Jump to content
marvin89

Request to file DCF when not offered in your country

 Share

5 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Ireland
Timeline

Hi there,

My husband and I currently live in Ireland, which doesn't offer direct consular filing. I'm the US citizen and am trying to get us over as soon as possible to help care for an ill family member. The website says you can request for an exception to file at the nearest field office, ours being London.

I however cannot reach anyone by phone or email at either the Dublin or London embassies to speak with someone about this.

Has anyone been granted an exception to file at the London field office or know how to go about it?

Any help would be great! thank you!

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

You'd need to show how having your spouse there more quickly is needed.   Being apart isn't fun but it's often a fact of life for those filing a spouse petition.  You can contact the immigration liaison in your US Senators' offices.   Perhaps their inquiry can make a difference.  

 

File the petition with your residence as Ireland.  That can speed up the process and get your file to the embassy in less time.  

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites

London doesn't take phone calls, only emails unfortunately. I never had reason to contact them so I cannot comment on the speed of the reply or anything but others have so they may be able to provide information on that. 

 

However, I have to say that your request to file via DCF for this reason is unlikely to succeed. The response is likely to be that there is nothing stopping you from returning to the USA at any time. As a USC you can get on a plane tomorrow to care for your relative. Yes, that will mean you have to spend time apart but that's how many people get through this. And your husband can visit from time to time also. Also, what care are you providing? Are you a qualified doctor or nurse or will you just be doing basic care such as feeding, dressing, etc? This can be done by anyone. This is the way they will see it. Not trying to be callous, just telling you what is likely to happen. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

I believe the wording (for reference to others) is this:

If you live in a country where USCIS do not have an office, and you believe that exceptional circumstances justify filing your petition overseas, please go to the nearest U.S. Embassy or consulate, with evidence of exceptional circumstances, to make your request to file. The consular section will contact USCIS to request permission to accept your petition overseas. If your request is denied, you will need to file with the Chicago Lockbox.

 

To file at an embassy that doesn't have a USCIS field office, there needs to be exceptional circumstances, which is a very high bar. I don't think an ill family member would qualify, especially since you could travel and care for him/her by yourself (or hire a professional to do so). Exceptional circumstances are generally on the scale of imminent and severe medical issues affecting the beneficiary, severe risk to well-being, extreme hardships, etc.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Indeed. For example, if it were your child that was facing "life or death" medical issues in the USA, this would be considered an exceptional circumstance. But unlikely for a sick relative. Or if the USC is required to return to the USA at short notice on a company order or transfer (and not doing so would result in loss of job which would cause extreme hardship to the family). My husband's parents both died during our visa journey and I wasn't there for either event. It's unfortunate but that's life. It's never fair. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...