London

[Jweldon08 8]

Hi, 

 

My wife has already submitted our I30 to USCIS for approval online and we are with the Nebraska Service center. We have about 10 months(ish) left on the process. 

 

On the London embassy website there is an area where you can request direct filing. There is a section where you can put current USCIS filing receipt number. If I try direct filing and get denied will that impact my filing with the USCIS? The fact you have the option to put your current USCIS receipt number makes me think we wont. 

 

Back story on why we want to file and have potential reason too. I previously have been issued a green card from the London Embassy in 2018 and correctly surrendered when we moved back to the UK in 2021, regretted it and we are now moving back (long story, but a mistake we will not make again) anyway, whilst I was in the USA I obtained my NMLS license (Mortgage broker license) if that is not used by Feb 2024 I loose it. Do you think this might constitute exceptional circumstances, as it will effect my employment opportunities? The reality is I know I can re do it, but the exam is really tough and I really do not want too.

 

Appreciate any thoughts. 

[Dashinka 24,483]

I was under the impression if an I130 was filed with USCIS, DCF was no longer an option.  Try it and see, I am not sure anyone knows for certain if your "exceptional circumstance" will be accepted, but you won't know unless you try.  I don't think it will hurt your current filing.

[Crazy Cat 41,814]

35 minutes ago, Jweldon08 said:

On the London embassy website there is an area where you can request direct filing.

Consulates are not authorized to accept a case if an I-130 has already been filed with USCIS.  The only thing you can do is request an expedite with USCIS....per regulation.

 

Chapter 3 - Filing | USCIS

 

"In addition, USCIS does not authorize DOS to accept a local filing abroad if the petitioner has already filed a Form I-130 domestically for the same beneficiary. If exigent circumstances exist, the petitioner should request expedited processing for an electronic or domestically-filed petition. Local consular or USCIS staff should inform the petitioner of the process to request expedited adjudication.^[7]"

 

 

Edited April 12, 2023 by Crazy Cat

[Jweldon08 8]

2 minutes ago, Crazy Cat said:

Consulates are not authorized to accept a case if an I-130 has already been filed with USCIS.  The only thing you can do is request an expedite with USCIS....per regulation.

 

Chapter 3 - Filing | USCIS

 

"In addition, USCIS does not authorize DOS to accept a local filing abroad if the petitioner has already filed a Form I-130 domestically for the same beneficiary. If exigent circumstances exist, the petitioner should request expedited processing for an electronic or domestically-filed petition. Local consular or USCIS staff should inform the petitioner of the process to request expedited adjudication.^[7]"

 

 

Thank you for that, saves us some wasted time. 

 

Do you know if USCIS reject our expedite request if this harms or delays our filing?

[Crazy Cat 41,814]

6 minutes ago, Jweldon08 said:

Do you know if USCIS reject our expedite request if this harms or delays our filing?

No harm, no delay.

[michela 4]

I was in a similar situation and from my reading my understanding is that you have to withdraw the petition filed with USCIS in the US and then apply for exceptional circumstances in the UK for DCF. Therefore if the exceptional circumstances is refused, you have to start again from 0 with the I-130 with the USCIS in the US. So it's quite the risk if you've filed a while ago.

[michela 4]

On 4/25/2023 at 9:19 PM, michela said:

I was in a similar situation and from my reading my understanding is that you have to withdraw the petition filed with USCIS in the US and then apply for exceptional circumstances in the UK for DCF. Therefore if the exceptional circumstances is refused, you have to start again from 0 with the I-130 with the USCIS in the US. So it's quite the risk if you've filed a while ago.

 

Update: DO NOT DO THIS. Apparently even withdrawing it doesn't make a difference  I am upset (and feel very stupid) for having done this. 

 

I tried it, here's the reply I got: 

Your request has been reviewed by the Department of State and unfortunately, we cannot accept your request to file your petition in X. 

USCIS does not authorize the Department of State to accept a local filing abroad if the petitioner has already filed a Form I-130 domestically for the same beneficiary. If exigent circumstances exist, the petitioner should request expedited processing for an electronic or domestically-filed petition.

[Boiler 45,451]

49 minutes ago, michela said:

 

Update: DO NOT DO THIS. Apparently even withdrawing it doesn't make a difference  I am upset (and feel very stupid) for having done this. 

 

I tried it, here's the reply I got: 

Your request has been reviewed by the Department of State and unfortunately, we cannot accept your request to file your petition in X. 

USCIS does not authorize the Department of State to accept a local filing abroad if the petitioner has already filed a Form I-130 domestically for the same beneficiary. If exigent circumstances exist, the petitioner should request expedited processing for an electronic or domestically-filed petition.

That has always been my understanding of how DCF operates.