Can you transfer to DCF after already submitting 1-130 online??

[Sammy.NZ 45]

Hi VisaJourney friends,

Wondering if it's possible to transfer a case to DCF after having already submitted the 1-130 petition online? 

 

Some background info:

My husband and I live in New Zealand together, I'm a USC (petitioner) and he's a kiwi (beneficiary). We got married in January of this year and filed our 1-130 online through USCIS website on Feb 9th 2021 and as far as I am aware it's being processed at Nebraska Service Center. As of April 9th 2021 the status online switched from 'received' to 'case is being actively reviewed by USCIS'  but have heard no further info since.

 

After spending more time on this forum I've learned most couples who live overseas apply for their IR1 through direct consular filing... So I'm wondering if anyone has switched to this after already submitting their petition to a U.S. Service Center. I'm just thinking it would potentially be quicker if we could transfer to a local consulate as NZ hasn't had too many shut downs or delays from Covid so I imagine processing times are potentially quicker than going through the U.S. Service Centers.

If you have any experience with this, or how to do this, please let me know! Also if you know if this would speed things up or not and if it would require more fees. 

 

Cheers

[HRQX 4,145]

28 minutes ago, Sammy.NZ said:

most couples who live overseas apply for their IR1 through direct consular filing...

That is no longer common. Generally the case must meet "exceptional circumstances" for a DCF filing: https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3 "DOS may accept and adjudicate a local Form I-130 filing by a U.S. citizen petitioner for an immediate relative if the petitioner establishes exceptional circumstances or meets blanket authorization criteria defined by USCIS."

Edited May 31, 2021 by HRQX

[SalishSea 16,978]

26 minutes ago, Sammy.NZ said:

After spending more time on this forum I've learned most couples who live overseas apply for their IR1 through direct consular filing...

That used to be the case.  But now the USCIS international field offices are closed, so it's far less common.  If you try for the 'exceptional circumstance' route, it will be an entirely new filing, unrelated to your existing petition. 

[Sammy.NZ 45]

@Jorgedig @HRQX

 

Okay thanks guys, I guess the main thing leading me to think it was common was that DFC seems to be the suggested 'Guide' from VisaJourney when you search the Guides for Petitioner & Beneficiary that are both residing overseas.

Good to know that's not the case anymore. Don't really think our case is 'exceptional circumstances' so will just have to keep on with the waiting game.

Thanks for clearing that up.

 

Cheers

[SalishSea 16,978]

Just now, Sammy.NZ said:

@Jorgedig @HRQX

 

Okay thanks guys, I guess the main thing leading me to think it was common was that DFC seems to be the suggested 'Guide' from VisaJourney when you search the Guides for Petitioner & Beneficiary that are both residing overseas.

Good to know that's not the case anymore. Don't really think our case is 'exceptional circumstances' so will just have to keep on with the waiting game.

Thanks for clearing that up.

 

Cheers

Yeah, the guides need updating for sure.

 

The good news for you two is that Auckland is amongst the most efficient and fastest consulates globally.  I think if you sit tight, you will be pleasantly surprised.

 

Best of luck, and please hang around here.  Kia Ora!

[Just Paul 4,591]

If you have exceptional circumstances you can withdraw you case stateside and ask the consulate for a direct filing if you feel you meet exceptional circumstances.  There is no way to have USCIS send the case directly to the consulate.   You run the risk of having to go to the back of the line if the consulate does not accept exceptional circumstances.

[emmillinnee 9]

I was considering the same thing. We got married in August of last year and filed online in September and it was originally being processed in Nebraska. I (the petitioner) got a job offer in March with an October start date. We thought it would be okay because the Nebraska center processes cases fairly quickly. However, a couple days ago, using the 'ask Emma' feature on the USCIS website I talked to a live agent that told me our case had been transferred to the Potomac USCIS center. So now we are trying to figure out a way to get it expedited or do DCF. I contacted the embassy in Madrid to ask about it and they said in order to apply for DCF, I would FIRST have to cancel the petition with the USCIS without knowing if they would accept the petition for DCF. IF they accepted it we would have to repay the file fee and they said they were backlogged from COVID until November. So for us, even though we qualify for the DCF exceptional circumstance of job offer, it's better to wait I think. But...you could apply for jobs in the US, if you get one and think it will be substantially faster, cancel the original petition and try the DCF route. But...the longer you've been waiting the riskier that is. I would suggest trying to find out if your petition is still in Nebraska. From what I've heard on the forum all online petitions first go to Nebraska and then a lot of them get transferred. 

[Sammy.NZ 45]

@emmillinnee Wow thanks for the info. I've heard similar news about all the online petitions filed initially going to Nebraska so I've been skeptical if this was actually where mine was. Best to check with Emma I guess. Best of luck everything runs smoothly and you get approved in time!