CyberSamurai013

The visa will be issued as CR1 if approved before the two year anniversary. 
If you both enter after the 2 year anniversary even if it was issued as CR1, your wife should receive the 10 year GC.
If you enter the US before the 2 year anniversary, the GC will be conditional and you'll need to file for ROC 2 years after entry. 
 
The visa becomes the GC once you enter and ideally, you should receive the actual card some months after -could take up to 2 years-.

It is applied as of the date the beneficiary becomes a PR, which on an immigrant visa is the date of US entry.
If US entry is on or after the two year anniversary, a 10-yr card is issued
Occasionally an error is made in the back room where the envelope is opened.  If a CR visa is issued and entry is after that two year mark it is worth pointing that out to the IO who is processing the beneficiary at the point of entry.

Will do. It is very frustrating but I am a retired government employee so I know how American bureaucracy works  . Yes, thank you. They call it "a Locally Filed Form I-130,
Petition for Alien Relative". 

That makes sense, thank you for the explanation and advice! I will try calling the ACS sections of the Moscow and Warsaw embassies and see what happens.

So, DCF usually works when you file the I-130 with the Embassy. If the embassies are not responding to the request, it's a bit of a catch-22. It makes sense that ustraveldocs would not have info because they do not process I-130's. USCIS only processes I-130's filed via the "traditional" way, aka non-DCF. You're really kind of at the mercy of the US embassies here with the DCF request.
 
If neither Warsaw nor Moscow respond, try reaching out to other embassies. Some people here on VJ had luck with Tbilisi, Georgia and Almaty, Kazakhstan. Bishkek, Kyrgyz Republic also recently opened a US Embassy. Unfortunately now that Warsaw is the official embassy for Russians, you may run into rejections but the only way to find out is to contact them.
 
Only other plan I can think of is: file the I-130 online or via mail (probably online makes more sense in this case), and then put in an expedite request to USCIS with medical explanation and supporting evidence. This would not be "DCF" per say but if they approve your request, the processing will go must faster.

Also, technically the Moscow Embassy is still taking cases in "life-or-death" or age-out emergency situations right now, so I wonder if that would be the de facto DCF for USC's living in Russia.
 
https://ru.usembassy.gov/visas/
A very limited number of immigrant visa applications will be processed in life-or-death emergencies, and age-out cases.  Immigrant visa applicants who meet these criteria should contact the National Visa Center to request an expedited appointment.  We are currently making arrangements for alternate processing locations for immigrant visa applicants who do not meet these criteria. 
 
Although they say that they are making arrangement for alternative processing locations, none have been officially established yet. Right now the only thing Russian based applicants can do is contact other embassies directly and see if they can get a transfer approved. So far, Warsaw is the only one that I'm aware of who has accepted applicants coming from the Moscow embassy.

If you, the petitioner, live in Russia and have exceptional circumstances then you can file with the consulate that has jurisdiction. 

DCF now is only available for "exceptional circumstances" and you have to contact the Embassy about it directly, so in this case Warsaw. Merely being an American living with your spouse abroad is no longer criteria for DCF.
 
https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf
 
See the document linked above for more details, but in short exceptional circumstances means:
 Military emergencies Medical emergencies Threats to personal safety Close to aging out Petitioner has recently naturalized Adoption of a child Short notice of position relocation for US citizen living abroad  

I'm also interested in Russia. I submitted the application about 45 days ago and we're now waiting for the letter for the interview. It would be great to get an idea of how long that will take. 

I concur. The process is so broken that it is almost more attractive to just do things illegally rather than legally. I am not advocating criminal activity, just saying that those of us who follow the laws seem to get left out in the wind.

Here is a link (in Russian) to the information. I will attempt to post screenshots translated into English.
 
https://migrant.ru/chto-izmenyaetsya-s-01-11-2019-goda-dlya-inostrannyx-grazhdan-pri-poluchenii-rvp-i-vnzh/
 
‼TEMPORARY RESIDENCE PERMIT (RVP). ‼
 
📙1. Foreign citizens who have the right to receive a TRP without taking into account the quota:
✅- a minor child, as well as an incapacitated adult, if one of the parent (guardian) has a TRP, for a period like a parent (guardian). A minor child, as well as an incapacitated adult at the same time as a parent (guardian) receiving a TRP;
✅- a foreign citizen who is legally married to a citizen of the Russian Federation (at the place of residence of the spouse of a citizen of the Russian Federation);
✅- a foreign citizen who has made investments in the Russian Federation in the amount established by the government;
✅- a foreign citizen who entered the military service in the Russian Federation for a period of service;
✅- a foreign citizen who is a participant in the state program for the voluntary resettlement of compatriots;
✅- Citizens of the countries of the former USSR and who received higher professional education in the Russian Federation (an innovation, previously there was no such basis for a RWP);
✅- citizens of Ukraine or stateless persons permanently residing in the territory of Ukraine, recognized as refugees or received temporary asylum on the territory of the Russian Federation (innovation, previously there was no such basis for a temporary residence permit).
 
📙2.Term for consideration of a TRP:
For foreign citizens from visa countries and citizens who have applied for a TRP outside the Russian Federation, the term for consideration of a TRP is reduced from 6 to 4 months.
 
📙3. Grounds for cancellation of the TRP:
✅ - the period of stay outside the Russian Federation is not more than 6 months in total during the calendar year (from January 1 to December 31). Previously, it was possible to stay for no more than 6 months continuously;
✅- upon application, you can refuse the RVP (previously it was impossible to refuse the RVP).
 
‼RESIDENCE PERMIT (residence permit). ‼
 
📙1. Foreign citizens who can obtain a residence permit without going
✅through a temporary residence permit: - foreign citizens born in the territory of the RSFSR and holding USSR citizenship (before December 21, 1991);
✅- a minor child, as well as an incapacitated adult, if one of the parent (guardian) has a residence permit. Issued for a period like a parent (guardian). A minor child, as well as an incapacitated adult simultaneously with a parent (guardian) receiving a residence permit.
✅- a foreign citizen who has a parent, son or daughter who is a citizen of the Russian Federation and permanently resides in the Russian Federation. Also, this category of foreign citizens is exempt from the Russian language exam;
✅- a foreign citizen recognized as a native speaker of the Russian language;
✅- highly qualified specialists who carry out at least 6 months prior to the day of filing an application for a residence permit, labor activity in the Russian Federation in a profession (specialty, position) included in the list of professions - qualified specialists.
✅- foreign citizens who have successfully mastered a state-accredited educational program of higher education in full-time education in the Russian Federation and received a certificate of education and qualifications with honors;
✅- a foreign citizen who is himself or a relative in a direct ascending line, whose adoptive parent or spouse was illegally deported from the Crimean Autonomous Soviet Socialist Republic;
✅- a foreign citizen whose Russian citizenship has been terminated or revoked.
 
📙2. Period of consideration and validity of the residence permit:
You can apply for a residence permit after 8 months after receiving the TRP and no later than 4 months before the expiration of the TRP;
The period for consideration of an application for a residence permit will be reduced from 6 to 4 months. Under the new law, the residence permit will become indefinite (for everyone except the HQS). The residence permit book is changed upon reaching the age of 14, 20, 45 years.
 
📙3.Confirmation of residence for a residence permit:
Notification of a residence permit is submitted annually within 2 months from the date of the expiration of the next year of residence.
 
📙4. Exemption from the need to take an exam for a residence permit:
Foreign citizens applying for a residence permit on the basis of a parent, son or daughter of citizens of the Russian Federation are exempted from the requirement to confirm their knowledge of the Russian language and will not take the exam.
 
📙5. Increase of the state duty The
state duty for the issuance or replacement of a residence permit will increase to 5,000 rubles.
 
📙4. Grounds for cancellation of a temporary
✅ residence permit: - the period of stay outside the Russian Federation is not more than 6 months in total during a calendar year (from January 1 to December 31). Previously, it was possible to stay for no more than 6 months continuously;
✅- The residence permit is canceled if it has not submitted an annual notification continuously during any 2 calendar years after receiving the residence permit.
 
📚You can also familiarize yourself with the text of the Federal Law of 02.08.2019 N 257-FZ in the section on regulatory legal acts. 📚

Here is a link (in Russian) to the information. I will attempt to post screenshots translated into English.
 
https://migrant.ru/chto-izmenyaetsya-s-01-11-2019-goda-dlya-inostrannyx-grazhdan-pri-poluchenii-rvp-i-vnzh/
 
‼TEMPORARY RESIDENCE PERMIT (RVP). ‼
 
📙1. Foreign citizens who have the right to receive a TRP without taking into account the quota:
✅- a minor child, as well as an incapacitated adult, if one of the parent (guardian) has a TRP, for a period like a parent (guardian). A minor child, as well as an incapacitated adult at the same time as a parent (guardian) receiving a TRP;
✅- a foreign citizen who is legally married to a citizen of the Russian Federation (at the place of residence of the spouse of a citizen of the Russian Federation);
✅- a foreign citizen who has made investments in the Russian Federation in the amount established by the government;
✅- a foreign citizen who entered the military service in the Russian Federation for a period of service;
✅- a foreign citizen who is a participant in the state program for the voluntary resettlement of compatriots;
✅- Citizens of the countries of the former USSR and who received higher professional education in the Russian Federation (an innovation, previously there was no such basis for a RWP);
✅- citizens of Ukraine or stateless persons permanently residing in the territory of Ukraine, recognized as refugees or received temporary asylum on the territory of the Russian Federation (innovation, previously there was no such basis for a temporary residence permit).
 
📙2.Term for consideration of a TRP:
For foreign citizens from visa countries and citizens who have applied for a TRP outside the Russian Federation, the term for consideration of a TRP is reduced from 6 to 4 months.
 
📙3. Grounds for cancellation of the TRP:
✅ - the period of stay outside the Russian Federation is not more than 6 months in total during the calendar year (from January 1 to December 31). Previously, it was possible to stay for no more than 6 months continuously;
✅- upon application, you can refuse the RVP (previously it was impossible to refuse the RVP).
 
‼RESIDENCE PERMIT (residence permit). ‼
 
📙1. Foreign citizens who can obtain a residence permit without going
✅through a temporary residence permit: - foreign citizens born in the territory of the RSFSR and holding USSR citizenship (before December 21, 1991);
✅- a minor child, as well as an incapacitated adult, if one of the parent (guardian) has a residence permit. Issued for a period like a parent (guardian). A minor child, as well as an incapacitated adult simultaneously with a parent (guardian) receiving a residence permit.
✅- a foreign citizen who has a parent, son or daughter who is a citizen of the Russian Federation and permanently resides in the Russian Federation. Also, this category of foreign citizens is exempt from the Russian language exam;
✅- a foreign citizen recognized as a native speaker of the Russian language;
✅- highly qualified specialists who carry out at least 6 months prior to the day of filing an application for a residence permit, labor activity in the Russian Federation in a profession (specialty, position) included in the list of professions - qualified specialists.
✅- foreign citizens who have successfully mastered a state-accredited educational program of higher education in full-time education in the Russian Federation and received a certificate of education and qualifications with honors;
✅- a foreign citizen who is himself or a relative in a direct ascending line, whose adoptive parent or spouse was illegally deported from the Crimean Autonomous Soviet Socialist Republic;
✅- a foreign citizen whose Russian citizenship has been terminated or revoked.
 
📙2. Period of consideration and validity of the residence permit:
You can apply for a residence permit after 8 months after receiving the TRP and no later than 4 months before the expiration of the TRP;
The period for consideration of an application for a residence permit will be reduced from 6 to 4 months. Under the new law, the residence permit will become indefinite (for everyone except the HQS). The residence permit book is changed upon reaching the age of 14, 20, 45 years.
 
📙3.Confirmation of residence for a residence permit:
Notification of a residence permit is submitted annually within 2 months from the date of the expiration of the next year of residence.
 
📙4. Exemption from the need to take an exam for a residence permit:
Foreign citizens applying for a residence permit on the basis of a parent, son or daughter of citizens of the Russian Federation are exempted from the requirement to confirm their knowledge of the Russian language and will not take the exam.
 
📙5. Increase of the state duty The
state duty for the issuance or replacement of a residence permit will increase to 5,000 rubles.
 
📙4. Grounds for cancellation of a temporary
✅ residence permit: - the period of stay outside the Russian Federation is not more than 6 months in total during a calendar year (from January 1 to December 31). Previously, it was possible to stay for no more than 6 months continuously;
✅- The residence permit is canceled if it has not submitted an annual notification continuously during any 2 calendar years after receiving the residence permit.
 
📚You can also familiarize yourself with the text of the Federal Law of 02.08.2019 N 257-FZ in the section on regulatory legal acts. 📚

I concur. The process is so broken that it is almost more attractive to just do things illegally rather than legally. I am not advocating criminal activity, just saying that those of us who follow the laws seem to get left out in the wind.

My wife went to the MVD office a few days ago to register me until June 15th, per the Presidential order, but they would only do so for a period of 3 months, They said that most likely in April most foreigners will have to leave Russia as the plan is to start working on the backlog of foreigners stuck here since COVID-19 started. My wife explained that I have a private homestay visa due to us having minor children together who are dual Russian and American citizens. She also explained I have not gotten the TRP (temporary resident permit) because I am having difficulty learning Russian due to TBI (head injuries) from the Iraq/Afghanistan wars. There was a change to the Russian immigration law in November of 2019 that may allow someone like me to get a PRP (permanent resident permit) without taking the test on Russian language, law, and history. This is not confirmed yet and she has a meeting with the information branch of the MVD to discuss it further.
 
Just wanted to share our experiences and the information we receive in the hope that it will help others in similar situations.

This is the topic that seems to be being swept under the rug.  There's quite alot talk about citizenship paths for illegal immigrants, but nobody is talking about how jacked up and gummed up the I-130 process is right now for all of us doing things the proper and legal way.  The current timelines are getting pretty ridiculous.   One executive order from Biden ordering these embassies to ramp up interviews is all it would take.

Very helpful info! Thanks for sharing.

Yes, he extended it to June 15th, 2021 but they will not register anyone until January because the local MVD offices do not have clear directions on how to do so. We went down to the MVD on December 18th, 2020 and they refused to register me. They said to come back in January and that there will be no penalties in January for later registrations, expired papers, etc.

Here is the official decree No. 791
 
http://publication.pravo.gov.ru/Document/View/0001202012170001

Hey everyone,
 
I just saw a message saying the visa validity period has been extended to June 15, 2021. Did anyone else see this? This is quite a surprise to me. My duration of stay is supposed to end in February 2021, but I guess we can stay longer...?
 
 
"On December 15, President Putin signed a decree extending the temporary stay or permanent residency of foreigners and stateless persons in the Russian Federation until June 15, 2021. This decree applies to immigration documents, including visas, residence permits, and migration registration, that have expired or will expire between March 15, 2020, and June 15, 2021. The Russian government has not clarified procedures for handling expiring documents beyond June 15, 2021. The official text of the decree may be found here. (Russian only)
The decree contains additional language limiting the extension to March 15, 2021, for citizens of certain countries. However, per the Ministry of Internal Affairs website, the United States is not included in this list of countries. A further explanation of the presidential decree and the list of countries whose citizens’ visas are only extended until March 15, 2021 is available here. (Russian only)
The decree also contains new language that these extensions do not apply to individuals supporting “terrorist/extremist activity or attempts against public order and public security, including those who participate in an unauthorized meeting, rally, demonstration, march, or picketing.” The Russian government has not clearly defined who would be subject to such designations."

Sounds like from that decree, you can stay longer. Looks like they updated the Embassy website with the same news:
https://ru.usembassy.gov/travel-advisory-extension-of-temporary-stay-or-permanent-residency-of-foreigners-in-russia-until-june-15-2021/

I just got off the phone with the U.S. embassy in Moscow and will write what I was told below.
 
Background: I am an American and my ex-wife is Russian. I have been 'living' in Russia for 5 years on 3-year multiple entry private homestay visas as we have 2 little girls together who live with my 'wife' in Siberia. I usually leave for a day or more every 180 days then return. I have not been able to get a TRP because i have not been able to learn Russian due to a TBI from the war in 2003. We planned on remarrying but the birth of our 18 month old and COVID-19 have prevented us from making the journey to Moscow in order to do so. My wife and I have both had COVID symptoms for over a month now and she received a CT result today indicative of COVID infection. We are awaiting her blood antibody test and I am going within the next few days to get my tests done.
 
Embassy call results: The gentleman I spoke with at the embassy essentially said they have no indication either way of if there will be a new presidential decree extending visa stays. They find out the same time we do because the Russian government does not give them advanced warning. He said they expect there will be a new extension and if so it should be retroactive if issued past December 15th. 
 
My wife read on multiple Russian news websites that the government is expected to extend the visa stays through winter and possibly until March 2021. This is speculation right now as no official sources have confirmed it.   
 
No airline will let you fly if you have COVID or have been exposed to someone with it within the last 14 days.  
 
If you do not have COVID and your stay expires on the 15th with no new decree in place before then you have to make a decision and it will be a gamble either way. Either you stay and hope there is a new decree which they make retroactive, or you leave Russia back to America and cannot return for the foreseeable future as Russia is closed to Americans right now. Either way is risky unless you plan to not return to Russia in the near future. There is a provision which allows Americans who have immediate relatives living in Russia to petition the Embassy in D.C. to allow you to return to Russia but it is not guaranteed.
 
From the U.S. Embassy in Moscow website:
 
"U.S. citizens who hold a tourist visa and have family members in Russia (spouse, children, parents, etc.) are generally NOT allowed to enter under the current rules regarding Covid-19.  They should reach out to the Embassy of the Russian Federation in Washington, DC, for their request to be considered."
 
https://ru.usembassy.gov/covid-19-information/#:~:text=Entry%20and%20Exit%20Requirements%3A&text=The%20Government%20of%20the%20Russian%20Federation%20banned%20the%20entry%20of,residence%20permit%2C%20or%20transit%20passengers
 
This is what I have learned thus far and I hope it helps people to make informed decisions. I will update this if I receive any new information.

I just got off the phone with the U.S. embassy in Moscow and will write what I was told below.
 
Background: I am an American and my ex-wife is Russian. I have been 'living' in Russia for 5 years on 3-year multiple entry private homestay visas as we have 2 little girls together who live with my 'wife' in Siberia. I usually leave for a day or more every 180 days then return. I have not been able to get a TRP because i have not been able to learn Russian due to a TBI from the war in 2003. We planned on remarrying but the birth of our 18 month old and COVID-19 have prevented us from making the journey to Moscow in order to do so. My wife and I have both had COVID symptoms for over a month now and she received a CT result today indicative of COVID infection. We are awaiting her blood antibody test and I am going within the next few days to get my tests done.
 
Embassy call results: The gentleman I spoke with at the embassy essentially said they have no indication either way of if there will be a new presidential decree extending visa stays. They find out the same time we do because the Russian government does not give them advanced warning. He said they expect there will be a new extension and if so it should be retroactive if issued past December 15th. 
 
My wife read on multiple Russian news websites that the government is expected to extend the visa stays through winter and possibly until March 2021. This is speculation right now as no official sources have confirmed it.   
 
No airline will let you fly if you have COVID or have been exposed to someone with it within the last 14 days.  
 
If you do not have COVID and your stay expires on the 15th with no new decree in place before then you have to make a decision and it will be a gamble either way. Either you stay and hope there is a new decree which they make retroactive, or you leave Russia back to America and cannot return for the foreseeable future as Russia is closed to Americans right now. Either way is risky unless you plan to not return to Russia in the near future. There is a provision which allows Americans who have immediate relatives living in Russia to petition the Embassy in D.C. to allow you to return to Russia but it is not guaranteed.
 
From the U.S. Embassy in Moscow website:
 
"U.S. citizens who hold a tourist visa and have family members in Russia (spouse, children, parents, etc.) are generally NOT allowed to enter under the current rules regarding Covid-19.  They should reach out to the Embassy of the Russian Federation in Washington, DC, for their request to be considered."
 
https://ru.usembassy.gov/covid-19-information/#:~:text=Entry%20and%20Exit%20Requirements%3A&text=The%20Government%20of%20the%20Russian%20Federation%20banned%20the%20entry%20of,residence%20permit%2C%20or%20transit%20passengers
 
This is what I have learned thus far and I hope it helps people to make informed decisions. I will update this if I receive any new information.

http://www.85b.org/dress_conv.php