Job first? Can I DCF?

[MWill260 0]

Long story short.  My future wife and I met in May 2017 in Thailand.  I lived and worked in China.  Lots of correspondence between each other, I also flew to Thailand in August, October, November, January, we did marriage certificate in Chiang Mai in February and had our ceremony on February 14.  I flew back to Thailand in March, we got her a Chinese visa to come stay with me in China. We spent time in Hong Kong and Macau first.  Well, I had left China to return home and apply for a new visa as my previous one was cancelled. My company was told by the police that all their teaching employees had to return home and apply for new visas. I did that.  But when my wife and I tried to enter China, she got in and I was denied as I actually am banned now from entering the mainland.  My company and the corrupt police lied to me.  I know that may be confusing and irrelevant to the story, but I want to give some background.  So now, we are in Thailand. We planned to bring her to America in the future but circumstances have pushed our plan ahead faster than we thought.  I want to stay with her in Thailand but money is tight and jobs pay very little here.  Now I get to my questions.

 

I am planning to return to the US within the next couple weeks and I want to start the cr1process ASAP.  On the I-130 form, if I put "unemployed" on the employment section, will that be a hindrance to the process? Should I get a job first before starting the filing? I don't want to wait too long knowing it will be at least a year. As soon as I get back to the states I will get a job, I'm already looking online for opportunities.  Also, I read that the DCF is faster. So say I decide to suck it up and take a low paying teaching job in Thailand.  I've lived in China for over 3 years, can that count as living abroad?  Will this allow me to DCF having lived in China and then living in Thailand?  We consulted with a visa company that helped with our marriage certificate. They are telling me once I get a work permit they can attach me to my wife's home address and we can DCF no problem. Even if I haven't lived in Thailand for 6 months. They also want what I think is a crazy amount of money, about 1500 usd as their fee. I'm not sure I trust them if DCF will work, and I don't want to pay that huge fee. 

 

This process seems almost overwhelming, we just want to get it right, with no delays to begin our life together as smoothly as possible. 

Thanks in advance. 

[patienceiskey 15]

Last year, I was working overseas.  There is a memorandum issued by USCIS -  you can do a google search for PM-602-0043.1.  The document states that if you have short notice of a job relocation back in the States, that could qualify as an 'exceptional circumstance' for DCF filing.

 

I provided everything USCIS required to prove I had a job offer back in the US - but unfortunately I was still denied and told I need to file the I-130 through typical means.  Hope this info was useful.

[geowrian 22,337]

You don't need to meet the financial requirements at the time of filing the I-130. The I-864 will come into play after approval of the I-130.

 

The requirements for DCF vary by country. Typically they want to see 6+ months of physical presence and/or a legal status that permits residency, a lease, etc. The time spent in China together (or anywhere outside where you are applying) has no bearing on DCF. You should contact the embassy directly and ask for what specifically they require for DCF.

[MWill260 0]

Thank you geowrian for the suggestion, I will contact the embassy in Bangkok to see what they require for DCF. 

[MWill260 0]

Thanks patienceiskey for the response.

[Ryan H 3,818]

Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.

[payxibka 10,047]

Bangkok has a USCIS field office.  Google it.  They take walk-ins

[Jorge V 195]

19 hours ago, payxibka said:

Bangkok has a USCIS field office.  Google it.  They take walk-ins

This is correct and can be verified at the official Bangkok USCIS page: https://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-uscis-bangkok-field-office

Specifically:

 

 

Quote

 

Appointments

You do not need an appointment to visit USCIS Bangkok.

Walk-Ins

USCIS Bangkok accepts walk-ins.  Walk-ins are served on a first-come, first-served basis.