Canceling K-1 Petition to Shift to DCF

[nierse 0]

Hi!

I have lived overseas for the past 4 years.  Have shared an apartment with my partner for over a year have been with her for almost 2 years.  We've received our NOA1 from our I-129F for a K-1 a couple weeks ago.  I recently learned that I may be able to qualify for DCF?  We will be traveling to the US shortly for ~2 months on her existing B2 visa and could get married in my hometown while there.  Additionally, there has been talk about me relocating to North America (I.e. US) for work.

 

If we get courthouse married next month and my work provides me a letter saying that they want me to relocate to the US in the next (6?) months, do we seen any reason why I should not be able to apply for DCF for a CR1 visa?

Thanks!

[Dashinka 24,481]

Only the consulate can decide to accept the I130, but a USC needing to repatriate to the US for work reasons tends to be a common reason for consulates to take on the I130.  Here is a good thread you may find helpful.

 

As a side question, why wait for the marriage in the US, you can do the Utah Online Zoom wedding, and since you are both physically together, send the DCF request to the consulate as soon as you get the marriage certificate and the note from your company.

 

Good Luck!

 

 

Edited June 8, 2023 by Dashinka

[nierse 0]

Dashinka - Thanks for your response.  Wasn't sure if:
1) The existing K-1 request existing,
2) A super recent (or even online, per your suggestion) would cause a consulate to reject, or
3) If a job relocation request from an existing employer needs to be within a certain amount of time to be deemed urgent enough to trigger the DCF requirements.

To answer your question: The only reason was because we already had these plans to go back to US for a couple months, including time in my hometown.  Didn't know about the Utah Online thing.  Looks like it might be something to consider!

Thanks!

[D-R-J 192]

We did DCF and filed only two weeks after our wedding, so I don’t think it being a recent wedding would be an issue.

 

I wonder if the embassy would confirm if they’d accept your petition before actually getting married…

 

We were lucky that they still had USCIS offices abroad when we did ours, and didn’t need to worry about exceptional circumstances.

Edited June 8, 2023 by D-R-J

[Dashinka 24,481]

2 hours ago, nierse said:

Dashinka - Thanks for your response.  Wasn't sure if:
1) The existing K-1 request existing,
2) A super recent (or even online, per your suggestion) would cause a consulate to reject, or
3) If a job relocation request from an existing employer needs to be within a certain amount of time to be deemed urgent enough to trigger the DCF requirements.

To answer your question: The only reason was because we already had these plans to go back to US for a couple months, including time in my hometown.  Didn't know about the Utah Online thing.  Looks like it might be something to consider!

Thanks!

The I129F should not impact any subsequent I130/DCF since the act of getting married automatically nullifies the I129F.

 

I agree with @D-R-J, a recent wedding would not be a big impact especially since in your case you can show a long period (4 yrs) of being together.

 

I am not aware of a set timeframe for the relocation (there maybe something in a State Department guide), but I imagine anything less than a year could be impacted.  The USCIS wording is quite vague.

 

• 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.

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

[Dashinka 24,481]

Looked it up, and the wording from the State Department is equally as vague.

 

b. (U) Adjudicating Exceptional Circumstances Form I-130 Cases:

(1)  (U) If a consular section encounters a case they believe meets the exceptional circumstances criteria outlined below, then the Consular Chief or another designated consular officer may exercise discretion to accept and adjudicate the filing.

(2)  Unavailable

(a)  Unavailable

(b)  Unavailable

(c)  Unavailable

(d)  Unavailable

(e)  Unavailable

(3)  (U) If you decline to accept a local filing, you should inform the petitioner of the decision and direct the petitioner to the USCIS website for information on how to file the Form I-130 at a USCIS lockbox or online in accordance with the USCIS filing instructions.  The USCIS website also provides information on how to contact USCIS about expedite requests. The petitioner does not have the right to appeal, motion, or otherwise request reconsideration of a USCIS or consular officer's decision to decline acceptance of a local filing.

(4)  (U) Exceptional Circumstances:  The following are examples of the types of exceptional circumstances where consular officers may opt to accept Form I-130 immediate relative petitions:

(a)  (U) U.S. Military emergencies:  A U.S. service member, who is abroad but who does not fall under the 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 would normally be expected.

(b)  (U) Medical emergencies:  A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

(c)  (U) 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.

(d)  (U) Close to aging out:  A beneficiary is within a few months of aging out of eligibility.

(e)  (U) Petitioner has recently naturalized:  A petitioner and family member(s) have traveled for the preference IV interview, but the petitioner has recently naturalized and the family member(s) require a new petition based on the petitioner's citizenship.

(f)   (U) 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 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 two years.

(g)  (U) Short notice of position relocation:  A U.S. Citizen petitioner, living and working abroad, received a job offer in or reassignment to the United States with little notice for the required start date.

(h)  (U) Other:  The Consular Section may exercise its discretion to accept local Form I-130 filings for other emergency or exceptional circumstances of a non-routine nature, subject to the limitations set forth in 9 FAM 504.2-4(B)(1)(f) above.  However, such filings must be truly urgent and limited to situations when filing with USCIS online or domestically with an expedite request would likely not be sufficient to address the exigent nature of the situation.

 

https://fam.state.gov/fam/09FAM/09FAM050402.html#M504_2_4_B_1_f

 

Edited June 8, 2023 by Dashinka

[Redro 4,611]

2 hours ago, nierse said:

Dashinka - Thanks for your response.  Wasn't sure if:
1) The existing K-1 request existing,
2) A super recent (or even online, per your suggestion) would cause a consulate to reject, or
3) If a job relocation request from an existing employer needs to be within a certain amount of time to be deemed urgent enough to trigger the DCF requirements.

To answer your question: The only reason was because we already had these plans to go back to US for a couple months, including time in my hometown.  Didn't know about the Utah Online thing.  Looks like it might be something to consider!

Thanks!

It depends on the consulate. 

I believe UK is super relaxed... a year or so ago someone started messaging the consulate to enquire about DCF. Then was rejected. Then requested DCF with a part time  job they applied for after first rejection. Managed to use husband's income (the beneficiary) as that job would continue in the US. 

There is another couple going through DCF in London. They have just gotten married after her divorce was finally finalized. And they will be going through DCF. 

[Boiler 45,449]

I have never heard of a Consulate responding to being asked what do I need to do to make sure you will accept my DCF case. How soon does the job relocation have to be etc.

 

How recently you married is irrelevant, especially if you have a strong relationship evidence.

 

Prior I 130 is definitely a blocker, no mention of a prior I 129f.

 

The basis behind DCF supposedly  is that you are in this situation, not how do I create this situation. Obviously reality is often different.