Can we change to DCF?

[Hunter 73 2]

Hi everyone and thanks in advance for any advice that might help us out.  I'm American and my husband is British.  We've been married for about 2 1/2 years living in Scotland that entire time.  We submitted our I-130 petition online in August 2020 and have yet to receive our approval from the Nebraska office.  My UK visa is expiring in May and I have recently got a job offer in the US starting on April 26th.  Does any of that qualify for exceptional circumstances to change to DCF filing in London?  The more I read, the more confusing it all seems.  If anyone has some advice or personal experiences, they would be greatly appreciated!

[milimelo 4,508]

Definitely worth a try. Email London. 

[Cyberfx1024 7,980]

1 hour ago, Hunter 73 said:

Hi everyone and thanks in advance for any advice that might help us out.  I'm American and my husband is British.  We've been married for about 2 1/2 years living in Scotland that entire time.  We submitted our I-130 petition online in August 2020 and have yet to receive our approval from the Nebraska office.  My UK visa is expiring in May and I have recently got a job offer in the US starting on April 26th.  Does any of that qualify for exceptional circumstances to change to DCF filing in London?  The more I read, the more confusing it all seems.  If anyone has some advice or personal experiences, they would be greatly appreciated!

Well you can't just switch to DCF, you will need to refile there at the embassy. But this would be a pretty good reason to do that

[Wuozopo 4,293]

3 hours ago, Hunter 73 said:

Hi everyone and thanks in advance for any advice that might help us out.  I'm American and my husband is British.  We've been married for about 2 1/2 years living in Scotland that entire time.  We submitted our I-130 petition online in August 2020 and have yet to receive our approval from the Nebraska office.  My UK visa is expiring in May and I have recently got a job offer in the US starting on April 26th.  Does any of that qualify for exceptional circumstances to change to DCF filing in London?  The more I read, the more confusing it all seems.  If anyone has some advice or personal experiences, they would be greatly appreciated!

I would use the contact form https://uk.usembassy.gov/visas/iv-contact_form/  for the Immigrant Visa Unit in London to ask the question.  Ask if your case with USCIS could be transferred  to London for consular processing under the exceptional circumstances rule. Explain your situation.

[Hunter 73 2]

Thanks everone!  I've emailed the embassy.  I'll let you know what I find out and fingers crossed!

[Transatlanticism 28]

It's definitely worth the try.

 

We also switched from the USCIS to DCF: After the conslate approves to take on your case you have to officially withdraw your application with the USCIS with a letter. It may take a while until you get the withdrawal confirmation from the USCIS though (maybe 1-2 months).