Can we file for IR1 somewhere in Europe?

[Vikki - Kikki 0]

Hi,

 

I heard there are ways to file for IR1 with U.S. embassies in Europe. For example in Budapest.

 

I was told that if my husband is living in my country for more than six months, we can do this and it will speed up the process. As well I was told that our interview can be handled in Europe also.

 

I ask because my husband is living here with me and not in the States.

 

Does anyone know if this is true and if so, can you help me understand more about this option?

[geowrian 22,336]

Living together abroad may allow you to file for DCF, which is much much faster than filing in the US. Typically one must live there for 6+ months and/or have some sort of resident status (not just a tourist visa, although some countries permit this).

DCF generally requires a USCIS office in the country., Here's a list of international USCIS offices: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

 

Edit: Also, the beneficiary must be a legal resident in the country to interview for an immigrant visa. This isn't just DCF, though.

Edited November 3, 2018 by geowrian

[payxibka 10,044]

14 minutes ago, Vikki - Kikki said:

Hi,

 

I heard there are ways to file for IR1 with U.S. embassies in Europe. For example in Budapest.

 

I was told that if my husband is living in my country for more than six months, we can do this and it will speed up the process. As well I was told that our interview can be handled in Europe also.

 

I ask because my husband is living here with me and not in the States.

 

Does anyone know if this is true and if so, can you help me understand more about this option?

Where are you living?  Might be possible but not available everywhere.

 

All interviews are abroad, 

[TM92 527]

27 minutes ago, Vikki - Kikki said:

I heard there are ways to file for IR1 with U.S. embassies in Europe. For example in Budapest.

Only if there are exceptional circumstances and the USCIS Frankfurt field office director agrees, https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office:

Quote

U.S. citizens residing in this field office’s jurisdiction but outside of Germany may file with the U.S. Embassy or U.S. Consulate having jurisdiction over the U.S. citizen's place of residence if the USCIS Frankfurt field office director determines that there are exceptional circumstances.

 

Active duty U.S. Military: Active duty U.S. military service members stationed permanently at a military base in USCIS Frankfurt's jurisdiction, but outside of Germany, may file this form directly with the Department of State without needing to establish exceptional circumstances.

Quote

The following are some examples of exceptional circumstances when USCIS will likely authorize DOS to accept and process an I-130 petition.

• Military emergencies: A U.S. service member abroad becomes aware of a new deployment or transfer with very little notice. This exception applies in cases where the US service member is provided with exceptionally less notice than would normally be expected by most service members in his or her position.
• Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes the situation where a petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child.
• Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety.
• Close to aging out: A beneficiary is within a few months of aging out of eligibility.
• Petitioner has recently naturalized: A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new, stand-alone petition.
• Adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country. This exception should only be considered if the child has been in the petitioner’s legal and physical custody for at least two years and the petitioner has a full and final adoption decree on behalf of the child.
• Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.

This is not an exhaustive list of examples. FODs have discretion to authorize a DOS adjudication of an I-130 when there are compelling humanitarian reasons to do so. FODs should consult with the District Director or Deputy District Director when they have questions about whether to authorize a DOS adjudication of an I-130.

Edited November 3, 2018 by TM92

[Vikki - Kikki 0]

1 hour ago, geowrian said:

Living together abroad may allow you to file for DCF, which is much much faster than filing in the US. Typically one must live there for 6+ months and/or have some sort of resident status (not just a tourist visa, although some countries permit this).

DCF generally requires a USCIS office in the country., Here's a list of international USCIS offices: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

 

Edit: Also, the beneficiary must be a legal resident in the country to interview for an immigrant visa. This isn't just DCF, though.

We live in Ukraine. Can we file in a neighboring country?

[Boiler 43,568]

No

[geowrian 22,336]

43 minutes ago, Vikki - Kikki said:

We live in Ukraine. Can we file in a neighboring country?

"Also, the beneficiary must be a legal resident in the country to interview for an immigrant visa." = Nope.

[TM92 527]

3 hours ago, Vikki - Kikki said:

We live in Ukraine. Can we file in a neighboring country?

So you don't currently reside in Russia; thus your husband doesn't have the following various pieces of evidence, https://www.uscis.gov/about-us/find-uscis-office/international-offices/russia-uscis-moscow-field-office:

Quote

Filing and Other Special Instructions:

Residents of Russia filing with USCIS Moscow must submit the petition and supporting evidence in person.

Evidence of residency must be submitted with the petition. The evidence you submit must support a determination that you are a resident in Russia.

Please Note: Certain pieces of evidence may more strongly support a finding of residency than others. For petitions filed at this field office, you must submit one or more of the following:

• Residency permit or card
• Work contract or other employment documents

In addition, other evidence of residency may include, but is not limited to:

• Passport entry stamp
• Utility bills
• Housing lease
• Proof of local registration
• Military orders
• Bank statements
• Proof of school enrollment
• Vehicle registration
• Valid local driver’s license
• Tax documents
• Foreign property deeds or registration (although proof of property ownership in itself, may be insufficient if there is no evidence that the petitioner resides at that property)

And he can't file in Ukraine unless there are exceptional circumstances (see list in my previous post) and USCIS Moscow FOD agrees:

Quote

If you live outside of Russia in a country where we do not have an office, and you believe that exceptional circumstances justify filing your petition overseas, please go to the nearest U.S. Embassy or U.S Consulate to make your request to file. You must provide evidence of exceptional circumstances. The consular section will contact the field office director to request permission to accept your petition overseas. If your request is denied, you will need to file with the Chicago Lockbox.

Edited November 3, 2018 by TM92

[JFH 12,189]

7 hours ago, Vikki - Kikki said:

Hi,

 

I heard there are ways to file for IR1 with U.S. embassies in Europe. For example in Budapest.

 

I was told that if my husband is living in my country for more than six months, we can do this and it will speed up the process. As well I was told that our interview can be handled in Europe also.

 

I ask because my husband is living here with me and not in the States.

 

Does anyone know if this is true and if so, can you help me understand more about this option?

Why do you need to speed up the process? You are already living together. If the USC has a pressing need to return to the USA soon, he can go at anytime and you will wait for the visa. There is nothing stopping a USC from returning at any time. 

[Vikki - Kikki 0]

On 11/3/2018 at 8:18 PM, JFH said:

Why do you need to speed up the process? You are already living together. If the USC has a pressing need to return to the USA soon, he can go at anytime and you will wait for the visa. There is nothing stopping a USC from returning at any time. 

Because the war in Ukraine.

[TM92 527]

15 minutes ago, Vikki - Kikki said:

Because the war in Ukraine.

The limited martial law? Then, no:

 

[JFH 12,189]

22 hours ago, Vikki - Kikki said:

Because the war in Ukraine.

People in Syria have not been able to get any special conditions or exemptions. Civil unrest does not appear to influence USCIS regarding the relaxation of filing rules.