Any problems with starting I-130 online and later transferring to DCF?

[SpencerChamp 1]

Hello,

 

I (USA) am now living in Italy with my wife (IT), and are trying to figure out the best way to get her a CR-1 Visa. We hoped to apply DCF (after I complete, or at least obtain a receipt of a Permesso di Soggiorno in progress), but learned that the Naples consulate is still not processing (without extreme circumstances, which I doubt we would qualify for) since 2020.

 

So, if we submit our I-130 online now, would we be able to later switch to the Naples consulate if it opens up? Other than a much longer wait time, how much of a problem is trying to complete the visa process overseas anyway? My parents have no problem with me claiming their home is my permanent residence, or forwarding me mail, if it matters.

[randy32 165]

USCIS has pretty much eliminated DCF unless you meet certain conditions. See link below.

 

So unless you meet those criteria, you will have to file online.

Based on your country, I don't think you will qualify but with no knowledge of your individual situation, you will have to review the link below.

 

With regards to embassy, if the Naples permanently closed State Dept. will send your petition to an alternate embassy.

If temporarily closed,  you could try to have it moved to a different embassy.

 

Keep in mind that your petition has as much as a year after filing before it gets to the embassy stage and Naples could have opened by then.

 

 

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

[Dashinka 24,635]

Consulates only accept direct I130 filing under exceptional circumstances.  If you do not meet those circumstances, then regardless of the status of the Naples consulate, I don't see them accepting an I130.  That being said, if you are planning to relocate to the US, I would get your I130 in place and submitted.  If circumstances change, you should be able to transfer it to consular processing if they agree to take it on.

 

Good Luck!

 

The following are some examples of exceptional circumstances when USCIS will likely authorize DOS to accept and process an I-130 petition.

 Military emergencies: A U.S. service member abroad becomes aware of a new deployment or transfer with very little notice. This exception applies in cases where the US service member is provided with exceptionally less notice than would normally be expected by most service members in his or her position.

 Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes the situation where a petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child.

 Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety.

 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, stand-alone petition.

 Adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country. This exception should only be considered if the child has been in the petitioner’s legal and physical custody for at least two years and the petitioner has a full and final adoption decree on behalf of the child.

 Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.

 

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

Edited January 10, 2022 by Dashinka

[SpencerChamp 1]

13 minutes ago, Dashinka said:

Consulates only accept direct I130 filing under exceptional circumstances.  If you do not meet those circumstances, then regardless of the status of the Naples consulate, I don't see them accepting an I130.  That being said, if you are planning to relocate to the US, I would get your I130 in place and submitted.  If circumstances change, you should be able to transfer it to consular processing if they agree to take it on.

 

Good Luck!

 

The following are some examples of exceptional circumstances when USCIS will likely authorize DOS to accept and process an I-130 petition.

 Military emergencies: A U.S. service member abroad becomes aware of a new deployment or transfer with very little notice. This exception applies in cases where the US service member is provided with exceptionally less notice than would normally be expected by most service members in his or her position.

 Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes the situation where a petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child.

 Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety.

 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, stand-alone petition.

 Adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country. This exception should only be considered if the child has been in the petitioner’s legal and physical custody for at least two years and the petitioner has a full and final adoption decree on behalf of the child.

 Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.

 

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

 

17 minutes ago, randy32 said:

USCIS has pretty much eliminated DCF unless you meet certain conditions. See link below.

 

So unless you meet those criteria, you will have to file online.

Based on your country, I don't think you will qualify but with no knowledge of your individual situation, you will have to review the link below.

 

With regards to embassy, if the Naples permanently closed State Dept. will send your petition to an alternate embassy.

If temporarily closed,  you could try to have it moved to a different embassy.

 

Keep in mind that your petition has as much as a year after filing before it gets to the embassy stage and Naples could have opened by then.

 

 

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

Ah, I didn't know the I-130 was so exclusive even before COVID. Thanks so much for your speedy replies, we will get our "passport style" photos taken ASAP in that case!

[Crazy Cat 41,984]

On 1/10/2022 at 6:35 AM, SpencerChamp said:

So, if we submit our I-130 online now, would we be able to later switch to the Naples consulate if it opens up?

It will not open to DCF unless you have exceptional circumstances.  Be aware that once an I-130 is submitted online or stateside, you CANNOT seek DCF, even for exceptional circumstances.  The consulate will not be authorized to accept an I-130.  In addition, consulates are not authorized to accept cases locally if the petitioner is simply trying to get around the stateside queue.  Good luck.  I would file the I-130 asap.

Edited October 19, 2022 by Crazy Cat

[Dashinka 24,635]

7 minutes ago, Crazy Cat said:

It will not open to DCF unless you have exceptional circumstances.  Be aware that once an I-130 is submitted online or stateside, you CANNOT seek DCF, even for exceptional circumstances.  The consulate will not be authorized to accept an I-130.  In addition, consulates are not authorized to accept cases locally is the petitioner is simply trying to get around the stateside queue.  Good luck.  I would file the I-130 asap.

Good catch, I thought otherwise.  Of course the petitioner can request an expedite at any stage of the process though if circumstances change.

[Crazy Cat 41,984]

7 minutes ago, Dashinka said:

Good catch, I thought otherwise.  Of course the petitioner can request an expedite at any stage of the process though if circumstances change.

Here is the reference for that, just in case, the OP wants to see it.

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