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

[iwannaplay54 985]

9 hours ago, jan22 said:

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.

As a point of information we got a DCF IR1 so:  I know what to ask for and who to ask

 

The IV unit was far far away from the consulate who accepted, reviewed, approved the petition that was then forwarded to the IV unit at the (faraway) embassy where the documents were sent and the interview took place.  

Citizen’s services took care of that for me, hence the suggestion to contact them.

 

USCIS has no jurisdiction over DOS, DOS has legal authority to rule emergency, and USCIS never sees a DCF petition.  It literally gets stamped and aporoved at the counter and they hand you a Packet so you can start gathering your docs for the embassy interview and set up your medical.

Edited February 18, 2022 by iwannaplay54

[millefleur 5,046]

6 minutes ago, iwannaplay54 said:

Citizen’s services took care of that for me, hence the suggestion to contact them.

That is interesting, thanks for sharing. Back when USCIS offices abroad were a thing, they were the ones who accepted/reviewed the I-130 (that's how we did DCF.) I wasn't sure how the "exceptional circumstances" DCF works, but it's possible it varies from embassy to embassy.

[iwannaplay54 985]

3 minutes ago, millefleur said:

That is interesting, thanks for sharing. Back when USCIS offices abroad were a thing, they were the ones who accepted/reviewed the I-130 (that's how we did DCF.) I wasn't sure how the "exceptional circumstances" DCF works, but it's possible it varies from embassy to embassy.

Exceptional circumstance involving a sudden transfer to the US is a listed reason for expediting USC’s family.  The other that I saw unquestioned was medical return.

Edited February 18, 2022 by iwannaplay54

[jan22 3,052]

2 hours ago, iwannaplay54 said:

As a point of information we got a DCF IR1 so:  I know what to ask for and who to ask

 

The IV unit was far far away from the consulate who accepted, reviewed, approved the petition that was then forwarded to the IV unit at the (faraway) embassy where the documents were sent and the interview took place.  

Citizen’s services took care of that for me, hence the suggestion to contact them.

 

USCIS has no jurisdiction over DOS, DOS has legal authority to rule emergency, and USCIS never sees a DCF petition.  It literally gets stamped and aporoved at the counter and they hand you a Packet so you can start gathering your docs for the embassy interview and set up your medical.

It is not normal for Citizen Services to do this in most places -- because of the long distances involved Indonesia they likely made special arrangements.  That would not apply in most other countries, such as the Netherlands.

 

DOS has no independent authority to decide to accept an I-130 or not (except for specific categores such as overseas militany families for whom USCIS has granted blanket authority).  USCIS does not see the actual I-130 petition filed under DCF, but the Embassy/Consulate consults with the regional USCIS with jurisdiction for their country as to whether the criteria for exceptional circumstances presented meets USCIS standards before they agree to accept the I-130 filing. 

 

The on-the-spot acceptance adjudIcation/approval you describe is often not the case -- in many countries, the petition and supporting materials will be accepted and then the adjudication will be done at a later time.  The material for the next steps are then sent to the beneficiary.

[iwannaplay54 985]

1 hour ago, jan22 said:

It is not normal for Citizen Services to do this in most places -- because of the long distances involved Indonesia they likely made special arrangements.  That would not apply in most other countries, such as the Netherlands.

 

DOS has no independent authority to decide to accept an I-130 or not (except for specific categores such as overseas militany families for whom USCIS has granted blanket authority).  USCIS does not see the actual I-130 petition filed under DCF, but the Embassy/Consulate consults with the regional USCIS with jurisdiction for their country as to whether the criteria for exceptional circumstances presented meets USCIS standards before they agree to accept the I-130 filing. 

 

The on-the-spot acceptance adjudIcation/approval you describe is often not the case -- in many countries, the petition and supporting materials will be accepted and then the adjudication will be done at a later time.  The material for the next steps are then sent to the beneficiary.

Our job is to share our successful experiences here, not pontify on our personal theories as to what what may or may not happen in various countries.  I know 100% that the officer who took my petition and asked me a few questions as she flipped through it and returned the information she did not need back to me didnt call $@$@ or check with anybody.  
 

The “except for” noted above is broad and a decision by a consular officer to determine the application of the “except for” belongs to DOS.  It often IS the case and if it IS the case processing is swift and efficient.  As efficient as a granted SB1, which is another Visa a consular officer grants without checking in with USCIS.  I have one of those in the trophy case too.

 

Here’s a tip - spend some time overseas, become a Warden, attend their parties, have a few drinks with them, talk to them, and you will learn a lot about what they can and cannot do, more than google can teach you.  

 

I re-iterate the previous recommendation, because I have gotten what the OP wants and I described how I got it.  IF the USC can get qualified they’ll be in the US in 8 weeks tops.

[jan22 3,052]

55 minutes ago, iwannaplay54 said:

. . .

Here’s a tip - spend some time overseas, become a Warden, attend their parties, have a few drinks with them, talk to them, and you will learn a lot about what they can and cannot do, more than google can teach you.

. . .

Don' know why you felt a need for such a personal attack.  It is usually best to know something about a person's background before making a statement like this.

 

From my +20 years as a senior consular officer -- +18 of which were spent overseas -- (a background I have shared in these forums before), I have a very good understanding of what consular officers can and cannot do...even without searching Google.

 

Reports of individual experiences are important.  However, it is also important to recognize that processes and procedures vary among Embassies and Consulates and what worked for one person in one country won't necessarily work for another person in a different country.

[TBoneTX 45,266]

Yes, comments have been made (toward a highly valuable member) that sorely tread on these provisions of the Terms of Service:

 

    1.  Restrict or inhibit any other user from using and enjoying the Forums.
    2.  Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, harass, insult, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users.

 

Those comments stop now or account suspensions begin.

 

VJ Moderation

[Black Unicorn 22]

8 hours ago, iwannaplay54 said:

As a point of information we got a DCF IR1 so:  I know what to ask for and who to ask

 

The IV unit was far far away from the consulate who accepted, reviewed, approved the petition that was then forwarded to the IV unit at the (faraway) embassy where the documents were sent and the interview took place.  

Citizen’s services took care of that for me, hence the suggestion to contact them.

 

USCIS has no jurisdiction over DOS, DOS has legal authority to rule emergency, and USCIS never sees a DCF petition.  It literally gets stamped and aporoved at the counter and they hand you a Packet so you can start gathering your docs for the embassy interview and set up your medical.

Does that mean you were able to to do DCF at a US Embassy in another country? @iwannaplay54 "faraway embassy". Which means if a USC has residency in country A but is living with spouse in country B and country B does not allow for DCF, then USC can try to apply for DCF in country A that, allows for DCF applications. Is that right? All while living outside of the states? Just curious.

 

There seems to be lots of tension in this thread. I ask my question for anyone with knowledge because I have residency in Germany and Ghana both 100% legit and do not conflict. Just trying to understand options

 

Edited February 18, 2022 by Black Unicorn

[millefleur 5,046]

7 hours ago, Black Unicorn said:

Does that mean you were able to to do DCF at a US Embassy in another country? @iwannaplay54 "faraway embassy". Which means if a USC has residency in country A but is living with spouse in country B and country B does not allow for DCF, then USC can try to apply for DCF in country A that, allows for DCF applications. Is that right? All while living outside of the states? Just curious.

Just keep in mind that whatever happened in one person's individual case is not necessarily a rule. Even back when "old school" DCF via USCIS offices abroad was still a thing, they had requirements, such as you had to have legal residency in the country, etc. However, back then, I knew someone who was merely on a tourist visa and begged the USCIS officer, breaking down into tears and pleading to take I-130 petition merely on the fact that she was in the country (and not living there full time.) The USCIS officer caved in after much back and forth and decided to take her case, but it was against all official rules.

 

So, just take people's individual experiences with a grain of salt. Sometimes people get lucky and get someone who is willing to overlook things and help them out, it doesn't mean it's always the case.

[Black Unicorn 22]

1 hour ago, millefleur said:

Just keep in mind that whatever happened in one person's individual case is not necessarily a rule. Even back when "old school" DCF via USCIS offices abroad was still a thing, they had requirements, such as you had to have legal residency in the country, etc. However, back then, I knew someone who was merely on a tourist visa and begged the USCIS officer, breaking down into tears and pleading to take I-130 petition merely on the fact that she was in the country (and not living there full time.) The USCIS officer caved in after much back and forth and decided to take her case, but it was against all official rules.

 

So, just take people's individual experiences with a grain of salt. Sometimes people get lucky and get someone who is willing to overlook things and help them out, it doesn't mean it's always the case.

I'm totally taking it with a grain of salt, indeed! That is an interesting case for sure. Appreciate the share. Thank you!

[iwannaplay54 985]

10 hours ago, Black Unicorn said:

Does that mean you were able to to do DCF at a US Embassy in another country? @iwannaplay54 "faraway embassy". Which means if a USC has residency in country A but is living with spouse in country B and country B does not allow for DCF, then USC can try to apply for DCF in country A that, allows for DCF applications. Is that right? All while living outside of the states? Just curious.

 

There seems to be lots of tension in this thread. I ask my question for anyone with knowledge because I have residency in Germany and Ghana both 100% legit and do not conflict. Just trying to understand options

 

The consulate and embassy were 300 miles apart, IV interviews and IV processing was not done at the consulate.  They did not have an IV unit there.

 

All embassies, under specific circumstances, can process DCF petitions.

 

It was a suggestion.  

Edited February 18, 2022 by iwannaplay54

[Black Unicorn 22]

Just now, iwannaplay54 said:

The consulate and embassy were 300 miles apart

That answers my question  Thank you very much!!

[iwannaplay54 985]

1 minute ago, Black Unicorn said:

That answers my question  Thank you very much!!

Best of luck.  I always try to help get USC’s back home because we did two different expat assignments and had to navigate exactly what you guys are trying to do.

[Black Unicorn 22]

It's such a unique situation that most folks don't understand. I'm thankful for VJ and folks like you for sharing your experiences! Awesome sauce!!!

[iwannaplay54 985]

16 hours ago, jan22 said:

Don' know why you felt a need for such a personal attack.  It is usually best to know something about a person's background before making a statement like this.

 

From my +20 years as a senior consular officer -- +18 of which were spent overseas -- (a background I have shared in these forums before), I have a very good understanding of what consular officers can and cannot do...even without searching Google.

 

Reports of individual experiences are important.  However, it is also important to recognize that processes and procedures vary among Embassies and Consulates and what worked for one person in one country won't necessarily work for another person in a different country.

That was assuredly not an attack and I know who you are 
 

Then you are aware I did speak the truth in regards to USC expat family overseas with imminent need to return to the US.  If this family has that need then a CO can and does have authority to make that happen. I have seen this more than once and no, we did not abuse that path or that privilege and neither did others that I know.  

Were we or had we been turned away, we also knew full well that our (only) other option was a petition filed with USCIS.  OP has already  done so and OP is aware that an expedite request can be filed so that path seems to be covered.
 

Our petition did not go through an overseas USCIS office, the nearest one was probably in ?Europe? actually I had little need to look it up.  I never dealt with NVC or USCIS for that petition, we went straight to medical, support affidavit, marriage docs, and police certificate after turning it in to the nearest consulate.  

Edited February 18, 2022 by iwannaplay54