Confusion over beginning to file DCF

[barry100 2]

Hello all,

I am confused on getting the DCF started. I have been living in Colombia for three years and have been married to a Colombian for two years. According to the DCF article on Visa Journeys, I need to file the DCF here in Colombia at the US Embassy. However the Colombian US Embassy site has no information on filing a DCF or form I-130. Most of the links on the site about immigration send you back to USCIS. Any advice would be very much appreciated.

[Crazy Cat 41,810]

For DCF, you will need exceptional circumstances.  Step # 1 is to contact the consulate and ask them to accept your case.

Edited February 20, 2023 by Crazy Cat

[Dashinka 24,480]

You need to contact the consulate and request them to accept the I130 direct filing under an exceptional circumstance.  Here is a fairly recent thread about someone filing in Japan.  The process for Colombia should be similar.

 

Good Luck!

 

 

[Boiler 45,445]

Do you qualify for DCF? What is your basis?

[barry100 2]

Ok, so all three of you are saying there has to be exceptional circumstances, although this quote from the Visa Journey article leads one to believe you can file if you are living overseas and have established residency :
"Current DCF procedures state that if a US Citizen lives overseas they may file the I-130 for a foreign spouse, child or parent at the US Consulate / USCIS Field Office governing their place of residence. In most cases permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition."

 

So I am living in Colombia with a Colombian Spousal visa, and I have been here for a total of over three years and the spousal visa for two years. The above statement led me to believe I may be able to file at the US Embassy here, but it sounds like I am mistaken. The article also led me to believe that filing a DCF is the only way I can file if I am not living in the US. Is this correct? Thank you so much.

[Boiler 45,445]

You file through the lockbox, you will need to show US domicile and meet the I 864 requirements but nothing else you have mentioned suggests an issue.

[Crazy Cat 41,810]

1 hour ago, barry100 said:

Ok, so all three of you are saying there has to be exceptional circumstances, although this quote from the Visa Journey article leads one to believe you can file if you are living overseas and have established residency :
"Current DCF procedures state that if a US Citizen lives overseas they may file the I-130 for a foreign spouse, child or parent at the US Consulate / USCIS Field Office governing their place of residence. In most cases permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition."

 

So I am living in Colombia with a Colombian Spousal visa, and I have been here for a total of over three years and the spousal visa for two years. The above statement led me to believe I may be able to file at the US Embassy here, but it sounds like I am mistaken. The article also led me to believe that filing a DCF is the only way I can file if I am not living in the US. Is this correct? Thank you so much.

. That quote was accurate before all the foreign USCIS offices closed.   You now must have exceptional circumstances. 

You CAN file stateside if you are living abroad.  In fact, you must if you don't have qualifying exceptional circumstances. 

Edited February 21, 2023 by Crazy Cat

[powerpuff 6,679]

USCIS closed majority of international offices, leaving only a handful. This changed the DCF process. It’s reserved for exceptional circumstances and even then, the consulate has the discretion to deny to process the case for DCF. 
 

https://www.uscis.gov/archive/uscis-will-adjust-international-footprint-to-seven-locations
 

Theres also a pinned thread at the top of this forum back from 2019 addressing the change:

 

Exceptional circumstances:

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

[Dashinka 24,480]

2 hours ago, barry100 said:

Ok, so all three of you are saying there has to be exceptional circumstances, although this quote from the Visa Journey article leads one to believe you can file if you are living overseas and have established residency :
"Current DCF procedures state that if a US Citizen lives overseas they may file the I-130 for a foreign spouse, child or parent at the US Consulate / USCIS Field Office governing their place of residence. In most cases permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition."

 

So I am living in Colombia with a Colombian Spousal visa, and I have been here for a total of over three years and the spousal visa for two years. The above statement led me to believe I may be able to file at the US Embassy here, but it sounds like I am mistaken. The article also led me to believe that filing a DCF is the only way I can file if I am not living in the US. Is this correct? Thank you so much.

It all depends on what your circumstances are.  If you have an immediate need to repatriate to the US for a job offer, or something like that, DCF may be an option.  Otherwise, if you are just planning to move to the US in a few years, file the I130 to USCIS.

[barry100 2]

Ok, thank you everyone, this has been helpful. I do not have any concrete plans for moving back to the US, but I would like to travel back and forth freely with my wife, and allow her the rights of being married to a US citizen. Right now we are waiting for her approval to get a tourist visa, but even then she can be denied  entry at the whim of any US immigration officer at the airport, so it is quite scary. I know Colombians with US spouses who have been denied entry. But as far as I can tell nothing can be done.

[Boiler 45,445]

You have the right to petition your wife to immigrate to the US, you do of course need to meet the requirements,

 

On current processing times I would start the process about 2 years before you want to move.

 

She can of course apply for a Tourist Visa bit that is a different issue.

[barry100 2]

On 2/21/2023 at 10:48 AM, Boiler said:

You file through the lockbox, you will need to show US domicile and meet the I 864 requirements but nothing else you have mentioned suggests an issue.

 

5 minutes ago, Boiler said:

You have the right to petition your wife to immigrate to the US, you do of course need to meet the requirements,

 

On current processing times I would start the process about 2 years before you want to move.

 

She can of course apply for a Tourist Visa bit that is a different issue.

Thank you. I need to revisit the requirements, but I always thought I had to be living in the US when I filed. I do not have a home in the US although I maintain a US address, phone and bank for business purposes.

[Boiler 45,445]

You do not have to be living on the US when you file.

[barry100 2]

3 minutes ago, Boiler said:

You do not have to be living on the US when you file.

Thank you, you have been very helpful. I have talked to immigration lawyers who have been less helpful!

[Crazy Cat 41,810]

58 minutes ago, barry100 said:

but I would like to travel back and forth freely with my wife, and allow her the rights of being married to a US citizen.

That will come with her US citizenship....not a day sooner.  By law, every person applying to enter the US as a visitor is already assumed to have immigrant intent.  In addition, EVERY visit is at the discretion of CBP when that visitor arrives at the border.   Marriage to a US citizen confers NO immigration rights....as you will see when you apply.  USCIS prints that in LARGE print on every document.

Without exceptional circumstances, you will apply stateside using this guide:

 

IR1 / CR1 Spouse Visa Step-by-Step Guide on Filing an I-130 for a US Spouse Visa - US Immigration & Visa Guides - VisaJourney

 

You will have to prove domicile or intent to re-domicile in the US.  Good luck.

 

Edited February 22, 2023 by Crazy Cat