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ickicker3908

DCF Advise - US citizen with a Russian spouse.

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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?

 

 

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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. 

ROC 2009
Naturalization 2010

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Filed: Citizen (apr) Country: Taiwan
Timeline

 

"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 by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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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?

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Filed: Citizen (apr) Country: Taiwan
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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.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Brazil
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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.

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Filed: Citizen (apr) Country: Russia
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Which embassy would you try to do this through?

If at first you don't succeed, then sky diving is not for you.

Someone stole my dictionary. Now I am at a loss for words.

If Apple made a car, would it have windows?

Ban shredded cheese. Make America Grate Again .

Give a man a fish and he will eat for a day.  Deport him and you never have to feed him again.

I started out with nothing, and I still have most of it.

I went bald but I kept my comb.  I just couldn't part with it.

My name is not Richard Edward but my friends still call me DickEd

If your pet has a bladder infection, urine trouble.

"Watch out where the huskies go, and don't you eat that yellow snow."

I fired myself from cleaning the house. I didn't like my attitude and I got caught drinking on the job.

My kid has A.D.D... and a couple of F's

Carrots improve your vision.  Alcohol doubles it.

A dung beetle walks into a bar and asks " Is this stool taken?"

Breaking news.  They're not making yardsticks any longer.

Hemorrhoids?  Shouldn't they be called Assteroids?

If life gives you melons, you might be dyslexic.

If you suck at playing the trumpet, that may be why.

Dogs can't take MRI's but Cat scan.

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Filed: IR-1/CR-1 Visa Country: Germany
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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 by R&OC
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Filed: Citizen (apr) Country: Russia
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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.

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

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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!! 

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Filed: Citizen (apr) Country: Taiwan
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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 by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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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. 

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Filed: Citizen (apr) Country: Russia
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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.

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

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