USCIS Service Center or DCF?

[Caterpillar8 62]

Hi there!

 

I did not know about Direct consular filing before, I just found out you can file abroad from this website. My question is: is it faster or reliable to file I-130 abroad? I saw the Rome, Italy USCIS field office as 1.5 months so in one month and a half the I-130 gets an arbitary word. While the Texas Service Center ad of now they are adjudicating I-130 from 31st May 2017.

 

is it better to file abroad? Would you advice it? I married in the U.S. while on ESTA.

[Hypnos 6,576]

DCF is the fastest method of obtaining a visa there is.

[Caterpillar8 62]

4 minutes ago, Hypnos said:

DCF is the fastest method of obtaining a visa there is.

Then  if I may ask why do people most file at the us- asked service centers rather than abroad?

 

i hired a lawyer, can I direct him my will to file at the consulate in italy or is he in power to decide where to file? 

[Hypnos 6,576]

Because to file abroad you have to (i) both be living together in that country, and (ii) have a USCIS field office within the US embassy in that country. Most people cannot meet those two conditions.

 

If you want to file through a lawyer, ensure you tell them you wish to file DCF at the embassy.

Edited July 16, 2017 by Hypnos

[Caterpillar8 62]

2 minutes ago, Hypnos said:

Because to file abroad you have to (i) both be living together in that country, and (ii) have a USCIS field office within the embassy of that country. Most people cannot meet those two conditions.

 

If you want to file through a lawyer, ensure you tell them you wish to file DCF at the embassy.

We meet the two requirements! My wife is US citizen and petitioner and live with me temporarily in italy for study purposes so she has no residence  in italy just a permit to stay for study purposes.

 in this case, would you advise me to file abroad? 

[Hypnos 6,576]

It's entirely up to you. As I said, it is the fastest method available, as you can generally obtain a visa within ~2-3 months of filing the I-130, vs. a year or so via the traditional method.

 

The embassy will most likely want to see proof of residency of the US citizen petitioner, so probably a copy of her residency permit/authorisation.

Edited July 16, 2017 by Hypnos

[pushbrk 12,975]

Strictness on requirements tends to vary a little by country but the US Citizen generally needs to be living in the country for six minimum to be eligible to file DCF.  You'll need to meet the specific requirements of the USCIS Rome Field Office.

[Caterpillar8 62]

11 hours ago, pushbrk said:

Strictness on requirements tends to vary a little by country but the US Citizen generally needs to be living in the country for six minimum to be eligible to file DCF.  You'll need to meet the specific requirements of the USCIS Rome Field Office.

 

Six months or years? My wife U.S. Citizen lived in Italy with me for 3 years and she will be living one more year before going back to the U.S.

[Hypnos 6,576]

Months, but it can vary depending on the embassy's requirements. Best to ask them directly. 

[pushbrk 12,975]

Yes, months.  Bad typing.

[Jeanne Adil 1,651]

and you do not mention if you are the US citizen / USC has to do the application and proof of residency in US unless mililtary

[Caterpillar8 62]

20 minutes ago, adil-rafa said:

and you do not mention if you are the US citizen / USC has to do the application and proof of residency in US unless mililtary

I already mentioned that I married on esta and my wife is us citizen.

[JFH 12,190]

If your wife is staying in Italy for another year it's too early to do DCF now. DCF only takes a few months and the visa is only valid for 6 months (meaning you must travel to the USA within 6 months of the date if your medical exam). I'd wait a few more months if I were you. 

Edited July 16, 2017 by JFH

[pushbrk 12,975]

1 hour ago, adil-rafa said:

and you do not mention if you are the US citizen / USC has to do the application and proof of residency in US unless mililtary

The US Citizen isn't applying for anything.  They are filing a petition.  When the petition is approved, the foreigner can apply for a visa.

[Hypnos 6,576]

Could always enter the US then turn around and leave again for a few months without issue.

 

Although delaying it as stated is also possible.