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Can I submit for a Direct Consular Filing if I have already submitted my I-130 normally 1.5 months ago?

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Hello!

Background/Timeline:

  • Wife and I were married in 2013 in Hawaii while she was a J-1 Student with the 2-year rule
  • Hired a BAD attorney to get a waiver for the 2 year rule... GOT DENIED..
  • Decided to cut our losses and move back to the Philippines and try again for the waiver
  • After 6 months we finally got our 2 - year rule waiver! YAY! Victory #1
  • Late in May I filed an I-130..
  • June 4, 2015 - NOA #1
  • Now: waiting patiently for NOA #2

Question:

I have already gone through the usual channels to file for an I-130 with my wife. I have received my NOA #1 and am waiting for NOA #2. I would REALLY like to be able to file directly at the consulate so that we can get back to the states. I have been in the Philippines for 7 months on July 17 and have the 1-way plane ticket and the passport entry stamps to prove it. I am here on a 1-year Balikbayan visa (non-immigrant). Is it possible for me to do DCF at the Manila Embassy if I already have an I-130 processing?... We need to get outta here!


I-612 Waiver of J1 Two Year Rule
12/31/2011 - Wife Entered U.S. on J-1 visa, Foreign Residence Requirement Applies
9/28/2013 - Married in the U.S.
7/23/2014 - NOA1 form I-612 for Waiver of the Foreign Residence Requirement (Basis: Extreme Hardship)
8/8/2014 - RFE Received
11/14/2014 - NOA2 I-612 Waiver Denied, Could not establish hardship
12/15/2014 - Sent another I-612 packet to U.S. Dept of state (Basis: No-Objection Statement)
12/15/2014 - Sent in application to Philippines Govt. for No-Objection Statement
1/14/2015 - No Objection Statement granted
4 months of waiting - The Philippines Govt. forgot about us!!!!
5/8/2015 - After multiple calls and emails the No Objection Statement was finally transmitted to DOS
6/4/2015 - I-612 Waiver APPROVED!

IR-1 Visa
6/3/2015 - Sent I-130 to Phoenix Locbox
6/4/2015 - NOA1
108 Days of waiting
9/22/2015 - NOA2
9/24/2015 - Case sent to NVC
10/1/2015 - Case received at NVC
10/14/2015 - Case number assigned
10/15/2015 - AOS Fee Paid online
10/19/2015 - CEAC AOS Fee status changed to "Paid" - AOS and IV packets sent to NVC
10/27/2015 - DS-261 was reviewed over the phone
10/29/2015 - DS-261 confirmed complete (over phone) and IV Bill Received - Paid online immediately "In Process"
10/30/2015 - Scan Date
11/2/2015 - IV Bill marked "Paid" and DS-260 completed

12/4/2015 - Case Complete (need to bring 1 corrected doc to Embassy)

1/6/15 - Medical Exam Complete

1/19/2015 - Interview Date

1/22/2015 - Visa Received (yellow envelope damaged)

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I don't think you can have the case moved, so you' need to withdraw and then file again via DCF (and pay the fees again).

May be worth calling USCIS- ask for a supervisor- and enquiring though.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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