michela

Update: DO NOT DO THIS. Apparently even withdrawing it doesn't make a difference I am upset (and feel very stupid) for having done this. I tried it, here's the reply I got: Your request has been reviewed by the Department of State and unfortunately, we cannot accept your request to file your petition in X. USCIS does not authorize the Department of State 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.

Does anyone know if there is a facility for submitting the I-130 via post or must it be done by the US citizen spouse in person at the Embassy? My new job wants me to start very quickly - worried that I may need to fly to the US before I can submit the I-130 (worst case scenario, I fly back for the appointment but obviously that's a huge expense). Thanks in advance.

I was in a similar situation and from my reading my understanding is that you have to withdraw the petition filed with USCIS in the US and then apply for exceptional circumstances in the UK for DCF. Therefore if the exceptional circumstances is refused, you have to start again from 0 with the I-130 with the USCIS in the US. So it's quite the risk if you've filed a while ago.

Thanks all for your replies. I decided it wasn't straightforward enough and had gotten agreement from my job to work remotely from the US and instead submitted a request on that basis. Which was rejected.

The other option is that I can get a job in the US and we can apply under exceptional circumstances - relocation due to work. But that's obviously dependent on me getting a job. I'm trying to find out if it is actually true that we have only one shot at requesting DCF or not.

Hello I am a US citizen living in the UK and am planning to move back to the USA with my spouse (UK and Peruvian citizen) and children (US citizens). We would like to do DCF under exceptional circumstances - however I am wondering whether significant mental health difficulties would count for this? We are primarily moving to the US to have the support of my family nearby as I have been suffering from extreme agoraphobia and panic attacks. I have had various types of therapy over the past year. I consider my illness to be debilitating - it limits my ability to leave the house, work outside of the home, drive, etc. It is not, however, life threatening. I have read that we only have one shot at DCF under exceptional circumstances. I've been reading the forums to see whether others have applied with similar situations - cannot find anything relevant. Is it worth applying? Thanks in advance.