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Carla Pas

Please HELP! US mailing address but living abroad, where to file?

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Hello.

 

My spouse and I are mailing the I-130 petition today and were certain that because we both live abroad we were supposed to mail it to the Chicago lockbox. But since our mailing address is in California, shouldn't we be sending it to the Phoenix lockbox? Thank you so much for your attention and help in advance!

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24 minutes ago, Carla Pas said:

Hello.

 

My spouse and I are mailing the I-130 petition today and were certain that because we both live abroad we were supposed to mail it to the Chicago lockbox. But since our mailing address is in California, shouldn't we be sending it to the Phoenix lockbox? Thank you so much for your attention and help in advance!

IMO it's based off where you live

https://www.uscis.gov/i-130-addresses

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1 minute ago, Carla Pas said:

Sorry. What is IMO?

In my opinion lol, I'm pretty new with all this, so I'm not 100% with my answer. Hopefully other member could answer soon or you can try calling USCIS Hotline

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Since you live abroad, you file to the Chicago lockbox, as noted in the link above. Your mailing address is merely that - a place where you receive mail.

 

Too bad DCF isn't available.

3 minutes ago, Carla Pas said:

Sorry. What is IMO?

"In My Opinion"

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1 minute ago, K1_Journey said:

If you are living abroad, why are you not doing a Direct Consular Filing(DCF) at the US embassy in the country you are both living in? You can bypass USCIS and save yourself 3 months processing time if you do a Direct Consular Filing if its available at the embassy in the country where you live.

 

For information on Direct Consular Filing please see http://www.visajourney.com/content/dcf

DCF is not available in Brazil.

 

There must be a USCIS field office at the embassy: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

Edited by geowrian

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2 hours ago, NikLR said:

it is based off your physical address. 

Thank you! Our cover letter has the California mailing address instead of our physical address. Do you think that is fine? We are also using the California mailing address on the envelope. Any problems with it?

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1 hour ago, K1_Journey said:

Current DCF procedures state that if a US Citizen lives overseas they may file the I-130 for a foreign spouse, child or parent at the US Consulate / USCIS Field Office governing their place of residence.

 

Consulate means Embassy, check with your local Brazil embassy they may or may not allow DCF, but you should at least look into it by contacting them to see if this is an option available at the US embassy in Brazil

The embassy/consulate must have a USCIS field office or else it will be processed in the US.

 

Sources:

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/petition/file/filing-immigrant-petitions-outside-the-u-s.html

https://www.uscis.gov/archive/archive-news/uscis-centralizes-filing-form-i-130-0

 

Filing without a USCIS office requires exceptional circumstances that meet the criteria outlined in the second link.

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On 07/11/2017 at 2:20 PM, geowrian said:

Since you live abroad, you file to the Chicago lockbox, as noted in the link above. Your mailing address is merely that - a place where you receive mail.

 

Too bad DCF isn't available.

"In My Opinion"

Yes brasil has DCF available, I  just did my  case  starting on  July 2017, and ffinish  the hole process in october/2017.

 

On 07/11/2017 at 3:37 PM, geowrian said:

DCF is not available in Brazil.

 

There must be a USCIS field office at the embassy: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

 

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That's interesting sergojax, did you have an extreme circumstance? Because according to the website of the US embassy in Brazil, "Only in extreme emergencies, with prior approval of our Regional USCIS Office, can Petitions be filed at the Consulate General. "

 

https://br.usembassy.gov/visas/family-immigration/how-to-apply/

Edited by hm139

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12 hours ago, hm139 said:

That's interesting sergojax, did you have an extreme circumstance? Because according to the website of the US embassy in Brazil, "Only in extreme emergencies, with prior approval of our Regional USCIS Office, can Petitions be filed at the Consulate General. "

 

https://br.usembassy.gov/visas/family-immigration/how-to-apply/

You right, DCF is only in  extreme emergencies or others emergencies that are analyzed by  USCIS Office, Brazil  don’t' have  USCIS office so the regional office for Brazil are Lima(Peru) , my case  was not "Extreme emergency" but I remember I have explain my case on one letter and send to Rio consulate whit some documentation that prove my residence in brazil and my  emergency and RIO consulate send those  documentation to USCIS office in Lima (PERU), after few weeks I got email from Rio consulate that says USCIS Lima (Peru) was approved to file DCF on Rio consulate, so  there are some regulations in relation to file  DCF in Brazil , first the petitioner( US citizen )must establish residency in Brazil, and the second most important is  to have a reason to be able to apply , as for example,: emergency situations , situations involving health and safety of the petitioner, humanitarian reasons etc, if you do not have one of these reasons probably your  application tru DCF  will be denied, I recomend if you have some kind emergency and have residence in Brazil  just give a try on send  one email explaining the reason , that's what i did and and I was surprised when they accepted.

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