F2A petitioner becomes a citizen before visa appointment

[Boiler 45,482]

The only C1 I can think of it a transit visa.

[healthteacher 18]

1 minute ago, Boiler said:

The only C1 I can think of it a transit visa.

actually she may have said ir1

[Crazy Cat 41,845]

2 minutes ago, healthteacher said:

actually she may have said ir1

The daughter would be an CR-2/IR-2.....but will have to have a separate I-130.  The consulate has discretion as to whether to process it or not. The spouse's case can be upgraded to an CR-1/IR-1. 

Edited May 22, 2023 by Crazy Cat

[Boiler 45,482]

I am going with Crazy Cat the only way I can think this would work if the Consulate agree to accept the I 130. Now on the face of it this does not qualify but I believe they can do what they want.

[Crazy Cat 41,845]

The consulate might consider this an exceptional circumstance.:

 

Chapter 3 - Filing | USCIS

 

"

Examples of exceptional circumstances include:

• Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected.

• Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

• Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.

• Close to aging out – A beneficiary is within a few months of aging out of eligibility.

• Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship.

• Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years.

• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.

Discretion

The list of examples provided above is not exhaustive. DOS may exercise its discretion to accept local Form I-130 filings for other emergency or exceptional circumstances of a non-routine nature, unless specifically noted below. However, such filings must be truly urgent and otherwise limited to situations when filing with USCIS online or domestically with an expedite request would likely not be sufficient to address the time-sensitive and exigent nature of the situation.

DOS may consider a petitioner’s residency within the consular district when determining whether to accept a filing, but it is not required.^[6] "

Edited May 22, 2023 by Crazy Cat

[healthteacher 18]

Great post  Crazy Cat! There appears to be enough loopholes in there to drive a truck load of migrants through!

the 'Petitioner has recently naturalized" seems straight forward enough.

Are they saying the embassy might expedite an I-130 for the daughter so they could travel together?

They would at least have to pay for a new I-130 wouldn't they?

[Crazy Cat 41,845]

I'm not sure how they handle the fees for DCF case. 

[Boiler 45,482]

The ones I have seen are all handled by the Consulate, you file everything with them, a lot quicker than the normal process, never seen one for Haiti so do not know how they go about things.

 

You start by contacting the Consulate, their call.

[healthteacher 18]

5 minutes ago, Crazy Cat said:

I'm not sure how they handle the fees for DCF case. 

there are about 3 exceptions daughter could qualify for. I 'want to investigate how to start some action on this.

A letter to the embassy first outlining reasons for request, and ask to file the I-130?

Edited May 22, 2023 by healthteacher
spelling

[Boiler 45,482]

This Consulate I do not know but usually starts with a phone call.

[healthteacher 18]

Citing several several possible exceptions listed, I drafted a letter requesting expedited consular processing for child under 21 of a US citizen, to still allow her to accompany her mother to US.

If approved, would the embassy require the petitioner himself to sign and submit a new I-130 electronically?

Or, can the consulate start and process the new I-130 without additional actions from the petitioner, something like a self-petition? 

 

 

 

[Chancy 6,241]

13 hours ago, healthteacher said:

If approved, would the embassy require the petitioner himself to sign and submit a new I-130 electronically?

Or, can the consulate start and process the new I-130 without additional actions from the petitioner, something like a self-petition? 

 

Petitioner must sign the I-130 for their child.  No self-petition for child of USC, except for victims of abuse by their USC parent/step-parent.

 

[healthteacher 18]

Is a 'wet' signature required for the I-130?

What would be the best way for the petitioner to get a signed I-130 to the consulate?

[healthteacher 18]

Is a 'wet' signature required for the I-130?

What would be the best way for the petitioner to get a signed I-130 to the consulate?

(sorry I may asked the same question in wrong forum)

[healthteacher 18]

7 hours ago, healthteacher said:

Is a 'wet' signature required for the I-130?

What would be the best way for the petitioner to get a signed I-130 to the consulate?

(sorry I may asked the same question in wrong forum)

Because of the circumstances a consulate may accept a scanned original emailed or uploaded signature. Usually no problem if there is an obvious reason.