DCF Frankfurt i130 Question

[xzsca10 33]

Hi all,

 

I'm a US Citizen who moved to Frankfurt in December 2020, to be with my wife and 2 year old daughter. We applied for my wife's i130 petition back in March and it's currently at the Texas Processing Center, which will take 7-10 months. 

 

I just got a call from my attorney's wife few days ago, that our attorney has died. so so stressful. I have sacrificed a lot to be here, my income, left my company, just to be here with my wife and daughter. It's been very draining and hard. I don't know how we are supposed to wait this long for an interview, life feels like its at a standstill and my parents have never had the chance to meet my wife or daughter.

 

I just came back to this forum and stumbled upon DCF - I had never heard about this before. Is it possible for me to re-apply or shift my case to the consulate office here? I really like the Frankfurt consulate here, we just got our daughter's US passport last week. Any input would be immensely helpful, thank you. 

Edited July 23, 2021 by Ceofromthevalley
fixed title

[payxibka 10,045]

No such thing as shifting an existing case.

 

Firstly, to even due DCF you must qualify with extenuating circumstances and convince the consulate to accept 

[xzsca10 33]

22 minutes ago, payxibka said:

No such thing as shifting an existing case.

 

Firstly, to even due DCF you must qualify with extenuating circumstances and convince the consulate to accept 

thanks for your response. I believe I have extenuating circumstances. But assuming I don't qualify, would there be any benefit to re-filing i130 with Frankfurt here? I will be living her until my family can come back with me anyway. Without DCF, processing time here for i130 seems to be 1-3 months, which is a lot quicker. 

Edited July 23, 2021 by Ceofromthevalley

[payxibka 10,045]

12 minutes ago, Ceofromthevalley said:

thanks for your response. I believe I have extenuating circumstances. But assuming I don't qualify, would there be any benefit to re-filing i130 with Frankfurt here? I will be living her until my family can come back with me anyway. Without DCF, processing time here for i130 seems to be 1-3 months, which is a lot quicker. 

If you don't qualify you can't refill.  If you do qualify then there is likely a few months of benefit.  Inquire and see what they say.

[Letspaintcookies 2,310]

25 minutes ago, Ceofromthevalley said:

thanks for your response. I believe I have extenuating circumstances. But assuming I don't qualify, would there be any benefit to re-filing i130 with Frankfurt here? I will be living her until my family can come back with me anyway. Without DCF, processing time here for i130 seems to be 1-3 months, which is a lot quicker. 

Without DCF there is no option of filing the I-130 directly at the consulate in Frankfurt. The 1-3 months that you're describing was the DCF time about 3 years ago when it was still a regular thing. 

[SalishSea 17,928]

1 hour ago, Ceofromthevalley said:

Without DCF, processing time here for i130 seems to be 1-3 months, which is a lot quicker. 

That makes no sense.

 

DCF was the process of filing directly from abroad - 'Direct Consular Processing.'   There is no other option, and officially, DCF is gone because the international USCIS offices are closed.  This is why you must have emergent circumstances to be approved to file in this manner.

 

Sorry to hear about your attorney, but also you should know that having an attorney (or not) does not impact the processing times or outcomes at all, unless there are criminal backgrounds or waivers involved.

Edited July 23, 2021 by Jorgedig

[Boiler 45,659]

Firstly do you qualify for DCF, need an answer to that.

[xzsca10 33]

2 hours ago, Letspaintcookies said:

Without DCF there is no option of filing the I-130 directly at the consulate in Frankfurt. The 1-3 months that you're describing was the DCF time about 3 years ago when it was still a regular thing. 

You’re right, I just realized the thread I was referencing for that timeframe is a few years old. 

[Just Paul 4,595]

Too bad you didn't check out the spousal visa guide when you got married. DCF has been there for quite a long time.  You don't have a timeline and aren't really answering questions so . . . If you filed in January, and you have a reason to return to the US with your child and wife, then you can ask USCIS to expedite, then ask the NVC to expedite to the consulate.   If you need to relocate for a job or "can't afford to keep living in Germany" then you can withdraw your I-130 and seek the consulate's approval to file directly.  You are still looking at 6 months minimum.    Either way you may still need the waiver which is determined at the interview.  

[SteveInBostonI130 3,467]

13 hours ago, Ceofromthevalley said:

Hi all,

 

I'm a US Citizen who moved to Frankfurt in December 2020, to be with my wife and 2 year old daughter. We applied for my wife's i130 petition back in March and it's currently at the Texas Processing Center, which will take 7-10 months. 

 

I just got a call from my attorney's wife few days ago, that our attorney has died. so so stressful. I have sacrificed a lot to be here, my income, left my company, just to be here with my wife and daughter. It's been very draining and hard. I don't know how we are supposed to wait this long for an interview, life feels like its at a standstill and my parents have never had the chance to meet my wife or daughter.

 

I just came back to this forum and stumbled upon DCF - I had never heard about this before. Is it possible for me to re-apply or shift my case to the consulate office here? I really like the Frankfurt consulate here, we just got our daughter's US passport last week. Any input would be immensely helpful, thank you. 

Hello,

 

DCF is only for exceptional circumstances.  The textbook example is you working and living in your spouse's country as a temporary resident, and your company giving you short notice (1-2 months) of transferring you to the US.  Or military personnell based in the country and being transferred to another post. 

 

Things that are not exceptional circumstances:  change of attorneys, changing from using an attorney and doing it yourself, visiting your spouse's country and wanting to go back to the US, etc.

 

Everyone waits a long time for the interview.  They maintain the long distance relationship via chat, calls and video.  They occupy their time with hobbies.  They visit each other, either in the spouse's country, the US (provided the spouse has a vaild visa or VWP) or a 3rd country.  Some couples have to wait only a year, others several years.  This is not a process for the light hearted.  It is long and grueling.  We all do it because we feel we have found that special someone and that they are worth the time and tribulation.

 

Now that you have a US passport for your daughter, and assuming your spouse still qualifies for VWP, you can travel together to the US to visit your parents.  Your spouse will need to return to Germany to for the interview, but she can visit for the permitted duration of the VWP.  Or your spouse can apply for a B2 visa to visit up to 6 months.   This is at the discretion of the CBP officer at your port of entry in the US - they can deny her entry if they feel she will try to stay and not return.

 

You are months away from the NVC stage of the spouse visa, but you should start thinking about the affidavit of support.  You stated that you quit your job - without qualifying income, you will need a joint sponsor lined up.  

 

[xzsca10 33]

57 minutes ago, SteveInBostonI130 said:

Hello,

 

DCF is only for exceptional circumstances.  The textbook example is you working and living in your spouse's country as a temporary resident, and your company giving you short notice (1-2 months) of transferring you to the US.  Or military personnell based in the country and being transferred to another post. 

 

Things that are not exceptional circumstances:  change of attorneys, changing from using an attorney and doing it yourself, visiting your spouse's country and wanting to go back to the US, etc.

 

Everyone waits a long time for the interview.  They maintain the long distance relationship via chat, calls and video.  They occupy their time with hobbies.  They visit each other, either in the spouse's country, the US (provided the spouse has a vaild visa or VWP) or a 3rd country.  Some couples have to wait only a year, others several years.  This is not a process for the light hearted.  It is long and grueling.  We all do it because we feel we have found that special someone and that they are worth the time and tribulation.

 

Now that you have a US passport for your daughter, and assuming your spouse still qualifies for VWP, you can travel together to the US to visit your parents.  Your spouse will need to return to Germany to for the interview, but she can visit for the permitted duration of the VWP.  Or your spouse can apply for a B2 visa to visit up to 6 months.   This is at the discretion of the CBP officer at your port of entry in the US - they can deny her entry if they feel she will try to stay and not return.

 

You are months away from the NVC stage of the spouse visa, but you should start thinking about the affidavit of support.  You stated that you quit your job - without qualifying income, you will need a joint sponsor lined up.  

 

thank you for your response. we have been in a relationship for 7 years now. i left my own company and don't have any monthly income, but will still earn a healthy amount at the end of the year as a shareholder through dividend profits, but i dont technically have a job right now and had to forgo a lot of income to be here. it turns out we don’t qualify for the DCF, but i will look into B2 Visa and VWP.  appreciate your response