I-130 is being actively reviewed but can I request to switch to consular processing?

[Seriah 1]

I am a US citizen currently living in Kyiv with my husband. I submitted the i130 online back in June and the status recently changed to being actively reviewed. I read that consular processing can be requested on the grounds of a US job offer for the US citizen. Would I be able to request this from the embassy here with proof of a job offer wanting me to start in 3-4 months?

[pushbrk 12,963]

10 minutes ago, Seriah said:

I am a US citizen currently living in Kyiv with my husband. I submitted the i130 online back in June and the status recently changed to being actively reviewed. I read that consular processing can be requested on the grounds of a US job offer for the US citizen. Would I be able to request this from the embassy here with proof of a job offer wanting me to start in 3-4 months?

Consular Processing is the general term that applies to any visa after a petition is approved. Direct Consular Filing, is something that can be requested as a special circumstance, but you already missed that opportunity by filing with USCIS.  At this point, you could request an expedite through USCIS based on the job offer.  You would then request a separate expedited from the National Visa Center, once your case gets there from USCIS.

[Seriah 1]

13 minutes ago, pushbrk said:

Consular Processing is the general term that applies to any visa after a petition is approved. Direct Consular Filing, is something that can be requested as a special circumstance, but you already missed that opportunity by filing with USCIS.  At this point, you could request an expedite through USCIS based on the job offer.  You would then request a separate expedited from the National Visa Center, once your case gets there from USCIS.

Bummer. Wish I would have known about the DCF before! Thanks for the quick reply!

[pushbrk 12,963]

1 minute ago, Seriah said:

Bummer. Wish I would have known about the DCF before! Thanks for the quick reply!

Even so, requesting is one thing.  Getting a positive response to your request is another.

[Letspaintcookies 2,310]

Wouldn't OP be able to ask if Kiev would take on their case and if so withdraw the ongoing petition to then do DCF?

[Redro 4,611]

25 minutes ago, Letspaintcookies said:

Wouldn't OP be able to ask if Kiev would take on their case and if so withdraw the ongoing petition to then do DCF?

The US Embassy in Korea states: Note: U.S. Embassy Seoul may not accept filing of the Form I-130, Petition for Alien Relative if the petitioner has already filed a Form I-130 with the USCIS in the U.S. for the same beneficiary.  If exigent circumstances exist, the petitioner should request expedited processing for the petition filed in the U.S.  Please refer to the USCIS website for information about the process to request expedited adjudication.

They also have a special form you fill out through the website to request DCF. 

 

But, Kyiv asks you send an email to kyiviv@state.gov for further instruction. I don't think there is any harm in emailing the embassy with a request to DCF whilst an I-130 is already at USCIS. 

[Seriah 1]

3 minutes ago, Kor2USA said:

The US Embassy in Korea states: Note: U.S. Embassy Seoul may not accept filing of the Form I-130, Petition for Alien Relative if the petitioner has already filed a Form I-130 with the USCIS in the U.S. for the same beneficiary.  If exigent circumstances exist, the petitioner should request expedited processing for the petition filed in the U.S.  Please refer to the USCIS website for information about the process to request expedited adjudication.

They also have a special form you fill out through the website to request DCF. 

 

But, Kyiv asks you send an email to kyiviv@state.gov for further instruction. I don't think there is any harm in emailing the embassy with a request to DCF whilst an I-130 is already at USCIS. 

Yeah I think I'll email them, doesn't hurt to try! Thanks!! 

[Crazy Cat 41,974]

42 minutes ago, Seriah said:

Yeah I think I'll email them, doesn't hurt to try! Thanks!! 

It won't work.  The consulate would not be authorized to accept your case.

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

Edited October 31, 2021 by Crazy Cat

[Ontarkie 14,254]

That ship has sailed once the I-130 has been filed. 

Withdrawing it and trying for DCF will not work. Check the DCF forum, it has been tried  more than a few times. 

[pushbrk 12,963]

1 hour ago, Letspaintcookies said:

Wouldn't OP be able to ask if Kiev would take on their case and if so withdraw the ongoing petition to then do DCF?

Asking is one thing.  Getting a yes, is another.

[Letspaintcookies 2,310]

17 minutes ago, pushbrk said:

Asking is one thing.  Getting a yes, is another.

Sure but with changed circumstances it might be possible. Worth a try at least 

[SalishSea 17,914]

5 hours ago, Seriah said:

Bummer. Wish I would have known about the DCF before! Thanks for the quick reply!

DCF is essentially dead, following the closure of the international USCIS offices a couple of years ago.  It is possible to be approved for consideration if you can demonstrate exceptional circumstances, but there are no guarantees.

[SteveInBostonI130 3,467]

4 hours ago, Letspaintcookies said:

Sure but with changed circumstances it might be possible. Worth a try at least 

@Seriah

That time is better spent on submitting an expedite request to USCIS and getting the required evidence ready.  You should obtain the job offer in company letterhead with a definite start date.  

[Crazy Cat 41,974]

8 hours ago, Jorgedig said:

DCF is essentially dead, following the closure of the international USCIS offices a couple of years ago.  It is possible to be approved for consideration if you can demonstrate exceptional circumstances, but there are no guarantees.

and in this case, the OP has already submitted an I-130 stateside, so DOS is prohibited from processing a DCF.   That's my understanding from reading Chapter 3 of the USCIS policy manual. 

[Chancy 6,241]

19 minutes ago, Crazy Cat said:

and in this case, the OP has already submitted an I-130 stateside, so DOS is prohibited from processing a DCF.   That's my understanding from reading Chapter 3 of the USCIS policy manual. 

 

There's also https://fam.state.gov/fam/09FAM/09FAM050402.html --

Quote

f. (U) When the Department of State is Not Authorized to Accept and Adjudicate Form I-130:

(1)  (U) Petitioners Based in the United States: USCIS does not authorize the Department of State to accept a local filing abroad when a petitioner based in the United States seeks to travel and file abroad to expedite processing; and

(2) (U) Petitioners Who Have Already Filed Electronically or Domestically: USCIS does not authorize the Department of State to accept a local filing abroad if the petitioner has already filed a Form I-130 domestically for the same beneficiary.  If exigent circumstances exist, the petitioner should request expedited processing for the electronic or domestically-filed petition.  You should direct the petitioner to the USCIS website for information about the process to request expedited adjudication.

 

But OP doesn't have much to lose from asking anyway.  Should just set expectations low that the consulate will go against their own manual.