DCF in nearby country possible due to embassy closure?

[CyberSamurai013 69]

My wife is a Russian citizen who came to America on a K1 in 2011 and stayed until just before her AOS. She moved back to Russia due to family issues and did not overstay her visa. I am an American and we have two children who are dual citizens. The Russian government forced the US embassy to effectively close and they don’t have any visa or US Citizen services active. 
 

My question is this, if we file for a spousal visa is it possible to do DCF through whichever embassy is handling services for the American embassy in Russia due to the de facto closure? It is most likely the Warsaw Poland US embassy as they already handle SSA services. 

[millefleur 5,046]

DCF now is only available for "exceptional circumstances" and you have to contact the Embassy about it directly, so in this case Warsaw. Merely being an American living with your spouse abroad is no longer criteria for DCF.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

 

See the document linked above for more details, but in short exceptional circumstances means:

•  Military emergencies
• Medical emergencies
• Threats to personal safety
• Close to aging out
• Petitioner has recently naturalized
• Adoption of a child
• Short notice of position relocation for US citizen living abroad

 

[Just Paul 4,595]

If you, the petitioner, live in Russia and have exceptional circumstances then you can file with the consulate that has jurisdiction. 

[millefleur 5,046]

8 hours ago, Paul & Mary said:

If you, the petitioner, live in Russia and have exceptional circumstances then you can file with the consulate that has jurisdiction. 

Also, technically the Moscow Embassy is still taking cases in "life-or-death" or age-out emergency situations right now, so I wonder if that would be the de facto DCF for USC's living in Russia.

 

https://ru.usembassy.gov/visas/

A very limited number of immigrant visa applications will be processed in life-or-death emergencies, and age-out cases.  Immigrant visa applicants who meet these criteria should contact the National Visa Center to request an expedited appointment.  We are currently making arrangements for alternate processing locations for immigrant visa applicants who do not meet these criteria. 

 

Although they say that they are making arrangement for alternative processing locations, none have been officially established yet. Right now the only thing Russian based applicants can do is contact other embassies directly and see if they can get a transfer approved. So far, Warsaw is the only one that I'm aware of who has accepted applicants coming from the Moscow embassy.

[CyberSamurai013 69]

Understood. Thank you, guys! Appreciate the replies and info!

[lalaland 0]

im an american in russia too and im wondering the same (

[CyberSamurai013 69]

Update:

The processing of immigrant visas in Russia has been moved to the U.S. embassy in Warsaw Poland. 

 

"Due to the suspension of immigrant visa services at the U.S. Embassy in Moscow, the U.S. Department of State has designated the U.S. Embassy in Warsaw to process immigrant visas for residents of Russia."

 

https://ru.usembassy.gov/visas/immigrant-visas/

 

I have tried to contact the U.S. embassy in Moscow, the U.S. embassy in Warsaw, the U.S. travel docs company, and USCIS but cannot reach anyone and have not received any replies to my inquires. U.S. travel docs told me they cannot give me information about visas until I apply for one. Needless to say, that is counterproductive as I need information in order to apply. My question is can I apply for a spousal visa through DCF and if so where? I have lived in Russia for 6 years, have a Russian permanent residence permit, my wife is Russian, and our children are dual citizens. I believe we meet the requirements under the medical and personal safety categories due to my health issues from my war disabilities as well as Russia imminently mandating we take the Sputnik V 'vaccine'. This is unsafe and America has even issued a new ban on entry for anyone who has taken it or any other Russian COVID-19 'vaccines'. 

 

https://www.washingtonpost.com/world/2021/09/27/us-travellers-sputnik-russia/

 

Any assistance on where I can find up to date and factual information on how to apply via DCF would be appreciated. Thank you!

 

Sincerely,

 

Christopher

[millefleur 5,046]

3 minutes ago, CyberKnight13 said:

Any assistance on where I can find up to date and factual information on how to apply via DCF would be appreciated. Thank you!

So, DCF usually works when you file the I-130 with the Embassy. If the embassies are not responding to the request, it's a bit of a catch-22. It makes sense that ustraveldocs would not have info because they do not process I-130's. USCIS only processes I-130's filed via the "traditional" way, aka non-DCF. You're really kind of at the mercy of the US embassies here with the DCF request.

 

If neither Warsaw nor Moscow respond, try reaching out to other embassies. Some people here on VJ had luck with Tbilisi, Georgia and Almaty, Kazakhstan. Bishkek, Kyrgyz Republic also recently opened a US Embassy. Unfortunately now that Warsaw is the official embassy for Russians, you may run into rejections but the only way to find out is to contact them.

 

Only other plan I can think of is: file the I-130 online or via mail (probably online makes more sense in this case), and then put in an expedite request to USCIS with medical explanation and supporting evidence. This would not be "DCF" per say but if they approve your request, the processing will go must faster.

[CyberSamurai013 69]

1 minute ago, millefleur said:

So, DCF usually works when you file the I-130 with the Embassy. If the embassies are not responding to the request, it's a bit of a catch-22. It makes sense that ustraveldocs would not have info because they do not process I-130's. USCIS only processes I-130's filed via the "traditional" way, aka non-DCF. You're really kind of at the mercy of the US embassies here with the DCF request.

 

If neither Warsaw nor Moscow respond, try reaching out to other embassies. Some people here on VJ had luck with Tbilisi, Georgia and Almaty, Kazakhstan. Bishkek, Kyrgyz Republic also recently opened a US Embassy. Unfortunately now that Warsaw is the official embassy for Russians, you may run into rejections but the only way to find out is to contact them.

 

Only other plan I can think of is: file the I-130 online or via mail (probably online makes more sense in this case), and then put in an expedite request to USCIS with medical explanation and supporting evidence. This would not be "DCF" per say but if they approve your request, the processing will go must faster.

That makes sense, thank you for the explanation and advice! I will try calling the ACS sections of the Moscow and Warsaw embassies and see what happens.

[millefleur 5,046]

3 minutes ago, CyberKnight13 said:

That makes sense, thank you for the explanation and advice! I will try calling the ACS sections of the Moscow and Warsaw embassies and see what happens.

Let us know if you hear anything! It's frustrating that you aren't hearing anything at all. By the way, they don't call it "DCF" to my knowledge as this is a VJ/internet term, probably better to use the word "exceptional circumstances" I-130 processing with them.

[CyberSamurai013 69]

11 hours ago, millefleur said:

Let us know if you hear anything! It's frustrating that you aren't hearing anything at all. By the way, they don't call it "DCF" to my knowledge as this is a VJ/internet term, probably better to use the word "exceptional circumstances" I-130 processing with them.

Will do. It is very frustrating but I am a retired government employee so I know how American bureaucracy works  . Yes, thank you. They call it "a Locally Filed Form I-130,
Petition for Alien Relative". 

[CyberSamurai013 69]

*Just an update, guys*

 

I have attempted to reach the following regarding my question about filing the I-130 directly with the embassy:
 

- US embassy in Moscow (redirected by robotic answering system to US Travel Docs).

- US embassy in Warsaw (redirected by robotic answering system to US Travel Docs).

- US Travel Docs (told me I need to file the I-130 before they can answer questions).

- US State Department (robotic system redirected me to the National Visa Center or NVC).

- USCIS (robotic system only offered to email or text me general links and then hung up on me 7 times for asking for a representative).

- National Visa Center (told me they cannot help me until I apply and have a receipt from USCIS).

 

Basically, I cannot get an answer from anyone and cannot navigate through the robotic phone systems. I have tried asking for a representative, dialing 0 in the system, going to an unrelated section to try and speak to someone, etc. No joy whatsoever. The only thing I can find is this link with the specific cases that are covered which allow you to attempt to file directly with the embassy:

 

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

 

At this point, we have decided to just file the regular way online (as we don't have an American residence anymore) and possibly request expedited processing if the situation here continues to deteriorate. 

 

Thank you all for your advice, we appreciate it!

 

Sincerely,

 

Christopher