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dagreen95

Request to Receive Permision to File Form I-130 at USCIS-Rome or Madrid Embassy- U.S. Citzen-Spanish Resident- Exceptional Circumstances

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I have been lving in Spain for the past 13 years and am married a Spanish woman. I have only two months before I start a job in the States and know that the process is faster if I apply DCF. Since Spain does not allow this, I want to see if they can allow me to apply at the USCIC- rome office or at the Madrid Embassy. I found the following memo that states that short-notice job relocations can be used as an exceptional factor. Link

What do you think? Below is a draft of my email.

Dear Officer,

I am writing for permission for me to file Form I-130, Petition for Alien Relative, at the USCIC- Rome Field Office or at the Madrid Embassy. I am a U.S. Citizen who has been a legal resident in Barcelona, Spain since 2006 and am married to a Spanish citizen since December of 2013. Recently, my employer has provided me with short notice about a job relocation within the same company to the United States. I am assuming that my request can be granted as my exceptional circumstances follow those listed in USCIS Policy Memo PM-602-0043.1 (attached).

Can I file my I-130 in USCIC-Rome or in Madrid? Can I submit the form personally in the office after obtaining an Infopass appointment or by post?

Regards,

Daniel

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Take out the part about the Rome field office, it's a nonstarter because you don't reside in Italy. If USCIS decides that your situation merits an exceptional filing, they will direct you to the Embassy in Madrid.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Thank you. I will make the adjustment and send it by email. What do you think my chances are?

50/50


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I sent the email to Madrid on Sunday night and Monday was a holiday. To my surprise, I already received a response on Tuesday morning. Wow, that was fast!

It looks like my chances to CDF are improving.

Dear Mr. Green:

We need you to include a scanned copy of your employment letter with the information about the relocation, so we can send it to the USCIS in Rome and request the authorization for a Consular Direct filling.

Regards.

IV Unit Madrid.

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I sent the email to Madrid on Sunday night and Monday was a holiday. To my surprise, I already received a response on Tuesday morning. Wow, that was fast!

It looks like my chances to CDF are improving.

Dear Mr. Green:

We need you to include a scanned copy of your employment letter with the information about the relocation, so we can send it to the USCIS in Rome and request the authorization for a Consular Direct filling.

Regards.

IV Unit Madrid.

Great response time! But, to add a little bit of realism -- this is just the normal process, so don't assume because they asked for the info or are sending ot to USCIS that it means they are looking at it favorably. The IV Unit cannot make a decision on your request; it has to be sent to USCIS Rome (the regional office with responsibility for Spain). I hope it all works out for you, but right now there is no indication that it's on it's way to approval. The good news, however, is that someone read and responded to your initial e-mail!

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~~moved to DCF from IR1/CR1 process and procedures as OP is now on this path~~


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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