DCF filing I owe VJ

[MarkGenefer 9]

I’m making a post that is about 7 years late. My wife and I just thought about this so I thought now is the time. In 2013 I moved to the Philippines. I was thinking because of a situation I had (nothing illegal) that I would make my life in the Philippines with my new wife rather than try to petition her to the US. I was ready to get comfortable in the Philippines and already had when I was reading about DCF on VJ. It was an interesting thought but I figured eh no way this would work. Well I thought what the hell after waiting 6 months to establish residency my wife and I made an appointment at USEM for the next day. We arrived with arms full of documents, pictures, receipts and more. The lady inside took what she needed and said we’d hear soon. 1 week later we were approved! Next step St. Luke’s, Interview and all steps done and Visa approved in less than 3 months. We arrived in the US together September 2014. So I write this for two reasons. One is to tell anyone going for the DCF, do it! You can make it happen. We are proof. Second reason is to thank VJ profusely since if I had never read VJ I might still be living in the Philippines. I may retire there though. Thanks again VJ from myself and my wife. Thank you Thank you!!

[HRQX 4,145]

12 minutes ago, MarkGenefer said:

One is to tell anyone going for the DCF, do it!

After late 2019/early 2020, routine DCF no longer exists. The case must meet "exceptional circumstances" or fall "under blanket authorization criteria defined by USCIS." https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

Exceptional Circumstances

Examples of exceptional circumstances include:

• Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected.

• Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

• Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.

• Close to aging out – A beneficiary is within a few months of aging out of eligibility.

• Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship.

• Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years.

• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.

 

Discretion

The list of examples provided above is not exhaustive. DOS may exercise its discretion to accept local Form I-130 filings for other emergency or exceptional circumstances of a non-routine nature, unless specifically noted below. However, such filings must be truly urgent and otherwise limited to situations when filing with USCIS online or domestically with an expedite request would likely not be sufficient to address the time-sensitive and exigent nature of the situation.

 

 

USCIS^[7] may issue a blanket authorization for DOS to exercise its discretion to accept locally-filed Form I-130 immediate relative petitions for certain filing categories. Petitioners in these categories do not need to reside in the country of the U.S. embassy or consulate, but they must meet the blanket exception criteria described below in order to file a Form I-130 with DOS.

 

Temporary Blanket Authorizations 

In instances of prolonged or severe civil strife or a natural disaster, USCIS may authorize a blanket exception for DOS to accept Form I-130 immediate relative petitions from petitioners directly affected by such events. 

Temporary blanket authorizations do not require DOS to accept a filing, but rather allow DOS to use its discretion to accept a Form I-130 filed at a U.S. embassy or consulate. Although DOS may accept a local filing by a petitioner who does not reside within the post’s jurisdiction, the intent of the temporary blanket authorization is to assist those directly affected by the disruptive event, not to speed up the process for those petitioners who are not directly affected.

 

U.S. Military Assigned to Military Bases Abroad

USCIS has granted DOS blanket authorization to accept Form I-130 immediate relative petitions filed by U.S. citizen military service members stationed abroad even in countries with a USCIS presence. This blanket authorization does not apply to service members assigned to non-military bases, such as U.S. embassies, international organizations, or civilian institutions, or to service members on temporary duty orders. Qualifying petitioners do not need to establish exceptional circumstances. This blanket authorization is not time-limited, but USCIS may revoke the authorization if warranted.

Edited February 28, 2021 by HRQX

[MarkGenefer 9]

1 minute ago, HRQX said:

After late 2019/early 2020, routine DCF no longer exists. The case must meet "exceptional circumstances" or fall "under blanket authorization criteria defined by USCIS." https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

Exceptional Circumstances

Examples of exceptional circumstances include:

• Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected.

• Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

• Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.

• Close to aging out – A beneficiary is within a few months of aging out of eligibility.

• Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship.

• Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years.

• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.

Discretion

The list of examples provided above is not exhaustive. DOS may exercise its discretion to accept local Form I-130 filings for other emergency or exceptional circumstances of a non-routine nature, unless specifically noted below. However, such filings must be truly urgent and otherwise limited to situations when filing with USCIS online or domestically with an expedite request would likely not be sufficient to address the time-sensitive and exigent nature of the situation.

 

USCIS^[7] may issue a blanket authorization for DOS to exercise its discretion to accept locally-filed Form I-130 immediate relative petitions for certain filing categories. Petitioners in these categories do not need to reside in the country of the U.S. embassy or consulate, but they must meet the blanket exception criteria described below in order to file a Form I-130 with DOS.

Temporary Blanket Authorizations 

In instances of prolonged or severe civil strife or a natural disaster, USCIS may authorize a blanket exception for DOS to accept Form I-130 immediate relative petitions from petitioners directly affected by such events. 

Temporary blanket authorizations do not require DOS to accept a filing, but rather allow DOS to use its discretion to accept a Form I-130 filed at a U.S. embassy or consulate. Although DOS may accept a local filing by a petitioner who does not reside within the post’s jurisdiction, the intent of the temporary blanket authorization is to assist those directly affected by the disruptive event, not to speed up the process for those petitioners who are not directly affected.

U.S. Military Assigned to Military Bases Abroad

USCIS has granted DOS blanket authorization to accept Form I-130 immediate relative petitions filed by U.S. citizen military service members stationed abroad even in countries with a USCIS presence. This blanket authorization does not apply to service members assigned to non-military bases, such as U.S. embassies, international organizations, or civilian institutions, or to service members on temporary duty orders. Qualifying petitioners do not need to establish exceptional circumstances. This blanket authorization is not time-limited, but USCIS may revoke the authorization if warranted.

That’s sad to hear but again I’m here to thank VJ as well. 

[JFH 12,190]

Pleased to hear it worked for you. Even if it’s no longer routinely available it’s nice to hear your experience. 

[Adventine 3,196]

Thanks for updating us, even if it has been a while. I would have jumped at the chance to DCF, if only it was possible. But routine DCF was no longer an option by the time we got engaged.

[payxibka 10,045]

7 hours ago, Adventine said:

Thanks for updating us, even if it has been a while. I would have jumped at the chance to DCF, if only it was possible. But routine DCF was no longer an option by the time we got engaged.

Never an option for a K-1 

[Adventine 3,196]

35 minutes ago, payxibka said:

Never an option for a K-1 

Yessir, well aware that DCF is only for married couples

[Captain Ewok 1,891]

18 hours ago, MarkGenefer said:

I’m making a post that is about 7 years late. My wife and I just thought about this so I thought now is the time. In 2013 I moved to the Philippines. I was thinking because of a situation I had (nothing illegal) that I would make my life in the Philippines with my new wife rather than try to petition her to the US. I was ready to get comfortable in the Philippines and already had when I was reading about DCF on VJ. It was an interesting thought but I figured eh no way this would work. Well I thought what the hell after waiting 6 months to establish residency my wife and I made an appointment at USEM for the next day. We arrived with arms full of documents, pictures, receipts and more. The lady inside took what she needed and said we’d hear soon. 1 week later we were approved! Next step St. Luke’s, Interview and all steps done and Visa approved in less than 3 months. We arrived in the US together September 2014. So I write this for two reasons. One is to tell anyone going for the DCF, do it! You can make it happen. We are proof. Second reason is to thank VJ profusely since if I had never read VJ I might still be living in the Philippines. I may retire there though. Thanks again VJ from myself and my wife. Thank you Thank you!!

I'm so happy VJ was able to help!  Seriously, thank you for taking the time to share!  Stay safe!