Confused about DCF/I-130

[actioncakes 0]

Hello!
Apologies if this has been asked/answered.
I am living abroad in Japan with my Japanese husband.
We want to start the process of getting him a visa so we can move to the US.

Because I will be filing from abroad, I was under the impression that I have to do DCF.

However, it seems that the circumstances for DCF are for emergencies.

I am not sure what the difference is between filing for an I-130 and doing DCF.
Any information is helpful!
Thanks!!

[Dashinka 24,499]

My understanding is that DCF at consulates is only available if there is an immediate need (exceptional circumstance) for the USC to move back to the US for something like a job change, etc. (see link below that lists the exceptional circumstances that may allow for a consulate to accept and process an I130).  In that case, the USC still has to fill out an I130, but they would contact their local consulate to see if they meet the need for immediate consulate action.  In normal cases, the USC would submit the I130 to USCIS to start the process, most would do this online, but if one is applying for a fee waiver for the I130, then they have to do that via mail.  Once the I130 is approved by USCIS, then it moves to the National Visa Center (NVC) so it can be routed to the proper consulate, then the intending immigrant is contacted by the consulate, fills out the DS260 (immigrant visa application), has a medical exam, consulate interview, and then hopefully is issued the visa.  The USC petitioner will also have to submit the I864 as well as providing proof (in the case of USCs living abroad) that they will re-establish residency back in the US with their immigrating spouse.  The processes are essentially the same, the only real difference between filing normally through USCIS, or filing with the local consulate with an exceptional circumstance is the speed at which the process moves.

 

Good Luck!

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

[Chancy 6,241]

3 hours ago, actioncakes said:

Because I will be filing from abroad, I was under the impression that I have to do DCF.

 

No one is required to do DCF.  It is a service that may be offered by the consulate to those who have exceptional circumstances.  The link posted above lists some circumstances that are not necessarily life-or-death emergencies.  For example, some VJ members were allowed to go through DCF due to the petitioner getting a job offer that involves short-notice relocation to the US.

 

[payxibka 10,045]

7 hours ago, actioncakes said:

Hello!
Apologies if this has been asked/answered.
I am living abroad in Japan with my Japanese husband.
We want to start the process of getting him a visa so we can move to the US.

Because I will be filing from abroad, I was under the impression that I have to do DCF.

However, it seems that the circumstances for DCF are for emergencies.

I am not sure what the difference is between filing for an I-130 and doing DCF.
Any information is helpful!
Thanks!!

The difference is merely the location that the i130 is filed with.  A super majority of i130s are filed with the USCIS stateside 

[JFH 12,190]

DCF is now only possible for emergency situations. It used to be the case that in certain countries USCs living abroad with their spouse could file the petition through a USCIS field office in their country and this was traditionally quicker so was the popular method for those eligible. But the overseas field offices have been closed recently and only emergency cases can now follow this route.

 

For 'normal' cases (with no emergency situations), the I-130 is processed in the US the same way as it is done for all the petitioners living in the US. You can file online to save postage time and expenses. If you are requesting a fee waiver you must apply by mail.