Can I go through DCF if I filed online I-130? Seeing conflicting answers here & online.

[Willy988 0]

Bit of a complex situation so bare with me. My wife and her sister were attacked and her sister was murdered. A while ago, I was trying to expedite, etc. our online i-130 submitted half a month ago.

My conclusion: expedite is for the USC, the foreigner should be using their country's services.

Fast forward to today, I have been in contact with the US Embassy here in Brazil. They were moved when we showed them the court case, an immigration officer went through and officially gave us the O.K.

Now... we already filed I-130 online, and this direct processing will be a physical submission via mail to embassy.

Does anyone know if we can file multiple times (assuming steps/fees are followed), and if not, how to cancel the online submission?

[Crazy Cat 41,984]

A Consulate is not authorized to accept a DCF case if an I-130 has already been filed with USCIS.  They have no discretion to do so.

Chapter 3 - Filing | USCIS

 

Edited October 5, 2023 by Crazy Cat

[Boiler 45,733]

Did you tell the Immigration Officer you had filed the I 130. What are their instructions.

[Willy988 0]

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]

 

 

Found the above online, from another post here. It doesn't explain my situation, since we filed online WHILE I was living abroad.

[Boiler 45,733]

1 minute ago, Willy988 said:

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]

 

 

Found the above online, from another post here. It doesn't explain my situation, since we filed online WHILE I was living abroad.

When you filed online you filed domestically.

[Willy988 0]

1 minute ago, Boiler said:

Did you tell the Immigration Officer you had filed the I 130. What are their instructions.

I did not yet, after seeing what @Crazy Cat said I am seeing my options before they flat out deny me. Seeing if there is some workaround.

2 minutes ago, Crazy Cat said:

A Consulate is not authorized to accept a DCF case if an I-130 has already been filed with USCIS.  They have no discretion to do so.

Chapter 3 - Filing | USCIS

 

Right, but I did not file domestically. I filed online while living in Brazil.

[Crazy Cat 41,984]

3 minutes ago, Willy988 said:

Found the above online, from another post here. It doesn't explain my situation, since we filed online WHILE I was living abroad.

Yes, it does address your situation.  You filed an I-130 domestically (to USCIS stateside) vs locally (directly to consulate).  

Edited October 5, 2023 by Crazy Cat

[Willy988 0]

Just now, Boiler said:

When you filed online you filed domestically.

I see, so before I reply to the officer, is there anything I can possibly do for my situation, or do I just have to explain the case here?

1 minute ago, Crazy Cat said:

Yes, it does address your situation.  You filed an I-130 domestically (to USCIS stateside).  

Got it, I see. So there is nothing I can do except explain the situation to the officer?

[Crazy Cat 41,984]

1 minute ago, Willy988 said:

Got it, I see. So there is nothing I can do except explain the situation to the officer?

The officer will, likely, tell you to seek an expedite from USCIS.  

[Boiler 45,733]

Never say never, I have seen Consulates do things I didn't think were possible.

 

Or more precisely I have seen people say they did, who knows?

 

It seems this officer was prepared to stretch the regulations but did not know all the details. I do not know how far they can go.

[Chancy 6,242]

20 minutes ago, Willy988 said:

So there is nothing I can do except explain the situation to the officer?

 

I won't hurt to request the consulate to accept your case for DCF, while disclosing that you have a pending I-130 already with USCIS.  Even if the consulate denies your DCF request, it won't harm your existing case, as long as you answer the consulate's questions truthfully.

 

Same with requesting an expedite with USCIS instead -- it won't hurt your case to ask, even if they deny your request.

 

[Willy988 0]

4 minutes ago, Chancy said:

 

I won't hurt to request the consulate to accept your case for DCF, while disclosing that you have a pending I-130 already with USCIS.  Even if the consulate denies your DCF request, it won't harm your existing case, as long as you answer the consulate's questions truthfully.

 

Same with requesting an expedite with USCIS instead -- it won't hurt your case to ask, even if they deny your request.

 

You're right, but the USCIS denied our case twice without ever giving us a chance to provide evidence. We have court documents, translations, and pictures of crime scenes and bank statements. Only the immigration officer at the embassy gave us a chance, which is why I am really scared to make a wrong move here. Still doing research here, seeing if there is some sliver of hope, since it was defeating to get a robot response without asking for evidence despite getting senators and such to help our case.

[Chancy 6,242]

4 minutes ago, Willy988 said:

USCIS denied our case twice without ever giving us a chance to provide evidence.

 

I can relate to the frustration of having your expedite request denied.  Ours was denied too, despite submitting pages of evidence.

 

Another option you can try is to file I-129F, if you haven't already done so.  There's no filing fee for I-129F for K3 spouse.  The I-129F K3 will almost certainly be closed, but many VJ members reported that filing I-129F may have triggered their I-130 to be reviewed and approved faster.

 

[Willy988 0]

19 minutes ago, Chancy said:

 

I can relate to the frustration of having your expedite request denied.  Ours was denied too, despite submitting pages of evidence.

 

Another option you can try is to file I-129F, if you haven't already done so.  There's no filing fee for I-129F for K3 spouse.  The I-129F K3 will almost certainly be closed, but many VJ members reported that filing I-129F may have triggered their I-130 to be reviewed and approved faster.

 

Oh really! That's awesome. Is it really free? I thought it costs money even if filed while an I-130 is pending!

[Boiler 45,733]

I am not sure it does much but it is free.