Filing DCF - When is immigration necessary?

[MarcusMuc 1]

Dear VisaJourney community,

before starting my first post I would like to thank you in advance and let you know that this website and forums have helped us a lot! Thank you so much!

I have a specific question to a DCF filing. We, my wife, US Citizen, living with me in Munich since 03/15, recently got married and we now want to file for a DCF IR/CR Visa for me. I think we understood the process due to the very helpful information here. However, we have one open question which we can't figure out.

Background: I am working full-time, so is she. She has a job offer in the U.S., her Germany company opened recently an office at the est coast. My work contract is valid until 12/16. However, I started to look for jobs in Europe, and I think a very suitable job offer is currently in the Netherlands and we would go there for another year before moving to the states. Don't worry, I keep her updated on everything, no secrets

So the question is: There is a scenario I do not get the proposed job and in this case we still would go to the US by 01/17. In that case we would have to start NOW the DCF. However, what happens when we now start the DCF and in 2 months I get the job? Can one pause the DCF filing? Am I then still eligible going to the US (for holidays) as a tourist?

Rephrased I would like to ask: "Is it possible to get a full IR/CR Visa via DCF and then leave the U.S. after immigrating for another year again?"

We know that this sounds wild but that is the situation we are in because it will take up to 2 months for me to know if I get the job or not and we want to be prepared for both cases bc in 2 months DCF is too late for her and I would have to stay in Germany.

I hope someone know someone who has been faced with a simliar situation and I will keep up researching.

Regards from Munich

Laura & Marcus

Edited July 29, 2016 by MarcusMuc

[Penguin_ie 5,993]

Your plan isn't possible in its current inception, because once you have the visa, you need to use it within 6 months. However, you could start filing now and get the I-130 approved, and then if the job offer happens, you can pause your case for up to a year easily, and then resume with sending the next set of paperwork, doing the medical etc. Keep in mind that Denmark does NOT have DCF, only Germany does, so that could cause some complications/ delays if the case needs to be switched.

[Georgia16 2,858]

Your plan isn't possible in its current inception, because once you have the visa, you need to use it within 6 months. However, you could start filing now and get the I-130 approved, and then if the job offer happens, you can pause your case for up to a year easily, and then resume with sending the next set of paperwork, doing the medical etc. Keep in mind that Denmark does NOT have DCF, only Germany does, so that could cause some complications/ delays if the case needs to be switched.

He is looking at job in Nederlands not Denmark. Don't know if he can from the Netherlands though.

[Penguin_ie 5,993]

He is looking at job in Nederlands not Denmark. Don't know if he can from the Netherlands though.

Doh! Thanks for catching that. But unfortunately, same issue with that county. DCF is only available in countries which have a USCIS office within the US embassy, which is currently the following: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[MarcusMuc 1]

Your plan isn't possible in its current inception, because once you have the visa, you need to use it within 6 months. However, you could start filing now and get the I-130 approved, and then if the job offer happens, you can pause your case for up to a year easily, and then resume with sending the next set of paperwork, doing the medical etc. Keep in mind that Denmark does NOT have DCF, only Germany does, so that could cause some complications/ delays if the case needs to be switched.

Doh! Thanks for catching that. But unfortunately, same issue with that county. DCF is only available in countries which have a USCIS office within the US embassy, which is currently the following: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

Thank you for that advice, I did not think of that so far. However, a new question arises if I have to stay in Germany by going for a VISA. Can I not do the I-130, move to the Netherlands and hand in the missing parts as of Mid-2017? In other words, does one have to live in the DCF filing country for the whole process?

[Mark88 183]

The USC has to fulfill the residency requirements (i.e. having a "Meldebescheinigung" that is at least 6 months old and states when she moved to Germany. The "Aufenthaltstitel" can proove this, too). After that though, you can move around. Having a Bavarian mailing address will help, since technically they could say their office is not responsible for the jurisdiction of the Netherlands.