Is cdmx dcf still an option?

[SalishSea 16,863]

2 hours ago, Kyle6811 said:

I live in both the U.S. and Mexico. I am considering a job back in Colorado. I could easily obtain tr status here in Mx.

You make it sound like you want to obtain residency there in order to file for DCF, rather than already living there and needing to move back for a legitimate, documented job offer.

 

You’re free to ask the consulate of course, but I think your chances are low.

[garebear397 56]

8 hours ago, SalishSea said:

You make it sound like you want to obtain residency there in order to file for DCF, rather than already living there and needing to move back for a legitimate, documented job offer.

 

You’re free to ask the consulate of course, but I think your chances are low.

Yeah agreed. Definitely don't withdraw the I-130. Honestly even if you call and you present it like you are already living en Mexico and have a urgent job move (which would be the only reason in your case to file DCF), and then they tell you you can withdraw the I-130 and file through DCF -- I still wouldn't reccomend it. Because the interviewing officer could figure out, pretty easily, that this isn't a valid DCF case. Then you just lost all your waiting time on the I-130 and just have to file again. 

[Kyle6811 21]

2 hours ago, garebear397 said:

Yeah agreed. Definitely don't withdraw the I-130. Honestly even if you call and you present it like you are already living en Mexico and have a urgent job move (which would be the only reason in your case to file DCF), and then they tell you you can withdraw the I-130 and file through DCF -- I still wouldn't reccomend it. Because the interviewing officer could figure out, pretty easily, that this isn't a valid DCF case. Then you just lost all your waiting time on the I-130 and just have to file again. 

“I still wouldn’t recommend it” 

are you referring to withdrawing the existing i130?

[Kyle6811 21]

2 hours ago, garebear397 said:

Yeah agreed. Definitely don't withdraw the I-130. Honestly even if you call and you present it like you are already living en Mexico and have a urgent job move (which would be the only reason in your case to file DCF), and then they tell you you can withdraw the I-130 and file through DCF -- I still wouldn't reccomend it. Because the interviewing officer could figure out, pretty easily, that this isn't a valid DCF case. Then you just lost all your waiting time on the I-130 and just have to file again. 

So long story short, we moved near the border to be able to wait this out together. The shop I was managing is not doing well. The guy who is managing now is planning on leaving around January and I would have the opportunity to come back. I have a lease on a place in Mexico we she stays full time, I am there part time but this other job I would be going back to is in Colorado. I don’t want to leave my wife and soon to be son behind - nor do I want to lose out on a good opportunity. 

[D-R-J 156]

For my DCF in Ghana they wanted to see at least 6 months of residency. Don’t know if Mexico will be similar.

[SalishSea 16,863]

Again, it doesn’t sound like you qualify, for multiple reasons.    But it’s free to ask.  
 

Most of us here on VJ have had unavoidable periods of separation from our partners.   It’s just the nature of US immigration.

[Crazy Cat 39,615]

2 hours ago, Kyle6811 said:

So long story short, we moved near the border to be able to wait this out together. The shop I was managing is not doing well. The guy who is managing now is planning on leaving around January and I would have the opportunity to come back. I have a lease on a place in Mexico we she stays full time, I am there part time but this other job I would be going back to is in Colorado. I don’t want to leave my wife and soon to be son behind - nor do I want to lose out on a good opportunity. 

Do you reside inside the US or outside the US? 

Edited October 24, 2023 by Crazy Cat

[Kyle6811 21]

48 minutes ago, Crazy Cat said:

Do you reside inside the US or outside the US? 

Hey cc, 

I am a U.S. resident at present. I have two places. One in Tijuana and one in San Diego. But I immediately qualify for temporary residency in Mexico. I have already been there for 6 months.  This move isn’t anticipated for a few months so I have some time to see if this is something worth doing.

 

 

[Kyle6811 21]

1 hour ago, SalishSea said:

Again, it doesn’t sound like you qualify, for multiple reasons.    But it’s free to ask.  
 

Most of us here on VJ have had unavoidable periods of separation from our partners.   It’s just the nature of US immigration.

Please share your thoughts, I’m not an expert by any means.

[garebear397 56]

23 hours ago, Kyle6811 said:

“I still wouldn’t recommend it” 

are you referring to withdrawing the existing i130?

Yes, I wouldn't reccomend withdrawing the I-130 even if like on the phone with the consulate they tell you to withdraw and file DCF. Because in the end the consulate agent will be giving their OK or not, and they might deny since you really don't live their yet, and would be specifically moving there to file. If they let you file for DCF without withdrawing the I-130, you can go for it. Like others have said it really varies on the consulate. 

[Kyle6811 21]

1 hour ago, garebear397 said:

Yes, I wouldn't reccomend withdrawing the I-130 even if like on the phone with the consulate they tell you to withdraw and file DCF. Because in the end the consulate agent will be giving their OK or not, and they might deny since you really don't live their yet, and would be specifically moving there to file. If they let you file for DCF without withdrawing the I-130, you can go for it. Like others have said it really varies on the consulate. 

The only reason I still have the place in San Diego is because I don’t have my global entry pass yet.  that and really complicating my tax situation. But I’d gladly do any of those if it sped up our process significantly.

 

I hear what you’re saying though. I’m probably 2-4 months from uscis getting to my file, and I don’t want to do anything that would set that back further.
 

 

[Kyle6811 21]

On 10/23/2023 at 2:55 PM, Crazy Cat said:

Technically, a consulate cannot accept a case if an I-130 was already filed with USCIS....but I would ask anyway.

 

@Crazy Cat I’m having trouble locating who I even contact. I called the embassy in cdmx, they directed me to uscis, the uscis number is an automated system only. So then I found an email for uscis and emailed them to first see if they are even doing the dcf still because on their page (https://www.uscis.gov/about-us/find-a-uscis-office/international-offices/mexico-uscis-mexico-city-field-office) it’s not listed as one of their services.

 

Am I on the right path for who to contact for dcf?

[D-R-J 156]

The USCIS site does mention DCF, it’s under other services: 

 

If you are a U.S. citizen residing outside of the United States and filing for your immediate relative (spouse, unmarried child under the age of 21, or parent (if you are 21 years of age or older)), you may request to file your petition with the Department of State at a U.S. embassy or consulate in certain limited circumstances, as described in the USCIS Policy Manual, Volume 6, Part B, Chapter 3. Please contact the U.S. embassy or consulate that has jurisdiction over the area where you live for further information.

[Kyle6811 21]

21 minutes ago, D-R-J said:

The USCIS site does mention DCF, it’s under other services: 

 

If you are a U.S. citizen residing outside of the United States and filing for your immediate relative (spouse, unmarried child under the age of 21, or parent (if you are 21 years of age or older)), you may request to file your petition with the Department of State at a U.S. embassy or consulate in certain limited circumstances, as described in the USCIS Policy Manual, Volume 6, Part B, Chapter 3. Please contact the U.S. embassy or consulate that has jurisdiction over the area where you live for further information.

I saw this, which was what led to to the circus after. Dept of state has no contact point. So would I just have to fly to cdmx and try or can I go to any embassy? I believe it has to be a field office which is cdmx. 

[D-R-J 156]

Ok see this:

 

Note: 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.

Exceptional Situations: 

The U.S. Consulate General in Ciudad Juarez has limited authority from the Department of Homeland Security (DHS) to accept certain I-130, I-360, and I-600 petitions.  This authority only extends to U.S. citizens filing petitions for Immediate Relatives and to self-petitioning widows.

DHS is normally responsible for adjudicating these petitions and only permits the Consulate General to accept petitions in narrow circumstances.

The applicant and petitioner must meet specific physical presence requirements in Mexico and have authority to remain in Mexico for the duration of consular processing.  Petitioners must also show exceptional circumstances, which can include adoption, short notice of job relocation, U.S. military emergencies, or beneficiaries who are close to aging out of visa eligibility.  Petitioners should be prepared to provide documentary evidence supporting the basis for local filing.  USCIS has published guidance  on circumstances that may qualify as exceptional and more information can be found in the Foreign Affairs Manual .  Petitioners may not locally file at the Consulate General to circumvent DHS processing times.

Individuals who believe they qualify to file a petition at the Consulate General may contact CDJFilePetition@state.gov to request more information.