DCF ADVICE REQUIRED PLEASE! :)

[MTMR0420 0]

Hi! Couples that have filled Direct Consular Filling, we need some advice. We requested if we could submit our case though DCF (in Peru), originally our embassy had told us that the our request had been accepted. They gave us a list of documents to collect and explained the process and asked us to let them know when we had our documents ready. After we confirmed this they gave us an appointment date. The problem starts when we the appointment date conflicted with an scheduled trip to reunite(visit) my family after a couple of years, also this trip was non refundable. We explained the situation and apologize for requesting a new appointment date (only a few days in the future), they answered by just asking for my phone number. A few days later the Immigration Visa Chief Officer called to clarify details of our case and situation. After some questions about our case and situation, he ended up saying that apparently we weren’t urgently in need to do a DCF, and that maybe there was a mistake on the approval of our case. His conclusion was mainly because, my spouse and I, were both working at the time in my spouse home country. Plus I was doing online collage. This happened almost half a year ago, and now our employment situation has changed, and my school situation as well as I’m soon to finish it and will need an internship in my studied field. We were told one of the reasons they could allow us to file direct counselor filing would be if I had a job offer that required me to be in the United States and without another form of income however USCIS will still need to approve our case based on urgency. This is currently our situation. We need some legal advice on how to proceed with our current situation and the past inconvenience that we just explained. Has someone experienced something similar? We would like to get some advice on the topic to consider the option of reapplying for a DCF.  Any advice would be highly appreciated or if someone could recommend us a lawyer we could speak with that has experience in these type of case. Thank you in advance.

[Dashinka 23,252]

When your first DCF case was canceled by the consulate did you file an I130 with USCIS?  If not, it seems your situation has changed, so you can request DCF again?

[IWander 581]

It sounds like the Consulate was right in reconsidering the initial decision because it appears there was no sense of urgency to pursue an I130 as it sounds like you have done nothing for the last 6 months.

[Boiler 43,458]

With DCF essentially you are asking for a favour, it is up to them if they decide your particular situation meets the requirements.

[SteveInBostonI130 3,319]

You first attempted DCS when there was no urgent need.  DCS is granted to those in exceptional circumstances, and that wasn't your situation.

 

Now 6 months later, why do you "need" to start an internship in the US?  Can you not start one in Peru?  That is the hurdle you will need to overcome with the embassy.

 

[SalishSea 16,776]

You do not qualify.  Just have the USC file a petition, if you haven't already.    DCF isn't for people who are casually thinking of moving, and choosing to travel instead of attend an interview.

[millefleur 5,037]

4 hours ago, MTMR0420 said:

We were told one of the reasons they could allow us to file direct counselor filing would be if I had a job offer that required me to be in the United States and without another form of income however USCIS will still need to approve our case based on urgency. This is currently our situation.

That's the norm now. You have to qualify for exceptional circumstances, such as a short notice job offer.

 

A lawyer will not help in this case so don't bother. Either the embassy will accept you based on exceptional circumstances or not. If you think you can get a job offer to move back to the US, you can try that but otherwise it is doubtful the embassy will approve you unless there is a true urgent need.

Edited December 12, 2023 by millefleur

[Crazy Cat 39,284]

13 hours ago, MTMR0420 said:

Any advice would be highly appreciated or if someone could recommend us a lawyer we could speak with that has experience in these type of case. Thank you in advance.

You have 2 options:

1.  File a normal I-130 and proceed.

2.  Contact the consulate and request another DCF if you qualify.

Don't waste your money on an attorney.  The consulate has sole discretion in this matter.  It doesn't sound, to me, as if you qualify for DCF as you have not stated that you actually have a job offer with a quick relocation requirement.

[carmel34 3,531]

14 hours ago, MTMR0420 said:

We were told one of the reasons they could allow us to file direct counselor filing would be if I had a job offer that required me to be in the United States and without another form of income however USCIS will still need to approve our case based on urgency.

Does the USC spouse have a firm job offer in the US, with a written letter confirming such?  If so, when is the start date?  A firm full-time job offer (not an internship), with short time frame of 2-3 months might work for a second try at DCF.

[Nel99 1]

Hi! I think you should be able to request DCF again, since your situation has changed and you are required to be in the US for your career to move forward. 

I have a question though, would you please share your timeline details? Like how long did they take to approve your request since you sent the first email requesting DCF? How far out was the appointment they scheduled since you guys confirmed you have all the documents requested? 

Thanks a lot!