of if pursuing this path?

thanks!

[payxibka 10,045]

14 minutes ago, geocity said:

hi all, 

 

I am currently in China with my wife, and I have almost completed all the documents for the CR1 

 

however, I recently found out this:
https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing

 

" Although you usually file immigrant petitions with USCIS domestically, sometimes you can file a Form I-130 petition for an immediate relative (spouse, child, or parent of a U.S. citizen) with a USCIS field office, U.S. embassy or consulate abroad. Situations where this may be applicable include:

- If you, the petitioner, are a U.S. citizen and

- There is an international USCIS field office located in the country in which you reside"

 

I am US citizen AND there is an intl USCIS here in China in Shanghai.

 

In addition -->

 

Who Can Use Direct Consular Filing?

---

For most spouses seeking a green card, direct consular filing is only available if the couple meets all of the following conditions:

1. The sponsoring spouse is a U.S. citizen currently residing outside the United States or a lawful permanent resident (green card holder) who is outside the United States for an extended period of time.
2. The sponsoring spouse can prove that they are temporarily living in — not just visiting — a country other than the United States.
3. The sponsoring spouse’s permanent home is — or will be — in the United States.
4. The couple has an exceptional circumstance (see below) — unless an international USCIS field office is available in the country where the sponsoring spouse currently lives.

What counts as an “exceptional circumstance”?

A qualifying “exceptional circumstance” includes any of the following:

• A medical emergency, affecting either the sponsoring spouse or the spouse seeking a green card and requiring urgent travel. This might include a pregnancy where the expectant mother will soon be unable to fly.
• A military deployment, but only if the military service member received far less notice than normal.
• A change in employment, but only for a sponsoring spouse who is a U.S. citizen living abroad and whose work or job offer requires them to relocate to the United States on short notice.
• A threat to personal safety, if either the sponsoring spouse or the spouse seeking a green card has credible fears about their security.

 

 

We meet all conditions #1-4, and there is an exceptional circumstance - medical emergency (pregnancy, expectant mother will soon be unable to fly)

 

I am thinking of bringing the I-130 directly to US consulate in Beijing or Guangzhou instead of  filing online or mailing them from China to the Chicago, Dallas, or Phoenix Lockbox?

Any issues one can think of if pursuing this path?

thanks!

As of Feb. 1, 2020, USCIS will no longer accept and adjudicate routine Form I-130 petitions at its remaining international field offices.

 

Secondly,  pregnancy is not a medical emergency.  You can ask but expect to be denied.

[HRQX 4,145]

17 minutes ago, geocity said:

We meet all conditions #1-4, and there is an exceptional circumstance - medical emergency (pregnancy, expectant mother will soon be unable to fly)

You can ask the consulate in Guangzhou. Guangzhou is the only IV unit in mainland China. https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

DOS may accept and adjudicate a local Form I-130 filing by a U.S. citizen petitioner for an immediate relative if the petitioner establishes exceptional circumstances or meets blanket authorization criteria defined by USCIS. 

If DOS declines to accept a local filing, DOS should inform the petitioner of its decision and of the process for filing the Form I-130 at a USCIS lockbox or online in accordance with the USCIS filing instructions. 

The petitioner does not have the right to appeal, motion, or otherwise request reconsideration of a USCIS or DOS decision to decline acceptance of a local filing. Although this local filing process is designed to facilitate expedited processing of cases abroad in exceptional circumstances, it is not the only way to file a petition or seek expedited adjudication. If not permitted to file locally abroad, a petitioner may still file a Form I-130 petition with a USCIS lockbox or online and may request expedited processing for that petition in accordance with the published USCIS expedite process and criteria.

 

https://china.usembassy-china.org.cn/visas/immigrant-visas/

Immigrant visas to the United States are processed for citizens and residents of China at the U.S. Consulate in Guangzhou.  This is the only consulate that processes U.S. immigrant visas in China, including immigrant visa applications for nationals of other countries.

Edited November 29, 2020 by HRQX

[Chancy 6,241]

20 hours ago, geocity said:

I am thinking of bringing the I-130 directly to US consulate in Beijing or Guangzhou instead of  filing online or mailing them from China to the Chicago, Dallas, or Phoenix Lockbox?

 

You need to be approved by the consulate first to begin DCF.  As mentioned above, Guangzhou is the only consulate that handles immigrant visa processing for residents of mainland China.  Send your request along with your evidence of exceptional circumstances --

 

https://china.usembassy-china.org.cn/visas/immigrant-visas/us-citizenship-immigration-services-uscis/petition-alien-relative-form-1302/

 

Please contact the Immigrant Visa section if you are eligible to file a I-130 petition at the US Consulate Guangzhou based on “exceptional circumstances”.