DCF guidance needed

[DVP 0]

Hi

I want to know how to file a DCF.

My fiance wants to file direct counselor at Mumbai embassy,India

Aa she is with me to spend a vacation in India.we want to get married but how to do Direct counsel filling or file a CR1?

We want this immigration fast so we can live together asap. 
 

which one is the best option for us DCF or CR1?

 

please let us reply…

 

Thanking  you all members here

[Crazy Cat 46,387]

33 minutes ago, DVP said:

Aa she is with me to spend a vacation in India.we want to get married but how to do Direct counsel filling or file a CR1?

We want this immigration fast so we can live together asap. 

DCF is not possible if the US citizen doesn't live there.  Nothing related to immigration is fast.  The CR-1 process is going to take about 18-24 months....maybe longer.  That is just the harsh reality of the matter.

Step #1 is to legally marry.  Good luck.

Edited Wednesday at 05:11 PM by Crazy Cat

[DVP 0]

15 hours ago, Crazy Cat said:

DCF is not possible if the US citizen doesn't live there.  Nothing related to immigration is fast.  The CR-1 process is going to take about 18-24 months....maybe longer.  That is just the harsh reality of the matter.

Step #1 is to legally marry.  Good luck.

Thank you for your reply.

she is in India on OCI(other country immigrant).Possible!?

[Boiler 48,804]

Certainly possible

[Crazy Cat 46,387]

2 hours ago, DVP said:

Thank you for your reply.

she is in India on OCI(other country immigrant).Possible!?

If she is residing there legally (you said vacation), may be possible if, for example, she has a pending short-notice job offer or assignment in the US.  Contact the US Consulate in Mumbai and ask if you qualify for them to process the I-130.

Step #1 is to legally marry.

Edited yesterday at 11:09 AM by Crazy Cat

[appleblossom 5,914]

22 hours ago, DVP said:

Thank you for your reply.

she is in India on OCI(other country immigrant).Possible!?

What’s the reason for DCF? 

[DVP 0]

As she is in India and we want the immigration process fast as compared to CR1

[Crazy Cat 46,387]

2 hours ago, DVP said:

As she is in India and we want the immigration process fast as compared to CR1

That is not an acceptable reason for the consulate to accept an I-130.  It must be "exceptional circumstances".   In fact, USCIS states that expediting the processing time as the sole reason is not an exceptional circumstance.

 

I encourage you to read the USCIS guidance here:

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

 

A. When the U.S. Department of State is Authorized to Accept and Adjudicate Form I-130

USCIS has delegated^[7] authority to DOS to accept and adjudicate a clearly approvable Form I-130 filed abroad by a U.S. citizen petitioner for an immediate relative^[8] if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS.^[9] A clearly approvable petition is generally one that includes sufficient primary evidence to establish the status of the petitioner and the qualifying relationship.^[10] This policy applies even in countries with a USCIS presence. Without such delegation, DOS has no authority to permit a U.S. embassy or consulate to accept a local Form I-130 filing abroad.

If a consular officer in a U.S. embassy or consulate encounters an individual case that the officer believes  needs immediate processing of a Form I-130 filed by a U.S. citizen petitioner for an immediate relative, the consular officer may, but is not required to, accept the local filing in exceptional circumstances, in accordance with the guidance below. If DOS accepts a petition, USCIS must receive notice of the filing and information about the basis for local acceptance.

1. Exceptional Circumstances

Examples of exceptional circumstances include, but are not limited to:

• Military emergencies – A U.S. citizen military service member petitioner, who is abroad but who does not fall under the blanket authorization for U.S. citizen service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. citizen service member is provided with exceptionally less notice than normally expected.
• Medical emergencies – A petitioner or alien beneficiary is facing an urgent medical emergency that requires immediate travel.
• Threats to personal safety – A petitioner or alien beneficiary is facing an imminent threat to personal safety. For example, a petitioner and alien beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.
• Close to aging out – An alien beneficiary is within a few months of aging out of eligibility.
• Petitioner has recently naturalized – A petitioner and alien beneficiary has traveled for the immigrant visa interview, but the petitioner has naturalized and the beneficiary requires a new petition based on the petitioner’s citizenship.
• Adoption of a child – A U.S. citizen petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the adoptive parent petitioner(s) has a final adoption decree on behalf of the child and has had legal custody of and jointly resided with the child for at least 2 years.^[11]
• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.

Discretion

The list of examples provided above is not exhaustive. DOS may exercise its discretion to accept clearly approvable local Form I-130 filings for other exceptional circumstances, unless specifically noted below. However, such filings must be truly urgent and otherwise limited to situations when filing with USCIS online or domestically with an expedite request would likely not be sufficient to address the time-sensitive and exigent nature of the situation.

DOS may consider a petitioner’s residency within the consular district when determining whether to accept a filing, but it is not required.^[12]

 

 

B. When the U.S. Department of State is Not Authorized to Accept and Adjudicate Form I-130

DOS may not exercise discretion to accept local filings in certain scenarios. USCIS does not authorize DOS to accept a local filing abroad when a petitioner based in the United States seeks to travel and file abroad in order to expedite processing. DOS acceptance of Form I-130s abroad is intended to assist petitioners living abroad who demonstrate exceptional circumstances as described above.

In addition, USCIS does not authorize DOS 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 an electronic or domestically-filed petition. Local consular or USCIS staff should inform the petitioner of the process to request expedited adjudication.^[14]

Edited 3 hours ago by Crazy Cat

[appleblossom 5,914]

3 hours ago, DVP said:

As she is in India and we want the immigration process fast as compared to CR1

 

Right, but that isn't valid grounds for DCF. If it was, everybody would do it!

 

@Crazy Cat has given you the info above, if your application doesn't come under one of those criteria then just marry and file the I-130 asap.