Should we have filed with DCF?!

[superjim 10]

So we recently submitted our cr1 and i-130 applications using the rapid visa service.  My wife, US citizen, who is sponsoring me, resides in the UK with me on a permanent basis (Leave to remain).

 

We submitted the forms and we received the NOA1 from the Texas Service Center.  Looking at the horrific times the TSC is taking to process i-130's I noticed that some Cr1s had been processed very quickly using DCF through London-  Should we have filed this way?!  We basically went along with what we were told by rapidvisa.  They advised that using my wifes family home address in the states would be better (effectively told us that we couldnt really file unless she used that address).  Have we gone down the wrong path?!

 

A little worried and will be a bit pee'd off if we could have done it quicker and simpler via DCF in London.

Advice appreciated...!

[JFH 12,190]

Oh goodness what a mess Rapidvisa have caused! 

 

You absoluteky could have done fine the DCF route through London - it is there for couples in exactly your situation. Now you are facing a total processing time of around 12-14 months and it would be less than half that through DCF in London. 

 

I don't know if you have a case to get a refund from Rapidvisa on the basis of inaccurate advice. But I would certainly look into that and file with London instead.

 

Any reason you used Rapidvisa? I think the only time they are useful is for cases where neither the petitioner nor the beneficiary speaks sufficient English to understand the forms and needs someone to give the forms a once-over just to be sure. Kind of like the passport check and send service at the post office in the U.K. Totally unnecessary and doesn't make the process any quicker or increase the chances of success. 

[superjim 10]

2 minutes ago, JFH said:

Oh goodness what a mess Rapidvisa have caused! 

 

You absoluteky could have done fine the DCF route through London - it is there for couples in exactly your situation. Now you are facing a total processing time of around 12-14 months and it would be less than half that through DCF in London. 

 

I don't know if you have a case to get a refund from Rapidvisa on the basis of inaccurate advice. But I would certainly look into that and file with London instead.

 

Any reason you used Rapidvisa? I think the only time they are useful is for cases where neither the petitioner nor the beneficiary speaks sufficient English to understand the forms and needs someone to give the forms a once-over just to be sure. Kind of like the passport check and send service at the post office in the U.K. Totally unnecessary and doesn't make the process any quicker or increase the chances of success. 

Oh gosh.  Thats not what I was hoping to hear.

 

They literally told us to change her mailing address so they KNEW she was living here with me.

Has anyone ever cancelled an i-130 and re-filed it?  Is it possible?

 

We only got our NOA1 about a 6 weeks ago, is it worth cancelling and starting again?

 

[Boiler 45,794]

DCF london last time I looked takes a few months compared to a year or so.

they screwed it up, get them to sort it out.

[acidrain 325]

I am sorry to hear you are going through this ordeal. I can only speak to what I have observed. I just had my i130 approved at Nebraska (after 287 days) and I was astounded at how slow the process is! While I would not expect Texas to be that slow from what I have seen cases are taking anywhere from 6-7 months for an i130 approval. You throw in NVC processing and consulate processing and you are looking at a normal time of 12-14 months until you have a green card in hand.

 

I cannot say for certain but it used to be applications from abroad were expedited based on what foreign address was used. I have not seen anything to suggest this is being done anymore. I am not sure when this approach changed or why. The fastest applications are at Potomac with about 5-6 months and Texas is about 6-7 months. Although I have seen some Texas i130's taking up to 8 months. I wish I could say USCIS processes all applications in the date they receive them. However, some people will get processed faster than others. It is impossible to say whether you will be finished in 6 months or have to wait 8 months.

 

If DCF were an option for us I would have taken it in a heart beat as the wait is long and painful. Factor in any chance of a RFE (request for evidence) and the process takes even longer. Is it possible for you to follow up with the UK consulate directly to see if you can have your i130 transferred and adjudicated there? Perhaps they can offer some direction on your case.

Edited November 26, 2017 by acidrain

[Ryan H 3,818]

It is possible to withdraw what was filed and file again at the field office in London.

 

BUT

 

You are out the filing fee already paid, so any applicable filing fees would need to be paid again.  As for rapidvisa giving you a bum steer, that's something you would have to pursue with them directly or take to small claims (if you feel that strongly about it).

[superjim 10]

Ok,  so this confirms what we feared.

 

We used rapidvisa as we thought it was a better way to ensure whatever we filed was done correctly.  We had done all the filing for Kiara's visa when she moved from the US to the UK ourselves and we didnt fancy doing it again (we got a couple of RFE's and the delays were killer).

 

I asked rapidvisa directly if we should be filing via DCF and they fobbed us off with bad advice.  I have raised an official complaint with them (spoke to a member of their team online who literally said "Not sure what you want me to do about it"!!!!).

It seems we were/are eligible for DCF.  I am going to email the USCIS office in London to ask for advice (anyone got experience getting info from them?).

 

It feels as though we are early enough in the process for it to be worthwhile cancelling the application and re-applying in London.  I would hope that we can get some, if not all, of the fee we paid Rapidvisa back, that might cover having to re-pay the I-130 fee.  Even if we dont, I think the $535 fee is worth potentially shaving 6 months off the process time.

Are there any reasons why we WOULDN'T be eligible for DCF?  (Wife is USC, living here on "Leave to Remain" with a permanent resident permit card, we were married in June 2016).

Really appreciate the advice guys (even if its not what I wanted to hear!!!!

[Hypnos 6,577]

I doubt you have any recourse against RapidVisa; if anything, their involvement is another example of the risks you run when engaging in a service like that. 

 

As stated, you can withdraw the already-filed I-130 and pursue DCF yourself. You would have the visa in a handful of months, compared to a year or longer which is what it will take using the traditional filing method. 

Edited November 26, 2017 by Hypnos

[JFH 12,190]

25 minutes ago, acidrain said:

 

 

If DCF were an option for us I would have taken it in a heart beat as the wait is long and painful. Factor in any chance of a RFE (request for evidence) and the process takes even longer. Is it possible for you to follow up with the UK consulate directly to see if you can have your i130 transferred and adjudicated there? Perhaps they can offer some direction on your case.

Their situation is different, though. You and I would have done anything to speed up the process as we were/are thousands of miles apart from our spouses. DCF cases are where the couple is (usually) already living together in another country. So they are not dealing with the separation and don't have that feeling of wanting to be together that we had/have. For many DCF cases, the rush is often due to work or the USC's visa being about to expire. In some cases there is no rush at all as they have already achieved the aim that we wait a long time for - to be together. 

 

So, if DCF had applied to us I would have made use of it but not because the wait would have been painful without it. That said, had DCF been applicable to us we wouldn't even be going through the process as our first choice was, and still is, to live in the U.K. 😀

[JFH 12,190]

5 minutes ago, superjim said:

Are there any reasons why we WOULDN'T be eligible for DCF?  (Wife is USC, living here on "Leave to Remain" with a permanent resident permit card, we were married in June 2016).

Really appreciate the advice guys (even if its not what I wanted to hear!!!!

I see no reason at all. There is really only one criteria - the USC has to be living in the U.K. And you have that. 

 

Edited to add add that I wouldn't bet the farm on getting any money back, see it as a bonus up you do. But you might think the extra cost is worth bearing if you are in a rush to get your visa.

 

RapidVisa - how ironic that they recommended the slowest route to you.

Edited November 26, 2017 by JFH

[superjim 10]

Just now, JFH said:

Their situation is different, though. You and I would have done anything to speed up the process as we were/are thousands of miles apart from our spouses. DCF cases are where the couple is (usually) already living together in another country. So they are not dealing with the separation and don't have that feeling of wanting to be together that we had/have. For many DCF cases, the rush is often due to work or the USC's visa being about to expire. In some cases there is no rush at all as they have already achieved the aim that we wait a long time for - to be together. 

 

So, if DCF had applied to us I would have made use of it but not because the wait would have been painful without it. That said, had DCF been applicable to us we wouldn't even be going through the process as our first choice was, and still is, to live in the U.K. 😀

Sadly, for us, the wait may well mean time apart for us!  My wife has been accepted onto a post grad university program that starts in a few months.  Anything over 6 months and we will be seperated.  So DCF would really help us in this situation.

[Boiler 45,794]

What should they do about it?

 

Seriously?

 

Fix their ####### up at their cost.

[JFH 12,190]

11 minutes ago, superjim said:

Sadly, for us, the wait may well mean time apart for us!  My wife has been accepted onto a post grad university program that starts in a few months.  Anything over 6 months and we will be seperated.  So DCF would really help us in this situation.

So the timing should be just right for you!

 

Anything that avoids or reduces the time apart is worth it, in my opinion. The longest we were apart was 8 months as I was unable to travel due to my medical condition and it was awful. And there are people here who have had longer times apart. 

[acidrain 325]

Thank you for your insight @JFH. You allowed me to see things from a different viewpoint. The rules feel so ridiculous. Especially for couples who are miles apart. I hope for this couple they do not find themselves in the same set of circumstances as we did. So far my spouse and I have spent 8 months apart along with our son. We have managed but running two households is not cheap and the distance is trying.

 

Would it matter if the petitioner moves to the US after filing DCF? For instance if DCF is not finalized before the USC moves would that be an issue?

 

If they continue the petition abroad they will be in the same circumstances we find ourselves in. You aren't supposed to spend more than a short period of time (often 1-2 weeks) visiting your spouse in the US while the petition is pending. Airfare from the UK is obviously costly. It's also very difficult to put your life on hold while you wait for the green card. As JFH stated " anything that avoids or reduces the time apart is worth it".

[Caterpillar8 62]

I got a similar but different situation here, we hired an attorney to start and followed our case CR1, we both live together (US Citizen and Spouse Beneficiary) abroad, however, when the asked to the paralegal if we could file DCF we have been told by the paralegal that it is not possible blah blah blah so we said whatever and we just filed for Nebraska (we were in the US when we filed but now overseas). However, we're fine with Nebraska because we have some things to finish abroad (school, work) so if we actually have done DCF we would have gotten the Immigrant visa too early, so we decided to stick with Nebraska. If you really have nothing else left to do in the UK and you are ready to move in the US already just get in touch with USCIS in London, but I believe most likely you have to repay the fees. I understand the use of rapidvisa to ensure all the docs and filings are correct, which is the same reason we got an attorney as well.