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

[dagreen95 0]

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

[Ryan H 3,790]

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.

[dagreen95 0]

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

[Ryan H 3,790]

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

50/50

[dagreen95 0]

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.

[jan22 2,898]

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!

[dagreen95 0]

USCIS- Rome approved my request for an exemption and I have an appointment in Madrid on July 6 to present the I-130 and other documents. Here we go!

[dagreen95 0]

I-130 submitted and approved on the same day. You have to love DFC! I will try to submit the next round of documents this week to get an August interview for my wife.

[NikLR 13,220]

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

[dagreen95 0]

Thanks again for your support. Susana was informed that her visa appointment has been set for August 19th. By going DFC, it will have taken less than three months,