DCF, Exception Merited

[jbbuck 6]

Hi everyone,

I have been researching Direct Consular Filing (DCF). Unfortunately, I cannot "file Forms I-130, Petitions for Alien Relative, with the U.S. Embassy" or consulate in Ecuador unless I "believe that (my) situation merits an exception". What types of situations/circumstances would merit an exception?

I've seen on other sites that DCF may be considered in the following situations; "members of the military, emergency situations, situations involving the health or safety of the petitioner, when in the national interests of the U.S." Are there other possible situations that would merit an exception? I'm looking for more specifics that might help me to build a strong case for acceptance of my request. Like, what types of emergency, health or safety situations might make a strong case? Does being a government employee help? (I'm a U.S. Peace Corps Volunteer).

Thanks!

[7Ken 15]

Our "exception" was I the US citizen live here in the Philippines.

They say if you're a resident of at least 6mths and can show it that is sufficient.

Personally I have a 13a (visa) permanent resident stamp in my passport. I also provided a lease with both mine and my wife's name on it. A joint bank account and my name on my wife's government insurance.

Different countries have different policies, some easier, some harder, but for most if the US citizen can show residence for 6 months that is sufficient.

Hope this helps & Good Luck!

Edited March 24, 2016 by 7Ken

[Cheyenne5044 6]

I am also a PC volunteer (in Peru) and since we "live" in country, all that is needed is 6 months living in the country to do DCF. Again just check with your local consulate to confirm but that's the norm. Good luck!

[awaywego 28]

Because the Philippines and Peru (and Germany) have USCIS field offices, they offer DCF to USCs meeting the residency requirements. In the case that a USC lives in a country without a USCIS field office, the papers are instead sent to the Chicago lockbox. However, if there are exceptional circumstances that merit speedier processing, that person can request to be allowed to DCF.

I'm sorry that I don't know much about those circumstances, so can't actually answer the question, but hopefully this bit of clarification helps moving forward.

[Anh map 2,098]

What circumstances apply to you that seem "exceptional?"

Rather than fishing in a bottomless well of information please give your circumstances and why they would merit special consideration. That should give you better feddback.

Our "exception" was I the US citizen live here in the Philippines.

They say if you're a resident of at least 6mths and can show it that is sufficient.

Personally I have a 13a (visa) permanent resident stamp in my passport. I also provided a lease with both mine and my wife's name on it. A joint bank account and my name on my wife's government insurance.

Different countries have different policies, some easier, some harder, but for most if the US citizen can show residence for 6 months that is sufficient.

Hope this helps & Good Luck!

Only a few embassies around the world offer DCF. So for most it is not an option no matter how long they may have lived in country.

[Penguin_ie 5,986]

Exceptions in cases where there is no USCIS office in the embassy are extremely difficult to get approved. Usually it is a case where war breaks out, or a major natural disaster such as earthquake or hurricane with great loss of life and damage to infrastructure.

[jbbuck 6]

Thanks for the responses. I just found a Policy Memorandum (PM 602-0043.1) that gives some examples of exceptional circumstances. Our situation is similar to that described in example 2. Anyway, thanks again!

(1) Military emergencies: A U.S. service member abroad becomes aware of a new deployment or transfer with very little notice. This exception applies in cases where the US service member is provided with exceptionally less notice than would normally be expected by most service members in his or her position.

(2) Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes the situation where a petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child.

(3) Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety.

(4) Close to aging out: A beneficiary is within a few months of aging out of eligibility.

(5) Petitioner has recently naturalized: The petitioner and family have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new, stand-alone petition.

(6) Adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country. This exception should only be considered if the child has been in the petitioner’s legal and physical custody for at least two years and the petitioner has a full and final adoption decree on behalf of the child.

(7) Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf