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Willy988

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

By Willy988 in Direct Consular Filing (DCF) General Discussion

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Dashinka Grand Master

Dashinka   24,466

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Filed: Citizen (apr) Country: Russia
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37 minutes ago, Willy988 said:

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.

So this is your third I130 filing?  I suppose you could withdraw that one and then ask the consulate to take the I130.

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Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
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9 minutes ago, Willy988 said:

Is it really free? I thought it costs money even if filed while an I-130 is pending!

 

Yes, free -- "There is no fee for Form I-129F petitions for classification of an alien as a spouse of a United States citizen." https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf

 

Make sure to check the correct box for "Spouse (K-3 visa)" classification, and include a copy of your I-130 receipt notice in your I-129F package.

 

Also, as mentioned above, there's no guarantee that filing the I-129F will work to nudge your I-130 case, but again, it won't hurt your case.  I suggest you file the I-129F if the consulate denies your DCF request.

 

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Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
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16 minutes ago, Dashinka said:

So this is your third I130 filing?

 

I think OP meant that USCIS denied their I-130 expedite request (not I-130 case) twice already.

 

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Boiler Grand Master

Boiler   45,427

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Filed: K-1 Visa Country: Wales
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20 minutes ago, Dashinka said:

I suppose you could withdraw that one and then ask the consulate to take the I130.

I don't know if this would work, I have seen it mentioned but not seen anyone do it and then what happened.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   41,759

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Filed: Citizen (apr) Country: Taiwan
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2 hours ago, Boiler said:

I don't know if this would work, I have seen it mentioned but not seen anyone do it and then what happened.

Some said the consulate told them to do that.......but I can't find the thread to see if it was successful.  

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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A year or so ago… someone connected to the military was able to have the consulate accept the DCF request even though they had already filed through USCIS (domestically). 
But military cases are treated differently and they’re allowed to file DCF without having to prove exceptional circumstances: 

 

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