Changing I-130 application to DCF after initially submitting through USCIS (How to get live USCIS agent to process the change?)

[StewPinck 0]

My wife (UK citizen) and I are expats and have lived in the Netherlands for three years.

 

Shortly after filing the I-130 application through the USCIS website, I learned that we qualify for direct consular filing (DCF) because my expat contract ends on July 2022 (i.e. we have an exceptional circumstance).

 

The US Consulate in the Netherlands has confirmed via email that they can take our case and that they have no I-130/CR-1 backlog at the moment, but the challenge is getting the USCIS to transfer our case to the US Consulate.

 

We have submitted a message on the USCIS portal but have yet to receive a response after a few weeks.

 

Does anyone have advice for how to get a live USCIS agent to process this change? The AI on the phone and online (Ask Emma) do not understand the request, and I can't figure out how to be redirected to an agent.

 

Thanks in advance for your help!

[Villanelle 4,122]

You cant. You need to withdraw the 130 filing to file as DCF, theres no way to convert it.

[Crazy Cat 41,984]

10 minutes ago, StewPinck said:

My wife (UK citizen) and I are expats and have lived in the Netherlands for three years.

 

Shortly after filing the I-130 application through the USCIS website, I learned that we qualify for direct consular filing (DCF) because my expat contract ends on July 2022 (i.e. we have an exceptional circumstance).

 

The US Consulate in the Netherlands has confirmed via email that they can take our case and that they have no I-130/CR-1 backlog at the moment, but the challenge is getting the USCIS to transfer our case to the US Consulate.

 

We have submitted a message on the USCIS portal but have yet to receive a response after a few weeks.

 

Does anyone have advice for how to get a live USCIS agent to process this change? The AI on the phone and online (Ask Emma) do not understand the request, and I can't figure out how to be redirected to an agent.

 

Thanks in advance for your help!

You cannot convert it.  Once an I-130 has been submitted stateside, you cannot apply for DCF for the same beneficiary.  You can request an expedite through USCIS.

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3#:~:text=In addition%2C USCIS does not,electronic or domestically-filed petition.

 

 

Edited February 12, 2022 by Crazy Cat

[Boiler 45,733]

Just the end of contract is unusual for a reason.

[Redro 4,611]

10 hours ago, StewPinck said:

My wife (UK citizen) and I are expats and have lived in the Netherlands for three years.

 

Shortly after filing the I-130 application through the USCIS website, I learned that we qualify for direct consular filing (DCF) because my expat contract ends on July 2022 (i.e. we have an exceptional circumstance).

 

The US Consulate in the Netherlands has confirmed via email that they can take our case and that they have no I-130/CR-1 backlog at the moment, but the challenge is getting the USCIS to transfer our case to the US Consulate.

 

We have submitted a message on the USCIS portal but have yet to receive a response after a few weeks.

 

Does anyone have advice for how to get a live USCIS agent to process this change? The AI on the phone and online (Ask Emma) do not understand the request, and I can't figure out how to be redirected to an agent.

 

Thanks in advance for your help!

Did you inform them you have a pending I-130 application with USCIS when you requested DCF? 

 

To chat to an actual person online write "Live Agent" to chat to someone on the phone you can say "InfoPass"

9 hours ago, Boiler said:

Just the end of contract is unusual for a reason.

I've heard some consulates can be fairly generous with their DCF approvals. But, perhaps because they are both not from the Netherlands they qualify? 

Edited February 13, 2022 by Kor2USA

[StewPinck 0]

Thanks, everyone, for your responses.

 

Turns out I misread the US Consulate in the Netherlands' response. They suggested requesting the USCIS expedite the I-130, and they have no backlog so they would be able to receive the expedited case. Their suggestion was not to re-route the application in order to go the DCF route.

 

@Kor2USA, I tried typing "Live Agent" on Ask Emma but she only responds with this comment: "Please see this page for a list of all of the ways you can contact USCIS. For general customer service, we suggest using our website first." I'll try speaking with a live agent on the phone during business hours tomorrow.

 

@Boiler, my thought was that since my employer is not extending my expat contract after 3.5 years in the Netherlands, this would fall under the DCF exceptional circumstance category of, "An employment change for the sponsoring spouse where their job requires them to move to the United States urgently." In other words, my repatriation date, which is before my wife's anticipated approval date, constitutes an employment change requiring my moving to the US imminently.

 

In expediting an I-130 application, I don't see a similar category of "employment change" as an accepted reason to expedite.

 

I'll still give them a call tomorrow to try. Any other feedback or advice is appreciated. Thanks.

[carmel34 3,646]

1 hour ago, StewPinck said:

since my employer is not extending my expat contract

I suggest that you get a job offer letter from a US employer and submit that to USCIS, to request that they expedite the I-130.  Simply saying that your contract is ending in July may not be sufficient.  Unfortunately, expedite requests, even if approved, tend to speed up the process a little, but there will still be weeks or months of waiting, it's very unpredictable.  You may have to return to the US alone to start the new job in July or August while your spouse waits in the Netherlands for the visa interview.  Good luck!

[iwannaplay54 985]

On 2/12/2022 at 10:05 AM, StewPinck said:

My wife (UK citizen) and I are expats and have lived in the Netherlands for three years.

 

Shortly after filing the I-130 application through the USCIS website, I learned that we qualify for direct consular filing (DCF) because my expat contract ends on July 2022 (i.e. we have an exceptional circumstance).

 

The US Consulate in the Netherlands has confirmed via email that they can take our case and that they have no I-130/CR-1 backlog at the moment, but the challenge is getting the USCIS to transfer our case to the US Consulate.

 

We have submitted a message on the USCIS portal but have yet to receive a response after a few weeks.

 

Does anyone have advice for how to get a live USCIS agent to process this change? The AI on the phone and online (Ask Emma) do not understand the request, and I can't figure out how to be redirected to an agent.

 

Thanks in advance for your help!

DCF isn’t done through USCIS, it is done through the State Department.  Get with Citizens Services ASAP at your nearest consulate or embassy.  
As to the petition review:  They took ours, tabbed through the package, removed what they did not need, approved it on the spot, and handed us a Packet III and a letter requesting a police certificate.  We had a visa about 6 weeks later and actually delayed a couple steps because that was TOO quick.

Edited February 13, 2022 by iwannaplay54

[Boiler 45,733]

Well that makes much more sense.

 

With the long processing times, expediting is becoming the new norm, so certainly have a go, it is free.

[Crazy Cat 41,984]

34 minutes ago, iwannaplay54 said:

DCF isn’t done through USCIS, it is done through the State Department.  Get with Citizens Services ASAP at your nearest consulate or embassy.  
As to the petition review:  They took ours, tabbed through the package, removed what they did not need, approved it on the spot, and handed us a Packet III and a letter requesting a police certificate.  We had a visa about 6 weeks later and actually delayed a couple steps because that was TOO quick.

The consulate has already told the OP to request an expedite through USCIS.  DOS cannot accept his case as an I-130 has already been submitted online. 

[millefleur 5,047]

6 hours ago, StewPinck said:

Turns out I misread the US Consulate in the Netherlands' response. They suggested requesting the USCIS expedite the I-130, and they have no backlog so they would be able to receive the expedited case. Their suggestion was not to re-route the application in order to go the DCF route.

Keep in mind that USCIS and DoS (embassies/consulates) are different entities. It's possible the consulate in the Netherlands is totally fine with taking your expedite case due to no backlog but USCIS might not approve the expedite. I suggest trying for the expedite but you'll need to make a very strong case. I agree with the others than merely submitting end of contract probably won't be enough.

 

Here's more info on how to request an expedite via USCIS:

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

 

[StewPinck 0]

15 hours ago, iwannaplay54 said:

DCF isn’t done through USCIS, it is done through the State Department.  Get with Citizens Services ASAP at your nearest consulate or embassy.  
As to the petition review:  They took ours, tabbed through the package, removed what they did not need, approved it on the spot, and handed us a Packet III and a letter requesting a police certificate.  We had a visa about 6 weeks later and actually delayed a couple steps because that was TOO quick.

Kicking myself for not realizing we qualified for DCF before filing with the USCIS.

 

Does anyone know if it's possible to cancel the pending I-130 application with the USCIS and resubmit through DCF? Obviously there's losing $535 and repaying to submit again with the consulate but are there other risks? E.g. would a canceled I-130 application be a blemish for my wife for any reason?

 

I've seen that a mailed letter is required to cancel and that cancelation can take 1-3 months, but if processing time is on the scale of 6 weeks, it could still be quicker than keeping our I-130 application with the USCIS. Thoughts?

[StewPinck 0]

19 hours ago, carmel34 said:

I suggest that you get a job offer letter from a US employer and submit that to USCIS, to request that they expedite the I-130.  Simply saying that your contract is ending in July may not be sufficient.  Unfortunately, expedite requests, even if approved, tend to speed up the process a little, but there will still be weeks or months of waiting, it's very unpredictable.  You may have to return to the US alone to start the new job in July or August while your spouse waits in the Netherlands for the visa interview.  Good luck!

Thanks for the suggestion. I'll go this route if canceling and refiling is not wise.

[Redro 4,611]

1 hour ago, StewPinck said:

Kicking myself for not realizing we qualified for DCF before filing with the USCIS.

 

Does anyone know if it's possible to cancel the pending I-130 application with the USCIS and resubmit through DCF? Obviously there's losing $535 and repaying to submit again with the consulate but are there other risks? E.g. would a canceled I-130 application be a blemish for my wife for any reason?

 

I've seen that a mailed letter is required to cancel and that cancelation can take 1-3 months, but if processing time is on the scale of 6 weeks, it could still be quicker than keeping our I-130 application with the USCIS. Thoughts?

You might qualify for DCF.  You very well might not.

 

The Consulate did not give you the green light to DCF but suggested you expedite the case at the USCIS level.

Generally contract ending when you were aware the contract was ending is not "exceptional circumstances".

 

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.

 

If you are staying with the same company and the transfer to the States is a surprise you might qualify. If you have a read in the DCF forum you'll see sometimes short notice of position relocation DCF requests are denied. 

 

The consulate could reject your request for DCF after you've canceled the existing petition.

If that occurs you will have to refile a second I-130 with USCIS. 

 

 

 

[jan22 3,056]

On 2/13/2022 at 10:06 AM, iwannaplay54 said:

DCF isn’t done through USCIS, it is done through the State Department.  Get with Citizens Services ASAP at your nearest consulate or embassy.  . . .

As a point of information -- to save both OP and Embassy staff time -- the Citizen Service unit has nothing to do with immigrant visas and there's nothing they can do except refer you to the Immigrant Visa unit.

 

Filing an I-130 via DCF requires the Consular Section to agree to process the case, but in almost all cases (overseas military personnel being the main exception), the first step is to get USCIS approval to do so before they actually can accept the case.  The ultimate decision whether a case can be processed through DCF is made by USCIS -- and, as Crazy Cat has cited above, they do not authorize DOS to accept cases where an I-130 has already been filed in the US.  Even if you withdraw the I-130, they may not approve the DCF filing.  In USCIS view, the proper procedure would be to request an expedite of the existing petition -- if it doesn't qualify for an expedite, it wouldn't have qualified for DCF filing.

Edited February 17, 2022 by jan22