I filled for I-130, can I still request for DFC application?

[saied 19]

Me and my wife both reside in Turkey currently. I filled for I-130 in November2020  and it is still being processed  with the USCIS. I did not know about DFC method and would like to go this route. Is it too late for this to happen?

 

[payxibka 10,047]

2 hours ago, saied said:

Me and my wife both reside in Turkey currently. I filled for I-130 in November2020  and it is still being processed  with the USCIS. I did not know about DFC method and would like to go this route. Is it too late for this to happen?

 

Do you have extenuating circumstances?

[Just Paul 4,595]

USCIS cannot directly sent it to the consulate.  You may withdraw your stateside petition and ask the consulate to DCF if you have extenuating circumstances.   If the consulate says no then you file again in the US and are at he back of the line.

 

If you don't want that risk and since you filed it stateside you have to ask USCIS to expedite it to the NVC, and then get NVC to expedite to the Consulate with the Consulate's approval. 

[emmillinnee 9]

On 5/30/2021 at 3:30 PM, saied said:

Me and my wife both reside in Turkey currently. I filled for I-130 in November2020  and it is still being processed  with the USCIS. I did not know about DFC method and would like to go this route. Is it too late for this to happen?

 

I was considering the same thing. We got married in August of last year and filed online in September 2020 and it was originally being processed in Nebraska. I (the petitioner) got a job offer in March with an October start date. We thought it would be okay because the Nebraska center processes cases fairly quickly. However, a couple days ago, using the 'ask Emma' feature on the USCIS website I talked to a live agent that told me our case had been transferred to the Potomac USCIS center. So now we are trying to figure out a way to get it expedited or do DCF. I contacted the embassy in Madrid to ask about it and they said in order to apply for DCF, I would FIRST have to cancel the petition with the USCIS without knowing if they would accept the petition for DCF. IF they accepted it we would have to repay the file fee and they said they were backlogged from COVID until November. So for us, even though we qualify for the DCF exceptional circumstance of job offer, it's better to wait I think. But...you could apply for jobs in the US, if you get one and think it will be substantially faster, cancel the original petition and try the DCF route. But...the longer you've been waiting the riskier that is. This is the link to the exceptional circumstances and DCF info: https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

[saied 19]

Thanks everyone for your answers.