DCF i 130 from Moscow? or montreal? or Mexico?

[lalaland 0]

7 minutes ago, carmel34 said:

You would need to be a resident for 6 months or more before even asking if they would accept a DCF case in Frankfurt, and then they would only consider it for "exceptional circumstances."  If you have a current job offer from a US employer, are they willing to wait that long?  Even if you move to Germany today and they accept a DCF in Frankfurt after 6 months, you're looking at 8-9 months at least, maybe longer.  I recommend just filing a regular I-130 for a spousal visa, 1-2 years to complete the process.  It could be even faster if you ask for expedites based on the US job offer, first at the USCIS stage (for petition approval), then at NVC stage and interview (consulate/embassy) stage as well.  Others have done this and been approved for the spousal visa in less than a year.  Good luck!

where does it say that i need to be a resident for 6 months? can you show me the link to this info? .

Again "many many many people have applied at the Frankfurt embassy  and got approved super fast with just a Job Offer so..not a big deal". Specially considering that the US embassy in Russia is not taking any applications and encourages everyone to apply  at another US embassy outside I would image the US Embassy in Frankfurt would totally understand.

 

Regular filing I 130 with USCIS now specially with Covid19 woukd take at least 2 years(crazy!!!!) I dont  trust USCIS to expedite anything even if its a matter of life and death so..I prefer to take my chances with every US consulate outside.

 

👍

[SalishSea 17,970]

18 minutes ago, lalaland said:

where does it say that i need to be a resident for 6 months? can you show me the link to this info? .

Again "many many many people have applied at the Frankfurt embassy  and got approved super fast with just a Job Offer so..not a big deal". Specially considering that the US embassy in Russia is not taking any applications and encourages everyone to apply  at another US embassy outside I would image the US Embassy in Frankfurt would totally understand.

 

Regular filing I 130 with USCIS now specially with Covid19 woukd take at least 2 years(crazy!!!!) I dont  trust USCIS to expedite anything even if its a matter of life and death so..I prefer to take my chances with every US consulate outside.

 

👍

You seem to have answers that differ from those of the seasoned VJ members, so why not try this, and let us know how it works out for you?

[lalaland 0]

2 minutes ago, Jorgedig said:

You seem to have answers that differ from those of the seasoned VJ members, so why not try this, and let us know how it works out for you?

i will..the answers I have are because of the posts Ive read here since yesterday. 🤷‍♂️🤷‍♂️ so either you havent read them..or I dont know what. 🤷‍♂️  good day.

[SalishSea 17,970]

2 minutes ago, lalaland said:

i will..the answers I have are because of the posts Ive read here since yesterday. 🤷‍♂️🤷‍♂️ so either you havent read them..or I dont know what. 🤷‍♂️  good day.

Like that DCF for Canada is done via Mexico?  You’ve gotten some good first-hand advice in this thread.    You have some misunderstandings about the DCF process, and you seem resistant to hearing information that is counter to how you think it should work.

 

Good luck.

[davidvs 354]

1 hour ago, lalaland said:

Regular filing I 130 with USCIS now specially with Covid19 woukd take at least 2 years(crazy!!!!) 

 

That's the reality. Join the club, or stay in Russia.

 

We're in this process for almost 3 years and still waiting to get our file transferred to NVC, and at least 2 more years after that for her to get her visa. If you're looking at a 2 year process, then I'm quite jealous of you.

[Cathi 5,771]

Why ask for advice when you won't listen to very knowledgeable members and you already have all of the answers?(wrong answers I might add) 

Asking for the entire community of seasoned veterans from Visa Journey.

 

You are going to have a long, painful journey if you continue with this attitude. Just sayin'

[lalaland 0]

6 minutes ago, Cathi said:

Why ask for advice when you won't listen to very knowledgeable members and you already have all of the answers?(wrong answers I might add) 

Asking for the entire community of seasoned veterans from Visa Journey.

 

You are going to have a long, painful journey if you continue with this attitude. Just sayin'

I am asking advice here because I need the correct info....if some threads on this forum clearly say that IT IS POSSIBLE TO SUBMIT A JOB OFFER TO APPLY FOR DCF and that it works out super fast ,  Where am I being mean or not listening? maybe the mods should delete those threads then 🤷‍♂️🤷‍♂️..

I asked someone above to post the link of the law  to his "you need 6 months residency to apply for dcf"  to verify what he says..where am i being mean or not listening to the "vets"???????

 

🙄🙄🙄🙄🙄🙄🙄🙄🙄🙄

[lalaland 0]

2 hours ago, davidvs said:

 

That's the reality. Join the club, or stay in Russia.

 

We're in this process for almost 3 years and still waiting to get our file transferred to NVC, and at least 2 more years after that for her to get her visa. If you're looking at a 2 year process, then I'm quite jealous of you.

I get your frustration but "join the club,,or stay in Russia"? seriously Dude?

 

i hope your app gets approved fast. David.

[lalaland 0]

1 hour ago, Cathi said:

Why ask for advice when you won't listen to very knowledgeable members and you already have all of the answers?(wrong answers I might add) 

Asking for the entire community of seasoned veterans from Visa Journey.

 

You are going to have a long, painful journey if you continue with this attitude. Just sayin'

maybe its a problem of miscommunication not about who has the right answers because what is this below then:?

 

 

just saying.....

[Boiler 45,733]

You are in Russia not Canada, a point that has been made.

[lalaland 0]

5 minutes ago, Boiler said:

You are in Russia not Canada, a point that has been made.

I am Canadian ,,with a HOME in Canada and residency in CANADA.

[Boiler 45,733]

3 minutes ago, lalaland said:

I am Canadian ,,with a HOME in Canada and residency in CANADA.

So your wife is resident in Canada as well?

 

Your story is confusing as you seemed to be saying you were resident in Russia and were looking to move to Germany.

Edited September 23, 2021 by Boiler

[*Snowdrop* 604]

I think there are some miscommunications here but here are your options and issues:

 

First:

DCF as it was no longer exists. There used to be a regular and well-used option in many if not most countries where the petition could be filed abroad if the petitioner AND beneficiary were living together there. You qualified for this option IF both the beneficiary AND petitioner were legally resident in the country of filing. AND the petitioner had lived there for over six months. (This was to stop people popping over on a tourist visa to get round the long waits for US filing). 

 

This all stopped in 2020 - USCIS started closing down it's field offices for this option one by one. I think the UK was one of the last to close, I know lots of people were rushing to make the deadline in the UK forum.

 

Next point:

Filing abroad is still possible. But only in exceptional circumstances and meeting those is fairly tough. The guidelines over residency have changed slightly because it's no longer the DCF process of before. Residency still comes into play but there's not a hard and fast rule about timeframes (going by the government's immigrant petition guidelines which I will link to)

 

9 FAM 504.2-4(B)  (U) Required Conditions for Filing Petitions at Post

9 FAM 504.2-4(B)(1)  (U) I-600 Petitions and Certain I-130  and I-360 Petitions

(CT:VISA-1248;   03-10-2021)

a. (U) Physical Presence and Residence Requirements:

(1)  (U) In General: You may only adjudicate the above petitions (consistent with additional requirements imposed below) if the petitioner and the beneficiary meet specific physical presence and residence requirements:

(a)  (U) Physical Presence:

(i)     (U) The petitioner and the beneficiary are physically present in the district.  The petitioner must file the petition by personally appearing at the consular section with the original documents.

(ii)    (U) The beneficiary is able to remain in the country for the time it normally takes to process the visa.

(b)  (U) Residence:

(i)     (U) Petitioner:

(A)    (U) Form I-130: A petitioner filing a Form I-130 at post is not required to be a resident of the consular district, but residence may be considered as a factor for acceptance under both the exceptional circumstances and blanket filing authorizations. A petitioner may not file overseas for the express purposes of trying to circumvent the processing times associated with domestic filings;

 

(U) Exceptional Circumstances:  The following are examples of the types of exceptional circumstances where consular officers may opt to accept I-130 immediate relative petitions:

(a)  (U) U.S. 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 would normally be expected.

(b)  (U) Medical emergencies:  A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

(c)  (U) 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.

(d)  (U) Close to aging out:  A beneficiary is within a few months of aging out of eligibility.

(e)  (U) Petitioner has recently naturalized:  A petitioner and family member(s) have traveled for the preference immigrant visa interview, but the petitioner has recently naturalized and the family member(s) require a new petition based on the petitioner's citizenship.

(f)   (U) 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.

(g)  (U) Short notice of position relocation:  A U.S. Citizen petitioner, living and working abroad, received a job offer in or reassignment to the United States with little notice for the required start date.

(h)  (U) Other:  The Consular Section may exercise its discretion to accept local Form I-130 filings for other emergency or exceptional circumstances of a non-routine nature, subject to the limitations set forth in 9 FAM 504.2-4(B)(1)(f).  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.

 

So technically - if you and your wife can go to Canada or Germany or another country then you can petition there. HOWEVER - your wife must be able to legally stay in that country for as long as the petition takes to adjudicate. 

 

Now here's where your problem lies:

 

1. Your only exceptional circumstances category as you've described it is Short notice of position relocation:  A U.S. Citizen petitioner, living and working abroad, received a job offer in or reassignment to the United States with little notice for the required start date.

 

If your job offer is urgent and short notice enough to qualify under this category then it's not going to give you time to arrange to go and live in another country. It's going to be very clear to the consular offier that you are cherry picking locations to try to circumnavigate the wait of the US process, and they are very strict about that.

 

A petitioner may not file overseas for the express purposes of trying to circumvent the processing times associated with domestic filings;

 

They are going to want to know exactly why you both ended up in Canada or Germany just before you need to go back to the US. 

 

So your best option to use the job as exceptional circumstances is to work out how to file via Russia or whichever consulate is dealing with Russia's applications at the moment. It's still going to be a long shot but could be worth a try. 

 

 

 

 

 

 

[belinda63 3,039]

For DCF both you and your wife need to be living in the country you file from. If she is in Russia and you are in Germany or Canada or Mexico or wherever but not living with her their is not point in DCF. Note not visiting but residents of. How fast can your wife obtain residency in any other country so you could file DCF from there.

[analitikas 3]

USCIS manual states that the residency is not a requirement. https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

Having said that, I was asked to show 6 months and I imagine embassies around the world will have their own set of critieria.

 

Just ask them.