DCF services discontinued?

[Dual National 0]

On the US Consulate Website of my country of residence, this message appears:

"Effective August 15, 2011, American Citizens residing in XXX will no longer be able to routinely file Form I-130 (Petition for Alien Relative) with the Immigrant Visa Unit of the U.S. Consulate. Rather, Petitioners will be required to file the Form I-130 petition by mail to the U.S. Citizenship and Immigration Services (USCIS), Chicago Lockbox. The Consulate will only be able to accept and process Form I-130 petitions in exceptional circumstances."

I doubt our circumstances are exceptional, but here are the basics:

* My wife and I married in our country of residence 20 years ago, and we've lived here ever since. I'm a native-born US citizen; she isn't.

* We have two kids, both of whom have US passports.

* My wife recently received her third 10-year US visitor visa.

* We bought a house in the US last year. My wife & the kids are there now, while I am selling our house in our current country of residence.

* My wife had planned to return to our country of residence in April, while I watch the kids in the US, to wrap up her professional affairs here while applying for a US immigrant visa. Now, however, it appears that there is no DCF service here anyway.

So, in your opinion:

* Should my wife simply stay in the US and apply for a change of status? We explored this option before and rejected it because it wasn't clear whether it was entirely lawful. Although the risk seems low, our preference is to obey the law. Our intent to eventually move to the US has been clear for many years. We just weren't sure when, exactly, we would do it.

* Should my wife return to our resident country overseas, and file a I-130 to the US from here? If we do this, does that mean she cannot enter the US until the immigrant visa is issued?

* Should my wife return to our resident country overseas, and attempt to claim "exceptional circumstances" so the visa is processed at the consulate itself?

* Should we just forget about it for now? After all, she has a visitor's visa and there's no need to break its conditions. She's enjoying the stay-at-home Mom thing anyway, now that the kids are attending US schools. I assume she could simply apply for an extension of stay.

All thoughts welcome.

[Alaska2012 462]

Usually when you file from abroad, even though DCF isn't an option, those cases tend to go much faster than "the normal" ones where one spouse lives in the states. So the best would have been if you had filed while you all still lived abroad, but since you already are over here, getting her the cr1 she will have to go back.

But she can still come visit during the process, you don't have to be apart during the whole time.

[*Snowdrop* 604]

Based on the situation you describe then you are legally able to adjust status inside the country without your wife leaving - you both know she did not have the intent to enter and adjust. There wil be plenty of people on here who will tell you that you will be completely fine with no issues doing it this way.

However..... If you're like me, then the possibility of running into any hassle and the potential worry about having your intent questioned and the vague possibility of being denied would lead to too many sleepless nights.

In which case why not apply for the spousal visa which means your wife will go back for her medical and interview - but you don't have to wait to file the forms. Do it ASAP and she will be able to stay on this trip as long as she was allowed - six months? By the time that runs out and she goes back she may be near the end of the process. She can finish up her affairs in her home country and if the process is still dragging on, come back for another visit before the interview is scheduled.

[Penguin_ie 5,994]

How long will your wife need to wrap up her professional stuff and say goodbye at home? One option may be for you to file for her CR-1 visa now. The process takes 8=10 months, and she then has up to 6 months to use the visa. She can still visit you during the process with her tourist visa.

[Dual National 0]

Hi all and thanks for your replies.

In one of the FAQs about DCF, I'd had read that she would not be able to visit the US once we applied via DCF.

I am going to go to the Consulate in person this week, with an I-130 filled out in advance, to see if I can get some direct answers.

[Penguin_ie 5,994]

That is incorrect (about not visiting), and you certainly didn't read it here- unfortunately, there is a lot of missinformation on the internet.