Preparing a request for Consulate to take over case

[RABBITDANCE 0]

History:  I have filed an online I-130 and have been waiting 10 months so far.  The expected time frame online was recently updated to an additional 4 months, which could mean 4 months or possibly much longer.  My wife has, since we applied, moved in with me in Germany where I live for work purposes (though I maintain domicile in the USA).  We have not updated the address for her on the I-130, however, because we were advised in this forum to not do that.  I'm now considering ways to expedite the I-130 by a request to the US Consulate in Germany. 

 

Question 1:  If I have to obtain a job offer in the United States, instead of Germany, this would put my family at risk of being separated. This is because my wife is only allowed to live with me in Germany due to our SOFA status, but if am forced to take a job in the United States, our home would be broken and she would have to go back to her home country and I would have to go to the USA to work.  This is a likely scenario as my current contract is ending in about a year.   If this job offer happens, and I email the US Embassy in Germany to request they take over our case from the online system based on the job offer in the USA, would that likely be accepted by them and expedite the processing of the online I-130 and allow my wife to interview in Germany as she is already here?   And if they accept the case, what happens if, AFTER they take on the case I decide to not accept the job offer in the USA, and instead continue with my current position in Germany to the contract end, hoping it lasts beyond the current contract? This is the nature of contracting work, where I may have to get job offers and then decline them, so it's a very legitimate and common scenario I'm describing.

 

Question 2: As another approach to expedite the I-130, if I don't have a job lined up in the USA yet, could I simply email the US Embassy in Germany and request them to take over the case and expedite the I-130 approval based on some other basis, such as the political instability problems in her home country (a tough sell but the case could be made by attaching some news articles), or something else they would consider a valid extenuating circumstance?

 

We also explored other ideas to expedite the I-130 such as filing an I129f but decided the paperwork was too time consuming relative to the low chance it would help. However, any other suggestions would be appreciated.  We'd like to get this I-130 approval before possible political changes might ban my wife from immigrating to the US due to her home country's "Islamic" status, as Islamic county ban may come into effect before our I-130 is approved.

 

Thank you for your kind assistance.

 

 

 

Edited October 6 by RABBITDANCE

[milimelo 4,475]

They're not going to accept DCF when you have I-130 pending. Try the expedite or wait it out. 

[RABBITDANCE 0]

38 minutes ago, milimelo said:

They're not going to accept DCF when you have I-130 pending. Try the expedite or wait it out. 

Waiting it out could take an additional year as they will likely extend it beyond the promised 4 more months, and they there could be  months further delay in having the case changed to Germany.  When you say DCF, you probably mean applying by paper directly to the consulate, but that is not what I'm asking about.  I talking about expediting consular routing in the normal online I-130 process.

[powerpuff 6,674]

*** Thread moved to IR1/CR1 forum as OP clarified this isn’t a DCF question but an expedite question ***
 

Consulate isn’t going to expedite something that is still with USCIS. They don’t have “jurisdiction” over it and what you’re asking about essentially sounds like a request to make a case that is with USCIS a DCF case. You’re free to try of course but I’m pretty sure they will email back saying you need to contact USCIS. 

 

Standard processing time for I-130 is 12-14 months. I sympathize with you but separation is a normal and expected part of US immigration that most of us have had to experience and wait out. USCIS and the consulate will not care about that. I have known people who live in war zones who had their expedites denied so political instability and a news article about that won’t do much. Neither will a hypothetical scenario about another travel ban. 

[Dashinka 24,477]

3 hours ago, RABBITDANCE said:

Waiting it out could take an additional year as they will likely extend it beyond the promised 4 more months, and they there could be  months further delay in having the case changed to Germany.  When you say DCF, you probably mean applying by paper directly to the consulate, but that is not what I'm asking about.  I talking about expediting consular routing in the normal online I-130 process.

I130s go through 3 stages, USCIS, NVC, then consulate.  To request an expedite you have to send it to the location that currently has the petition, in your case USCIS.  At @powerpuff stated, the consulate has no authority over USCIS, but you can send an expedite request to USCIS.

[KMG 125]

8 hours ago, RABBITDANCE said:

History:  I have filed an online I-130 and have been waiting 10 months so far.  The expected time frame online was recently updated to an additional 4 months, which could mean 4 months or possibly much longer.  My wife has, since we applied, moved in with me in Germany where I live for work purposes (though I maintain domicile in the USA).  We have not updated the address for her on the I-130, however, because we were advised in this forum to not do that.  I'm now considering ways to expedite the I-130 by a request to the US Consulate in Germany. 

 

Question 1:  If I have to obtain a job offer in the United States, instead of Germany, this would put my family at risk of being separated. This is because my wife is only allowed to live with me in Germany due to our SOFA status, but if am forced to take a job in the United States, our home would be broken and she would have to go back to her home country and I would have to go to the USA to work.  This is a likely scenario as my current contract is ending in about a year.   If this job offer happens, and I email the US Embassy in Germany to request they take over our case from the online system based on the job offer in the USA, would that likely be accepted by them and expedite the processing of the online I-130 and allow my wife to interview in Germany as she is already here?   And if they accept the case, what happens if, AFTER they take on the case I decide to not accept the job offer in the USA, and instead continue with my current position in Germany to the contract end, hoping it lasts beyond the current contract? This is the nature of contracting work, where I may have to get job offers and then decline them, so it's a very legitimate and common scenario I'm describing.

 

Question 2: As another approach to expedite the I-130, if I don't have a job lined up in the USA yet, could I simply email the US Embassy in Germany and request them to take over the case and expedite the I-130 approval based on some other basis, such as the political instability problems in her home country (a tough sell but the case could be made by attaching some news articles), or something else they would consider a valid extenuating circumstance?

 

We also explored other ideas to expedite the I-130 such as filing an I129f but decided the paperwork was too time consuming relative to the low chance it would help. However, any other suggestions would be appreciated.  We'd like to get this I-130 approval before possible political changes might ban my wife from immigrating to the US due to her home country's "Islamic" status, as Islamic county ban may come into effect before our I-130 is approved.

 

Thank you for your kind assistance.

 

 

 

WOW. I felt like I was reading about myself this morning.  I filed 10 months ago (December 2023) for my Honduran husband and have been waiting also, which is all we can do at this point.  The other responses are correct, you  can't just change to DCF.  I have to give notice to my school I teach at (here in Honduras) within the next month as to whether or not I am returning the following school year.  In the mean time, we also have political unrest here that has my husband and I nervous about the US Embassy here in relations to Honduras... (probably over thinking it).  We came up with a plan to not become separated at all or if separated, for a very short time, but it will require a joint sponsor. The immigration process is not for the weak for sure- and I have found that sometimes overthinking every little detail makes it worse.  You can submit an expedite request, because it is free, or just wait it out, because the time is approaching for your I130 to be approred very soon!

[pushbrk 12,867]

10 hours ago, RABBITDANCE said:

Waiting it out could take an additional year as they will likely extend it beyond the promised 4 more months, and they there could be  months further delay in having the case changed to Germany.  When you say DCF, you probably mean applying by paper directly to the consulate, but that is not what I'm asking about.  I talking about expediting consular routing in the normal online I-130 process.

Nobody has promised anything.  It's too late for DCF.  You could try an expedite request through USCIS, but even if that works, "expedited" doesn't mean what you would naturally think it means.  At this stage, it's unlikely to save time.  You do not have any special circumstance to justify an expedite, (to jump ahead of others in line ahead of you).  It's free to try, but I expect it will be a waste of your time.

[appleblossom 2,434]

15 hours ago, RABBITDANCE said:

History:  I have filed an online I-130 and have been waiting 10 months so far.  The expected time frame online was recently updated to an additional 4 months, which could mean 4 months or possibly much longer. 

 

Ignore the estimated processing time, it's notoriously unreliable. 14 months is about the norm for I-130's, so if you filed in August 2023, you'd expect to hear back around the end of the year. If you want to move in a year, then your timing should be about right, assuming your wife doesn't get put in to Admin Processing (what is her home country?). 

Edited October 6 by appleblossom

[TiffAndMike 54]

If you've been waiting for 10 months now, I'd assume that you are a November or December filer then?

 

I'm a December filer myself (priority date Dec 7) and I too have been waiting 10 months. So trust me, I'm just as flusterated as you are. I hate being separated from my husband who happens to be  German. 

 

I know when we both filed, it was only taking 11 months at the time.  Unfortunately, USCIS has decided to prioritize other petition types over I-130's. It sucks but there is nothing we can do about it.  

 

I can tell you from personal experience that even if you put in an expidited request, USCIS will not look at it anytime soon nor will they approve it. 

I tried for an expidited request for medical reasons back in March and they denied it MONTHS later.  And I BARELY did not qualify for it. Your situation will definitely not qualify for it. 

 

You and I are getting closer to our approvals and eventually they will happen. Believe me, I know this waiting is awful. 

[appleblossom 2,434]

20 hours ago, TiffAndMike said:

Unfortunately, USCIS has decided to prioritize other petition types over I-130's.

 

Are you sure that's the reason, where have you seen that? I'd be surprised if that is the case as immediate relative I-130's are normally given priority. I assumed it was just because of an increase in applications due to the fee increase in early 2024 (people rushing to apply before prices went up so now they have far more cases than usual to get through). 

Edited October 8 by appleblossom

[OldUser 6,601]

41 minutes ago, appleblossom said:

 

Are you sure that's the reason, where have you seen that? I'd be surprised if that is the case as immediate relative I-130's are normally given priority. I assumed it was just because of an increase in applications due to the fee increase in early 2024 (people rushing to apply before prices went up so now they have far more cases than usual to get through). 

N-400s are decided way faster than usual. Refugees are getting work authorization docs way faster than they used to.

[TiffAndMike 54]

21 hours ago, appleblossom said:

 

Are you sure that's the reason, where have you seen that? I'd be surprised if that is the case as immediate relative I-130's are normally given priority. I assumed it was just because of an increase in applications due to the fee increase in early 2024 (people rushing to apply before prices went up so now they have far more cases than usual to get through). 

Go to USCIS's website and you will see it for yourself.  You will see how certain petitions have drastically speed up while others have drastically slowed down. 

 

Sign up for emails from USCIS and you will recieve all kinds of emails about what they are now implementing. 

 

And look on government websites pertaining to Homeland Security. You will see where it clearly states that USCIS decides where to allocate it's own staff.

 

It isn't because of the application fee going up.  They have been giving priority to cranking out new voters, granting work permits and dealing with all of Biden's immigration executive orders. 

 

Have you not noticed that every single time there is a new executive order by Biden pertaining to immigration that our wait times go further up?

 

Those are the absolute reasons why they are taking so long.  They don't care about us. 

[appleblossom 2,434]

4 hours ago, TiffAndMike said:

Go to USCIS's website and you will see it for yourself.  You will see how certain petitions have drastically speed up while others have drastically slowed down. 

 

Sign up for emails from USCIS and you will recieve all kinds of emails about what they are now implementing. 

 

And look on government websites pertaining to Homeland Security. You will see where it clearly states that USCIS decides where to allocate it's own staff.

 

It isn't because of the application fee going up.  They have been giving priority to cranking out new voters, granting work permits and dealing with all of Biden's immigration executive orders. 

 

Have you not noticed that every single time there is a new executive order by Biden pertaining to immigration that our wait times go further up?

 

Those are the absolute reasons why they are taking so long.  They don't care about us. 

 

Of course USCIS decide where to allocate their staff. But applications have increased hugely which has an impact, I don't understand why anybody would think that's not relevant. 

 

It may be taking a little bit longer (about 2 months longer) than it used to, but if you go back a few years it was MUCH longer. It's actually sped up a lot in the past few years. 

[TiffAndMike 54]

2 hours ago, appleblossom said:

 

Of course USCIS decide where to allocate their staff. But applications have increased hugely which has an impact, I don't understand why anybody would think that's not relevant. 

 

It may be taking a little bit longer (about 2 months longer) than it used to, but if you go back a few years it was MUCH longer. It's actually sped up a lot in the past few years. 

It's not 2 months longer. It is 5 to 6 months longer. According to when I applied, my case was supposed to of been adjudicated next month and now the estimate is the end of February.  I even have an email from USCIS that states it is now taking 15.5 months. 

 

And you can go look for yourself on the USCIS website, it clearly shows how some petitions have speed up while others had drastically slowed down. 

 

https://egov.uscis.gov/processing-times/historic-pt

[RABBITDANCE 0]

On 10/6/2024 at 10:07 PM, pushbrk said:

Nobody has promised anything.  It's too late for DCF.  You could try an expedite request through USCIS, but even if that works, "expedited" doesn't mean what you would naturally think it means.  At this stage, it's unlikely to save time.  You do not have any special circumstance to justify an expedite, (to jump ahead of others in line ahead of you).  It's free to try, but I expect it will be a waste of your time.

Thanks for the info.  When I posted my question our estimated timeframe had been changed from unknown to 4 months, then it changed to 3 months, and today I logged in and it has changed to 12 months!  This is after we have already been waiting 10 months. We're now facing a situation where she will be expelled from Germany due to the German government's opinion that no real progress is being made in her getting a green card, and we'll become separated for years and our home will be broken.  So in light of this dramatic change in timeframe, what would you advise?  Is it worth requesting to expedite through USCIS or will that not likely change anything?  Should I contact a congressional representative?  Should I sue them?