I-130 Direct Consular Filing
The I-130 Direct Consular Filing is a petition which is filed in the country in which the petitioner is current residing rather than filing in the United States. This type of filing may reduce the waiting time to receive the visa. Not everyone may qualify for this type of filing. The requirements are the same for the I-130, but additional requirements include that the petitioner’s permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition.
Most United States embassies have strict requirements with respect to the residence requirements of the petitioner and further only a few embassies will accept a Direct Consular Filing. Since procedures at consulates are constantly changing, it is advisable that you contact an immigration lawyer to set up a consultation to discuss the possibility of filing a Direct Consular Petition on your wife’s behalf.
The following is a partial list of the embassies currently accepting Direct Consular Petitions:
Russia
The USCIS Moscow Field Office accepts and adjudicates petitions for immediate relatives (spouses, unmarried children under the age of twenty one, or parents) filed by U.S. citizens who have lawfully resided in the Russian Federation for at least six months preceding the filing of the petition.
India
The U.S. Citizenship and Immigration Services at the U.S. Embassy in New Delhi accepts I-130 petitions from U.S. citizens who reside in India. U.S. citizens whose principal residence is not in India, and/or are abroad temporarily as a visitor or on business, must file the petition in the United States.
Australia
American citizens, including members of the armed forces, who are resident in Australia may file immigrant visa I-130 petitions for immediate relative (IR) and family preference (F1/F2/F3/ & F4) classifications at the U.S. Consulates General in Melbourne, Sydney, and Perth. The consular officer will determine whether your petition can be adjudicated at the Consulate or whether it will require adjudication by a U.S. Citizenship and Immigration Services (USCIS) office. Only the American citizen petitioner is required to be physically present to lodge an I-130 petition.
Germany
The only petitions that can be filed locally in Vienna, Austria are the ones for immediate relatives of American citizens. All other categories of family based petitions, including fiance(e) visa petitions must be filed in the United States.
The petitioner should file with the local USCIS office, which covers the town or city in which he/she lives. Petitioners who want to file with the office of the Department of Homeland Security/Immigration office in Vienna, Austria must be residents of Austria.
If you would like more information or discuss your matter with one of our attorneys please call us at (845)353-3500, email us at info@visalawyergroup.com, or SCHEDULE A FREE CONSULTATION.