direct I-130 filing at consulate

[darth vader 133]

My U.S.C. wife and I both live in Canada. Our I-130 is pending adjudication at USCIS. My wife received a U.S. job offer. I know I can apply directly at the Montreal consulate since this would be an "exceptional" case due to short notice of relocation as per their guidelines.

 

1. How do I contact and ask Montreal to accept my I-130 directly? Call or E-mail? Which phone number? Which E-mail?

2. Can I just "transfer" the pending I-130 at USICIS to Montreal consulate?

3. If no to above, will I need to withdraw the pending I-130 at USCIS in order to be eligible to file directly with Montreal or can I file at Montreal concurrently?

 

Thanks!

Edited January 5, 2021 by darth vader

[Boiler 45,478]

Well Canada falls under Mexico so that is who would need to give the OK, seems to remember someone was refused DCF when they has a I 130 filed.

 

It is a different process. When did you file the I 130?

[darth vader 133]

3 minutes ago, Boiler said:

Well Canada falls under Mexico so that is who would need to give the OK, seems to remember someone was refused DCF when they has a I 130 filed.

 

It is a different process. When did you file the I 130?

May 2020

[Boiler 45,478]

You may be switching lanes to find the old lane moving faster.

[darth vader 133]

10 minutes ago, Boiler said:

You may be switching lanes to find the old lane moving faster.

If I withdraw and reapply you mean?

[Boiler 45,478]

Yes

[darth vader 133]

48 minutes ago, Boiler said:

Yes

I know. I just wondered if they would accept direct application concurrently or at least let me "transfer" the current I-130.

[Boiler 45,478]

Not to my knowledge

[carmel34 3,625]

Canada does not do DCF.  Contact the USCIS in Mexico and explain your situation, no harm in trying.  They will tell you if you qualify for DCF under the exceptional circumstances guidelines, and they may ask for documentation or other evidence to make a decision.  If they approve, they will request a transfer of your I-130 file from USCIS.  From what you have posted, you do not seem to meet the criteria, as it is your USC wife who has the job offer in the US.  She can leave Canada and go start the new job in the US whenever she wants to go.  Family separation is often part of the immigration process, and in your case, it would be a good idea anyway since she can establish a US domicile and sufficient income in the US to be sole financial sponsor.  Evidence of both will be required at your eventual visa interview in Montreal, and they are very strict on both.  You might have a better chance of speeding things up by requesting an expedite through the USCIS processing center where the petition is now, based on your wife's job offer and evidence of extreme hardship if you were separated which is a tough thing to prove.  Good luck!

 

Here's a similar post from two years ago with some helpful information:

 

 

Edited January 5, 2021 by carmel34

[darth vader 133]

41 minutes ago, carmel34 said:

Canada does not do DCF.  Contact the USCIS in Mexico and explain your situation, no harm in trying.  They will tell you if you qualify for DCF under the exceptional circumstances guidelines, and they may ask for documentation or other evidence to make a decision.  If they approve, they will request a transfer of your I-130 file from USCIS.  From what you have posted, you do not seem to meet the criteria, as it is your USC wife who has the job offer in the US.  She can leave Canada and go start the new job in the US whenever she wants to go.  Family separation is often part of the immigration process, and in your case, it would be a good idea anyway since she can establish a US domicile and sufficient income in the US to be sole financial sponsor.  Evidence of both will be required at your eventual visa interview in Montreal, and they are very strict on both.  You might have a better chance of speeding things up by requesting an expedite through the USCIS processing center where the petition is now, based on your wife's job offer and evidence of extreme hardship if you were separated which is a tough thing to prove.  Good luck!

 

Here's a similar post from two years ago with some helpful information:

 

 

Thank you so much. I guess the only worry I have is what if they adjudicate the I-130 and deny it? Do you have same recourse as when the USCIS denies it? Does consulate also issue NOIR and NOIDs or do hey just finally deny it? I dont want this possible expedite to take away my chances of appeal incase consulate doesnt approve it.

[Lemonslice 4,836]

7 hours ago, darth vader said:

Thank you so much. I guess the only worry I have is what if they adjudicate the I-130 and deny it? Do you have same recourse as when the USCIS denies it? Does consulate also issue NOIR and NOIDs or do hey just finally deny it? I dont want this possible expedite to take away my chances of appeal incase consulate doesnt approve it.

Why would they deny it?

[darth vader 133]

6 minutes ago, Lemonslice said:

Why would they deny it?

We have prior petitions that were withdrawn. So an officer making a wrong judgement during adjudication (thinking we applied too many times)?

[millefleur 5,046]

**Moved from IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports to DCF Discussion**

[payxibka 10,045]

7 hours ago, darth vader said:

Thank you so much. I guess the only worry I have is what if they adjudicate the I-130 and deny it? Do you have same recourse as when the USCIS denies it? Does consulate also issue NOIR and NOIDs or do hey just finally deny it? I dont want this possible expedite to take away my chances of appeal incase consulate doesnt approve it.

I130 is an i130 and any remedies that are available, are available, regardless who adjudicates it.

[angeljolie 188]

@darth vader have you tried writing USCIS to request for expedited processing?