DCF Exception request in Paris

[gyu 0]

Thanks for this awesome forum, I've learned so much these past two days reading all these posts!

So I am a USC currently living in Paris, France with my french wife and child. I have been offered an amazing position in San Francisco, with a start date mid February 2016 (in 2,5 months!).

Here’s my detailed situation:

• I am a US citizen by birth, born in France from a US citizen mother (I have a CRBA). I’m also a French citizen.
• I’ve lived all my life in France, visiting my US relatives only on vacation.
• I’m married to a French woman, and we have a 3 month old son.

I’m looking for the best options so both can move with me in February and my wife be allowed to work as quickly as possible.

For my wife:

My initial research shows I could request a direct consular filing (9 FAM 42.41 and USCIS Policy Memo PM-602-0043.1) as I am accepting a job offer with short notice and there is no USCIS office in Paris.

What I have not understood yet is wether I need to ask for a visa in addition to filling the I-130, and if so which one (CR-1, K3 or another).

If that DCF exception request does not work, what are my options to bring them in the USA and then request green card (through change of status)? Or do you have other ideas to offer?

For my son:

US Citizenship either through CCA or an N-600k (It seems I can not request a CRBA for my son, as I have not lived in the US the necessary consecutive years). It seems CCA requires to enter at the POE as an LPR, which means some kind of visa.

Thank for any ideas and suggestions!

gyu

[Hypnos 6,577]

Have you filed US federal income taxes? If not, you would need to file back taxes for three years before your wife and child would be able to receive a visa.

It is unlikely you would be allowed to DCF in a non-DCF country; those types of requests are very rarely granted.

Assuming you have filed US federal income taxes and any DCF request you make is rejected, you would need to file an I-130 for your wife and another for your child, so two I-130s total. Expect it to take around a year or so from the time you file until they receive their visas.

Your son, upon entering the US, will automatically become a US citizen under the Child Citizenship Act, since he will be under 18 on the day he enters.

In the event that your DCF request is granted, the I-130 you submitted as part of that process is itself a request for a visa. You would submit the two I-130s, together with detailed explanations of your requests for a DCF expedite under the linked policy memo. DoS would then contact the USCIS office having jurisdiction over your place of residence (for France this is the USCIS office in Rome, Italy) who would then decide whether or not to grant your request.

Edited December 13, 2015 by Hypnos

[gyu 0]

Hi @Hipnos, thanks for reading through my post.

You're right, as I have always lived in France I never bothered to think about the IRS, nor did I even know I was supposed to.

Looking at the documents needed lat week got me worried, so I just recently started the process to late file my taxes (Streamlined procedure through Bright!Tax).

Regarding the DCF request it seems to me that it is supposed to apply exactly in my case:

Exceptional Circumstances: The following are examples of the types of exceptional circumstances where consular officers should request exceptional authorization from USCIS to accept I-130 immediate relative petitions:

[...] (g) Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.

One clarification though: you said the I-130 is a visa request itself, so which kind of visa would it be? A CR-1?

Thanks,

Gyu

[Hypnos 6,577]

CR-1 if you've been married for less than two years; IR-1 if you've been married for two years or more.

[Hypnos 6,577]

I should add that the above is obviously directed towards your wife. Your son would instead receive an IR-2 visa.

[gyu 0]

Update: DCF exception has been filed with the USCIS in Rome on January 11th, and then sent to the embassy in Paris about one week later.

The consular section in Paris then took more than one month to process the request, but accepted the DCF of I-130s on February 24th and gave me an appointment for interview on March 1st.

[Hypnos 6,577]

Interesting. Glad it worked out.

[Boiler 45,789]

Do you have a US domicile? Joint sponsor?

[sputnee 0]

I currently live in The Netherlands and requested an exception to policy at the Amsterdam Consulate for the same reason. It was accepted also. Filed forms on 18 Feb, approved 22 Feb. Just waiting for police check for wife from Germany and will schedule interview.

Glad to hear it worked out for you.

[CanadaFresh 0]

Hi, thanks for Sharing your stories.

 

regarding the exemption you received for DCF, was your "Short notice of position relocation" within the same company or for a completely new employer? My wife and  are facing the same situation and were wondering if it has to be same company/subsidiary or not.

 

thanks in advance !

[Ontarkie 14,324]

8 hours ago, CanadaFresh said:

Hi, thanks for Sharing your stories.

 

regarding the exemption you received for DCF, was your "Short notice of position relocation" within the same company or for a completely new employer? My wife and  are facing the same situation and were wondering if it has to be same company/subsidiary or not.

 

thanks in advance !

This thread is 2 years old. It would be better to start your own thread to ask question. Also guessing from your name if you're looking into DCF Canada does not offer it.

 

~~Thread closed to further discussion.~~