Direct Consular Filing (DCF) is a way for a U.S. citizen or lawful permanent resident (green card holder) to file the first step of the marriage-based green card process (Form I-130) at a U.S. consulate or embassy outside the United States. This process is often faster than filing Form I-130 with the U.S. Citizenship and Immigration Services (USCIS) inside the U.S.
However, Direct Consular Filing comes with certain limitations, including who can use it and what paperwork it speeds up. Below, we’ll break down the details of this process, who can use it, how long it takes, and more.
Who Can Use Direct Consular Filing?
Not everyone can use Direct Consular Filing. It is only available under specific conditions:
- The sponsoring spouse must be a U.S. citizen or lawful permanent resident (green card holder) who is temporarily living outside the U.S. for work or other reasons.
- The sponsoring spouse must show that they are living in (not just visiting) the country where the consulate or embassy is located.
- The sponsoring spouse’s permanent home is or will be in the U.S.
- There must be an exceptional circumstance unless the country has a USCIS international field office available to process the Form I-130.
What Counts as an “Exceptional Circumstance”?
Exceptional circumstances that may qualify you for Direct Consular Filing include:
- Medical emergencies: If either the sponsoring spouse or the spouse seeking a green card faces a medical emergency requiring urgent travel (for example, a pregnancy where the mother cannot travel soon).
- Military deployment: If the sponsoring spouse is a military service member with little notice before being deployed.
- Employment changes: For sponsoring spouses who are U.S. citizens living abroad and suddenly need to relocate back to the U.S. for work.
- Safety threats: If there are credible threats to the personal safety of the sponsoring spouse or the spouse seeking a green card.
How Long Does Direct Consular Filing Take?
The average processing time for Direct Consular Filing is about 9.3 months, though this can vary based on where you are located and whether your spouse is a U.S. citizen or green card holder.
You can check your country’s international USCIS field office for more specific processing times, but keep in mind that these times can change depending on the office’s resources and workload.
Cost of Direct Consular Filing
The cost to file Form I-130 as part of the Direct Consular Filing process is $675. This covers only the first step in the green card process, so keep in mind there will be additional costs for the rest of the application process.
Where Can You Use Direct Consular Filing?
Sponsoring spouses can file Form I-130 at:
- U.S. embassies or consulates (U.S. Department of State).
- International USCIS field offices (U.S. Department of Homeland Security) – if available in your country.
Where you can file depends on your situation:
- If you have exceptional circumstances, you can file at the nearest U.S. consulate or embassy.
- If you do not have exceptional circumstances, you may only file at an international USCIS field office, if one is available in your country.
How to File Form I-130 Using Direct Consular Filing
If You Have Exceptional Circumstances:
- Contact the consulate or embassy where you wish to file your application. Some may not be equipped to handle green card applications, so it’s important to verify.
- Submit Form I-130 along with proof of the sponsoring spouse’s residency, the $675 filing fee, and any required supporting documents. Check with the consulate for acceptable documentation and payment methods.
If You Do Not Have Exceptional Circumstances:
- Check if there is a USCIS international field office in the country where you are residing.
- If there is, submit Form I-130 with proof of the sponsoring spouse’s residency, the $675 fee, and supporting documents. Refer to the USCIS field office for detailed filing instructions.
Note: If you don’t want to deal with the complexities of direct consular filing, you can always choose to file through the regular USCIS lockbox in the U.S., though it may take longer.
Key Requirements for Direct Consular Filing
- Proof of residency: The sponsoring spouse must prove they are living in the country where they are filing thrm I-130 (e.g., showing residency permits, leases, or visas).
- Domicile requirement: The sponsoring spouse must show they are domiciled (have a permanent residence) in the U.S. for filing Form I-864 (the financial support form). Exceptions may apply for U.S. citizens working abroad or for certain government and international organization employees.
Special Considerations
- No appeal: If USCIS determines that your exceptional circumstances don’t qualify, you cannot appeal the decision. You will have to submit the I-130 to a USCIS lockbox in the U.S. instead.
- Complex cases may delay processing: If your case is complicated, consular officers may send it to a USCIS field office in the U.S. for review, which could add additional wait time.
Direct Consular Filing vs. Consular Processing
- Consular processing refers to the entire process where individuals outside the U.S. apply for an immigrant visa (green card) through a U.S. embassy or consulate. Direct Consular Filing is the first step in this process, where you file Form I-130 outside the U.S.
- Adjustment of status is for those who are already in the U.S. and want to apply for a green card without leaving the country, whereas consular processing is for those who need to complete the process from outside the U.S.
Direct Consular Filing can speed up the green card process for certain spouses living abroad, but it comes with specific requirements and limitations. If you’re eligible for it, this can be an effective way to start the marriage-based green card process without delays. For guidance through the process, Boundless can help with all the forms, instructions, and support you need.
