DCF Advise - US citizen with a Russian spouse.

[ickicker3908 0]

Hello All, 

 

I'm looking for some advice regarding the possibility of a DCF filing. I've been married to my wife for 3 years living in Moscow, Russia. We want to relocate back to the US and are looking for the best path forward. We haven't filed the I-130 yet and I stumbled upon the DCF option as a viable route. I currently stay here technically on a tourist visa, it allows me 6 months in the country at a time and I only need to leave the country for 24h to reset it, so effectively I can reside here without a residence visa, just on a tourist visa. We've avoided getting a full residency visa for me as the process is very invasive and requires testing regarding history, language, and laws. It's really just a hassle that most US expat spouses avoid. 

Lately, when entering the country I've been exposed to increased questioning about my travels, any connection to the military, what I do for work, etc. and my phone has been temporarily confiscated multiple times. This is in addition to unannounced visits from the police at our address. It's all become very uncomfortable to say the least. 

 

This all being the case, would it be plausible to complete a DCF filing due to being in a dangerous living situation? What do you think?

 

 

[milimelo 4,465]

You can most certainly ask about doing DCF. Just make sure you haven't already submitted the online I-130 as they will deny DCF if you have done so. 

[Crazy Cat 41,606]

 

"This all being the case, would it be plausible to complete a DCF filing "

 

DCF is not normally available to a visitor.  You can explain your situation and ask the consulate. 

Edited April 18 by Crazy Cat

[ickicker3908 0]

6 minutes ago, Crazy Cat said:

 

"This all being the case, would it be plausible to complete a DCF filing "

 

DCF is not normally available to a visitor.  You can explain your situation and ask the consulate. 

I do have a signed rental lease from 2020 before we bought our apartment that my name is on, would that be helpful?

[Crazy Cat 41,606]

2 minutes ago, ickicker3908 said:

I do have a signed rental lease from 2020 before we bought our apartment that my name is on, would that be helpful?

Maybe...but it doesn't give you legal status as a resident.  The consulates have a lot of discretion with some things.  I would ask them.

[carmel34 3,611]

4 hours ago, ickicker3908 said:

This all being the case, would it be plausible to complete a DCF filing due to being in a dangerous living situation? What do you think?

DCF would be more likely to be approved if you had a written job offer letter with a US employer.

[Neonred 3,541]

Which embassy would you try to do this through?

[ickicker3908 0]

8 hours ago, Neonred said:

Which embassy would you try to do this through?

Not sure yet, as the embassy in Russia refuses to do anything for US citizens we will need to travel abroad. I guess I'll just spam a series of embassies and see what services are offered. 

[R&OC 370]

5 hours ago, ickicker3908 said:

Not sure yet, as the embassy in Russia refuses to do anything for US citizens we will need to travel abroad. I guess I'll just spam a series of embassies and see what services are offered. 

If I recall correctly, Warsaw is handling some of Moscows operations now. I would reach out to their visa section. Also, US Consulate in Frankfurt is very responsive. They may be able to point you into the right direction.

 

Given the ongoing war, I believe Moscow reduced their activities significantly. But US citizens have been targeted for a while and I would think this is a valid argument.

Edited April 19 by R&OC

[millefleur 5,046]

Moscow most likely would not take this case as an American choosing to live in Russia is not a life threatening situation, from what I gather you can leave at any time. They are not doing any immigrant visa processing right now except in "life or death scenarios" which your case doesn't fit. 

 

You can try to reach out to Warsaw or Frankfurt and see what they say. DCF is now only available via "exceptional circumstances" with short notice job offer/relocation being the common one and usually the American has to have real residency in the country abroad (for example Moscow used to require work visa or residency when they offered DCF, a tourist visa did not qualify.) It seems unlikely they would consider an American choosing to live in Russia as something exceptional but you can try. Please update us on what you hear back if you contact them.

[Nel99 1]

I think you should find yourself a job in the US, that starts relatively soon (like in the next 2 - 3 months) and once you have a job offer, you contact the consulate explain that you have a job opportunity starting soon in the US, and would like to apply for DCF for your wife, and that should do it. 

You have to prove that you are resident in that country though (they normally don't care about your residency status, meaning legally). If you have pay stubs from your job there, leases, businesses, and of course your migratory record would be great help to prove that you reside in that country. 

Good luck!! 

[Crazy Cat 41,606]

15 minutes ago, Nel99 said:

they normally don't care about your residency status, meaning legally)

The OP is a visitor in Russia.  He is not a resident there.

 

Chapter 3 - Filing | USCIS

 

"DOS may not exercise discretion to accept local filings in certain scenarios. USCIS does not authorize DOS to accept a local filing abroad when a petitioner based in the United States seeks to travel and file abroad in order to expedite processing. DOS acceptance of Form I-130s abroad is intended to assist petitioners living abroad who demonstrate exceptional circumstances as described above."

Edited April 27 by Crazy Cat

[Nel99 1]

6 minutes ago, Crazy Cat said:

The OP is a visitor in Russia.  He is not a resident there.

 

Chapter 3 - Filing | USCIS

 

"DOS may not exercise discretion to accept local filings in certain scenarios. USCIS does not authorize DOS to accept a local filing abroad when a petitioner based in the United States seeks to travel and file abroad in order to expedite processing. DOS acceptance of Form I-130s abroad is intended to assist petitioners living abroad who demonstrate exceptional circumstances as described above."

Exactly, there it says"... Petitioners living abroad... ", he's been living there for a number of years and his migratory record should prove that. It doesn't say petitioner must be a legal resident or citizen abroad. There are lots of cases in this forum that prove my point. 

[millefleur 5,046]

2 minutes ago, Nel99 said:

Exactly, there it says"... Petitioners living abroad... ", he's been living there for a number of years and his migratory record should prove that. It doesn't say petitioner must be a legal resident or citizen abroad. There are lots of cases in this forum that prove my point. 

DCF in Moscow required actual residency or work visa, a tourist visa did not qualify you to file for it. I knew people who were turned away from DCF because they only had tourist visas.

 

So I don't know what Warsaw or other embassies would require but tourist visa seems highly unlikely. He should consider contacting the embassies first and seeing if they'll even take someone "living" in Russia on a tourist visa. Since DCF is for "exceptional circumstances" if he's just choosing to stay there as an extended tourist coming in and out, it seems somewhat unlikely they would consider it. However, doesn't hurt to contact and see what they say.

[Nel99 1]

Well at the end of the day it's basically the consular officer's discretion, so yes, it won't hurt if he to contacts the consulate and asks them directly.