Cancel k-1 and then go DCF route

[HiltonHead 3]

I have a i129f that has been approved and is at NVC right now.  Can I cancel it, go to europe, get married and file DCF?  In reading about the DCF it says that to qualify you have not applied for any other immigrant visas?   She is Ukrainian so it appears that may be a faster route?  thanks for help.

 

[Ontarkie 14,133]

Nope won't work, You already started a process. They will see this.

Plus DCF is only an option for special circumstances. Not someone on a Visit in that country. 

[Chancy 6,239]

3 hours ago, Ontarkie said:

Plus DCF is only an option for special circumstances. Not someone on a Visit in that country. 

 

DOS is currently providing special accommodation for USCs with immediate relatives (spouses, minor children, parents) with Ukrainian citizenship (also available for Afghans and Ethiopians).  Legal residence is not necessary, but the USC's physical presence in the country is required throughout the DCF process -- https://travel.state.gov/content/travel/en/News/visas-news/local-fling-of-form-I-130-petitions-filed-by-u-s-citizens-on-behalf-of-afghan-ethiopian-and-ukrainian-immediate-relatives-fleeing-conflict.html

 

Edited April 25, 2022 by Chancy
clarification

[HiltonHead 3]

Does the special accommodation for Ukrainians negate the fact that we have an active k-1 in process?   the physical presence is not a problem.  thanks

[HiltonHead 3]

when i read it - seems pretty obvious that I can't get around the not having filed another immigrant application - just hoping that someone knows more.

 

[Chancy 6,239]

12 minutes ago, HiltonHead said:

Does the special accommodation for Ukrainians negate the fact that we have an active k-1 in process?

 

10 minutes ago, HiltonHead said:

when i read it - seems pretty obvious that I can't get around the not having filed another immigrant application

 

No, you didn't file an immigrant petition.  K1 is a non-immigrant visa (yes, I'm sure).  No issue if you want to try for DCF.  Cancel, marry, and request consideration for DCF, if you want.  But note that it is not automatic.  The consulate still has to review and accept your DCF request before you can even file the I-130.

 

That said, given that the I-129F has already been approved, I would not recommend cancelling now.  Have you requested an expedited K1 interview yet?  If not, emphasize in your request that you have an approved petition already, and just need a K1 visa interview slot.

 

Edited April 25, 2022 by Chancy
clarification

[HiltonHead 3]

I know that once we get married then the k-1 is dead.  Can I go forward with the dcf at that point?

 

[HiltonHead 3]

just saw your answer.  thanks  it gives us another pathway to consider.  do I file the expedite request with nvc or the frankfurt embassy?

 

[HiltonHead 3]

If I apply to sponsor her through the new program - Uniting for Ukrainians - and she comes here - is there a problem with marrying at that time?  I have no idea how long that program will take.   Does anyone know roughly how long it will take to get to the interview in Frankfurt from where we are right now - approved in the NVC?

 

[HiltonHead 3]

I read somewhere on here that Frankfurt was not taking requests for expediting k-1s.  Does anyone have 1st hand experience with what is happening in Frankfurt since Ukrainians started getting moved through that embassy?  thanks

[Chancy 6,239]

*** Although the original topic is appropriate for the DCF forum, I moved the thread to the RUB regional forum, so other VJ members with more relevant experience may chime in. ***

 

16 minutes ago, HiltonHead said:

do I file the expedite request with nvc or the frankfurt embassy?

 

Try sending your expedite request to NVCExpedite@state.gov

 

On the subject line of your request, put something like -- "[NVC case number] UKRAINIAN BENEFICIARY: <beneficiary's name>, DOB: <beneficiary's DOB>"

 

[millefleur 5,043]

3 hours ago, HiltonHead said:

just saw your answer.  thanks  it gives us another pathway to consider.  do I file the expedite request with nvc or the frankfurt embassy?

If you want to do DCF, you need to contact Frankfurt directly. I don't think you need to provide "exceptional circumstances" if they are still making automatic exceptions for Ukrainians: