By George Lake
A Time-Sensitive Immigration Case
Our client, a U.S. citizen serving in the U.S. Army, was stationed in Poland when he and his Polish spouse reached out to Blue Lake Law for assistance with their U.S. immigration process.
Because the U.S. citizen spouse was stationed abroad as part of his military service, the couple was living together in Poland while preparing for their eventual move to the United States.
With the realities of military service and the need to plan their future together, the couple wanted to avoid an unnecessarily lengthy immigration process. Our team therefore evaluated whether Direct Consular Filing (DCF) could be an option for their circumstances.
What Is Direct Consular Filing?
Direct Consular Filing can allow certain U.S. citizens residing abroad to request that a Form I-130, Petition for Alien Relative, be filed directly with a U.S. embassy or consulate in the country where they reside.
DCF is not available in every situation. Ordinarily, a U.S. citizen living abroad may face significant limitations when seeking to file a Form I-130 directly with a U.S. embassy or consulate. However, U.S. military members stationed overseas can have an important exception available to them.
U.S. citizens who are members of the U.S. armed forces and are stationed abroad may be able to pursue DCF based on their official military assignment. This can allow a qualifying service member to request that the I-130 petition for their foreign-national spouse be filed directly with the appropriate U.S. embassy or consulate in the country where they are stationed.
When a DCF request is accepted, the case can then move forward through the consular post rather than following the standard I-130 processing route through USCIS in the United States.
Preparing the DCF Request in Warsaw
Our client’s case was handled through the U.S. Embassy in Warsaw, Poland.
Because DCF acceptance is discretionary, it was important to present the circumstances of the case clearly and provide appropriate supporting evidence from the outset.
Our team worked closely with the client and their spouse to prepare a comprehensive DCF request, focusing on:
- Evidence of the U.S. citizen spouse’s active-duty military status
- Documentation of his official assignment in Poland
- Documentation relating to the couple’s marriage
- Evidence of their residence and circumstances in Poland
- The necessary immigration and supporting documentation
- The DCF request and supporting explanation
- The Form I-130 petition and documentation required for the next stage of the process
Our goal was to give the consular post a clear and well-supported understanding of the couple’s circumstances and why DCF was appropriate in their case.
The Result: DCF Case Completed in Just 2 Months
Fortunately, the DCF request was accepted and our team was able to move forward with the client’s I-130 petition and the subsequent consular processing requirements.
The case was completed in just 2 months.
For an active-duty U.S. Army member stationed overseas, having an immigration process move efficiently was particularly important. The successful outcome allowed the couple to move forward with their plans for their life together in the United States.
Helping Military Families Navigate U.S. Immigration
Military families can face unique immigration circumstances when a U.S. citizen service member is stationed overseas with a foreign-national spouse.
Understanding the immigration options available to military families and determining whether a case may qualify for a process such as Direct Consular Filing can be especially important when military assignments, relocations, and deployment schedules create additional time constraints.
At Blue Lake Law, we understand the importance of carefully evaluating the circumstances of each case and preparing well-supported immigration filings.
In this case, our team successfully prepared the DCF request and subsequent immigration filings for a U.S. Army member and his Polish spouse, resulting in a completed case in just 2 months.
Are You a U.S. Service Member Living Abroad With a Foreign Spouse?
If you are a U.S. service member stationed overseas and are married to a foreign national, you may have immigration options that could help you navigate the process more efficiently.
At Blue Lake Law, we can help you understand your options and determine the most appropriate immigration strategy based on your individual circumstances.
Contact Blue Lake Law today to schedule a consultation and learn how we may be able to help you and your spouse navigate the U.S. immigration process.
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