Possible to Expedite i-130? (expat US Cit)

[Jojo92122 1,924]

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Edited August 18, 2018 by Jojo92122

[Jojo92122 1,924]

1 minute ago, RobV said:

He might qualify for NIW and get a green card without the need for sponsor. 

Bwaaaa!!!!!!!!

 

Please tell us more about how he will get this NIW?  Based on what?  How long will that take?  

OP needs to deal with this realistically.  Throwing out random things like an NIW is sending her on a wild goose chase.  Stop.  

[RobV 0]

5 minutes ago, Jojo92122 said:

Bwaaaa!!!!!!!!

 

Please tell us more about how he will get this NIW?  Based on what?  How long will that take?  

OP needs to deal with this realistically.  Throwing out random things like an NIW is sending her on a wild goose chase.  Stop.  

IT will most likely take 1.5- 2 years and only chance of success with Lawyer ($6000 - 7500). But having PhD and working in academia (publications and citations) are the one thing they look for.with NIW (if it is in relevant field).

 

getting there fast and cheap is not/never an option

[Jojo92122 1,924]

6 minutes ago, RobV said:

IT will most likely take 1.5- 2 years and only chance of success with Lawyer ($6000 - 7500). But having PhD and working in academia (publications and citations) are the one thing they look for.with NIW (if it is in relevant field).

 

getting there fast and cheap is not/never an option

How is this quicker and better than an IR-1 spousal visa?

 

OP is looking for an expedite.  A quicker way than the IR-1 to come to the US.

 

You are suggesting a much harder process with a much lower chance of success that takes longer and is more expensive than an IR-1 spousal visa.  

[TNJ17 1,329]

That’s not a reason to expedite. They’ll laugh at you. Everyone deals with long distance relationship while going through this. It is what it is. And no one is more special than the other. 

 

You’re gonna have to move back first and establish residence, that means get a job, get a house, bank accounts, bills. A student loan you haven’t even started to pay yet is no proof of establishing residence. On the contrary, USCIS will see that you haven’t paid on it and will think you’re never going back to the country. 

[Cyberfx1024 7,980]

5 hours ago, Roel said:

It's not. 

 

Steps:

1. Work on your domicile and sponsorship issues. If you don't want to find work, find a cosponsor. 

2. File i130 if you haven't already. 

3. Wait 12 to 14 months  

4. Profit. 

 

Getting work Visa involved is completely unnecessary. 

 

 

Does Switzerland allow DCF? That would make it faster if they did that.

[Jojo92122 1,924]

10 minutes ago, Cyberfx1024 said:

Does Switzerland allow DCF? That would make it faster if they did that.

 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office

OP should contact USCIS in Germany for the answer.

[Cyberfx1024 7,980]

7 minutes ago, Jojo92122 said:

 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office

OP should contact USCIS in Germany for the answer.

Thank you I am out and about so I couldn't look up the answer right away 

[Roel 7,193]

I've looked up couple lists of DCF countries and Switzerland doesn't seem to be on it  

[JFH 12,191]

23 minutes ago, Jojo92122 said:

 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office

OP should contact USCIS in Germany for the answer.

They will allow a Swiss resident to file via DCF in Germany "in exceptional circumstances". I don't see anything exceptional about the OP's circumstances so far but there may be things that have not been disclosed here. The death of a grandfather is not exceptional. Death is one of the only certainties in life. Not wanting to be apart is not exceptional. Choosing to be a homemaker is not exceptional. 

[Villanelle 4,122]

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

 

There are various things being discussed here. An expedite is when you 'jump the line' so to speak.  You file through the lockbox like everyone else, you go through NVC and then the Embassy. You can ask for an expedite for the 130(lockbox/USCIS) and another expedite at NVC, and then you can even request the Embassy to expedite your interview.

 

I believe the criteria for expediting has been posted. You probably do not qualify for that 

 

--

 

DCF is filing directly overseas. IF DCF is not offered in your area you can apply for permission to apply for DCF. This is not the same as an expedite. The criteria includes short notice job offer however it states job offer for USC. Not sure if they would accept your husband since its your husband who has the job offer.

 

They do have the ability to approve your request to file DCF based on your circumstances. Apply and find out. If unsuccessful attempt the 130 expedite.

[mushroomspore 3,044]

Unfortunately, you cannot adjust the immigration process to fit you and the nuances of your life circumstances.  You need to adjust yourselves to the process and this is the only thing you can do. 

 

I would advise against work visas. They have much more stringent regulations and good luck finding an employer who fits your husband's qualifications, can provide the right job and salary AND is willing to do the visa process AND is familiar with the process to ensure success. Even then, this hypothetical employer may not keep your husband employed forever and at that point, he loses his work visa and all the benefits that come with it.

 

You are your husband's best bet as family-based immigration is still the most efficient way to bring a loved one over. But it is not fast. You will need to do things like get a joint sponsor in order to even qualify in the eyes of USCIS of being able to grant him the spousal visa. The sooner you accept all this, the sooner the clock starts running and you guys will be able to move. If you can't accept the reality, then forget the American immigration process altogether and continue to live abroad. These are your options.

Edited August 18, 2018 by mushroomspore
Missing a word

[CEE53147 559]

Decent universities are cap exempt and can file for an H-1b any time of year.  H-1B is dual intent so the desire to AOS is OK.

 

The big issue is getting a job; positions have been filled for the 2018-19 academic year most places and there is the problem of an interview. Many universities do not have a budget for interviewing an international candidate.

 

Academic positions are VERY competitive; there can be hundreds of applications for a single job.  Few are for other than Assistant professor.

 

It is possible but unlikely.  You need to return to the US and get a job.

[Diane and Chris 651]

@mushroomspore Would OP be able to file for husband based on assets?

[Jojo92122 1,924]

6 minutes ago, Diane and Chris said:

@mushroomspore Would OP be able to file for husband based on assets?

Sure.  If she has $60,000 in assets that would not be a hardship to sell within 1 year to meet the minimum AND she can show intent to establish a US domicile.