File I-130 and extraordinary circumstances after filing

[Jeanne Adil 1,651]

1 minute ago, Jorge V said:

Maybe you're right that they're not in Sweden, but OP does say that she is Swedish, that they live in an EU country, and that they are in the UK field office's jurisdiction (which Sweden is). Maybe I'm missing where she says exactly where they are, but even if they are not in Sweden, the rules for filing via DCF from a non DCF country are the same.

 

The US citizen doesn't need to establish residency, but rather, he needs to prove intent to reestablish residency. A job offer certainly helps, as well as things like signing an apartment lease and buying 1 way plane tickets.

 

I agree that expedites are rarely granted, but this isn't an expedite. This is a request to file at a USCIS field office from abroad while not living in that field office's country (but living in that field office's jurisdiction). These have a much lower barrier to overcome than expedites. In my time on VJ, I've never seen an expedite be approved, but I have seen several requests to file DCF from a non DCF country approved, and most of them have been due to short notice job offers.

she said they live in a country that does not do DFC (the way i read it) so expediate is the only option

[Roel 7,192]

If the expedite based on the US sponsor job offer even possible? I mean, kind of doesn't make sense for me. He can move to the States whenever he wants anyway.

[Jorge V 195]

9 minutes ago, adil-rafa said:

she said they live in a country that does not do DFC (the way i read it) so expediate is the only option

You are correct in that Sweden does not offer DCF, only these countries do: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices . However, each one of those field offices has jurisdiction over other countries. If you click through to the UK field office's website (seems to be down currently), they list which countries they have jurisdiction over, Sweden being one of them. 

 

If you are a US citizen who lives abroad but do not live in a country with DCF, you can apply for DCF at your nearest USCIS field office if you meet the criteria in OPs memo (https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf). A short notice job offer is one of the criteria. 

 

So in OPs case, she qualifies for filing DCF from a non DCF country. So this is not an expedite. She is merely request to file DCF in the UK while living in Sweden (or some other EU country).

 

4 minutes ago, Roel said:

If the expedite based on the US sponsor job offer even possible? I mean, kind of doesn't make sense for me. He can move to the States whenever he wants anyway.

As mentioned above, this isn't an expedite. It's DCF from a non DCF country. It may not make sense, but it's in the USCIS rule book and is approved more often than not.

Edited September 16, 2018 by Jorge V

[JFH 12,190]

The OP mentioned they are in Ireland which comes under the London USCIS field office jurisdiction. If they had children that might help

wuth the urgency of the situation and being approved for DCF as they could argue that they want to get them to the USA before the next school sssion starts, for example. 

 

That said, it doesn’t harm to ask. The worst that can happen is they are told “no”.

[Boiler 45,486]

Getting a job when you are not in country is often tricky.

[TM92 527]

7 hours ago, C-Sweden said:

My understanding is that it’s not worth applying for a K3 Visa to shorten the timeline (if even the case)?

Correct. Although the K-3 is still mentioned in current US law, it's basically obsolete. In fiscal year 2017 only fifteen K-3 visas were issued worldwide: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2017AnnualReport/FY17AnnualReport-TableXVIB.pdf

Even USCIS acknowledges this, https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas:

Quote

However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

[C-Sweden 11]

3 hours ago, Jorge V said:

Here's a thread in the DCF forum that might help you, seeing as how it's also someone from Sweden with a short notice job offer: http://www.visajourney.com/forums/topic/662470-visa-interview-update-dcf-with-exceptional-circumstances-stockholm/ . There is at least one other person in that thread who reported success filing via DCF from Sweden under the same circumstances.

 

While the OP's attorney seemed to ham up her importance to the new company, if I remember correctly the job itself wasn't highly specialized. I frequently read others on here say that a normal job offer is not enough to DCF from a non DCF country (and that if it were possible everyone would do it), but we occasionally get posters reporting success on the DCF forum doing exactly this. In my opinion you should at least give it a try. Worst case scenario is that your petition will not be accepted. I'm pretty sure they won't charge you the $535 as you first have to get approval before even sending that in, but you might want to double check. You can also try messaging those two users directly to get more details.

 

Thanks - I missed this one!

 

Even if $535 is much money we think it worth risking  paying twice worst case. 

 

I’ve messaged another user here that went the same route as what I’m asking for so hopefully this person comes back too.

[geowrian 22,337]

You can try for the exceptional circumstances if you have a firm job offer/transfer before filing. Don't hold your breath, though...it's not commonplace for approval, even if it is listed as a circumstance that may qualify. The USCIS field office with jurisdiction over the country makes the call.

Waiting to get a job offer may just end up prolonging the situation.

[C-Sweden 11]

2 hours ago, Jorge V said:

Maybe you're right that they're not in Sweden, but OP does say that she is Swedish, that they live in an EU country, and that they are in the UK field office's jurisdiction (which Sweden is). Maybe I'm missing where she says exactly where they are, but even if they are not in Sweden, the rules for filing via DCF from a non DCF country are the same.

 

The US citizen doesn't need to establish residency, but rather, he needs to prove intent to reestablish residency. A job offer certainly helps, as well as things like signing an apartment lease and buying 1 way plane tickets.

 

I agree that expedites are rarely granted, but this isn't an expedite. This is a request to file at a USCIS field office from abroad while not living in that field office's country (but living in that field office's jurisdiction). These have a much lower barrier to overcome than expedites. In my time on VJ, I've never seen an expedite be approved, but I have seen several requests to file DCF from a non DCF country approved, and most of them have been due to short notice job offers.

We are currently living in Ireland and U.K. doesn’t process DCF from here unfortunately. We feel like moving to the U.K. is a process in itself even if it would help us due to that we would live in a DCF country. 

[JFH 12,190]

5 hours ago, C-Sweden said:

We are currently living in Ireland and U.K. doesn’t process DCF from here unfortunately. We feel like moving to the U.K. is a process in itself even if it would help us due to that we would live in a DCF country. 

That would be crazy. By the time you’ve moved to the U.K. and established yourselves there (job, place to live, etc) you could be half-way  there through the process if you’d gone the standard route. 

[pushbrk 12,879]

A person can TRY anything but it would seem your best option is simply to start the process now in the conventional way.  Putting immigration aside, getting a job offer in the US while living in Ireland is not something I would expect to be easy.  If you think it IS going to be pretty easy for this US Citizen, then start looking a few months after filing and expect that if things happen sooner, he leaves ahead of you.  Temporary separation of families is pretty much the norm in spouse immigration cases.  In and of itself, it is nothing "exceptional".

[TNJ17 1,329]

There is nothing extraordinary about this case. If you don’t live legally in a DCF country that is NOT an option for you. Your US citizen husband is free to move back anytime he wants. You have to wait until your process is completed. You can request an expedite but short of an actual emergency you won’t get approved for it. I’ve never heard anyone expediting any family based visa processing due to a job offer. Be prepared to spend time apart. Everyone does it. It’s no big deal. 

[Villanelle 4,122]

1 hour ago, TNJ17 said:

There is nothing extraordinary about this case. If you don’t live legally in a DCF country that is NOT an option for you. Your US citizen husband is free to move back anytime he wants. You have to wait until your process is completed. You can request an expedite but short of an actual emergency you won’t get approved for it. I’ve never heard anyone expediting any family based visa processing due to a job offer. Be prepared to spend time apart. Everyone does it. It’s no big deal. 

Please read the post by  @Jorge V  If you are a USC and get a short notice job offer you qualify for DCF in a non DCF country. This is because of various wordings by congress basically saying USCs are number 1 important (before resident immigrants)and USCISs reflecting policies that give USCs advantages in the immigration process over LPRs without anyone accusing them on not treating all men equal.

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

[Jorge V 195]

2 hours ago, TNJ17 said:

There is nothing extraordinary about this case. If you don’t live legally in a DCF country that is NOT an option for you. Your US citizen husband is free to move back anytime he wants. You have to wait until your process is completed. You can request an expedite but short of an actual emergency you won’t get approved for it. I’ve never heard anyone expediting any family based visa processing due to a job offer. Be prepared to spend time apart. Everyone does it. It’s no big deal. 

Just want to reiterate that this isn't an expedite. It's a USC who lives in a non DCF country requesting to file DCF. This is an option for OP. The memo she and others have linked specifically point this out. In the words of the memo,  "USCIS will likely authorize DOS to accept and process an I-130 petition" for a short notice job offer. There have been multiple cases on the DCF forum where residents of a non DCF country were permitted to file DCF, just like OP. If her USC spouse can find a job online, which depending on his industry might be very easy (I'm a software engineer and every job I've gotten has been online with no in person interview), then I give them better than even odds at being approved for this.

 

Many people have mentioned that they should just wait like everyone else. This seems petty and somewhat vindictive. OP has the opportunity to potentially speed up her process by 10 months by following USCIS' own rules, shouldn't we be supportive of that rather than dismissive?

[pushbrk 12,879]

40 minutes ago, Jorge V said:

Just want to reiterate that this isn't an expedite. It's a USC who lives in a non DCF country requesting to file DCF. This is an option for OP. The memo she and others have linked specifically point this out. In the words of the memo,  "USCIS will likely authorize DOS to accept and process an I-130 petition" for a short notice job offer. There have been multiple cases on the DCF forum where residents of a non DCF country were permitted to file DCF, just like OP. If her USC spouse can find a job online, which depending on his industry might be very easy (I'm a software engineer and every job I've gotten has been online with no in person interview), then I give them better than even odds at being approved for this.

 

Many people have mentioned that they should just wait like everyone else. This seems petty and somewhat vindictive. OP has the opportunity to potentially speed up her process by 10 months by following USCIS' own rules, shouldn't we be supportive of that rather than dismissive?

In short then, WAITING for a job offer to file, AND a successful request to file DCF in London based on that job offer, would shorten total processing time to 4 or 5 months.  Depending on HOW short notice the job offer, that would reduce the time separated, as compared to filing from abroad NOW and getting a job offer SOON.  

 

Another thing to consider is that if the job offer is to start in 30 days, the request to file DCF may well be denied, because the process cannot be completed in 30 days.  USCIS would be making a judgment call on the DCF issue.  IF it doesn't go the OP's way, then hindsight is going to have them kicking themselves for not filing now.

 

On the third hand, it is also possible that the visa may be in hand BEFORE there is any job offer, meaning the foreign spouse needs to enter the US before the visa expires, but cannot immigrate before the US Citizen spouse moves back to the US.  

 

A job offer, takes care of the domicile related issues.  Without a job offer keeps those issues alive and creates others.

 

Lots of judgment calls to make.  It might be worth a drop in to the USCIS field office in London to simply gauge their willingness to take a DCF case from Ireland based on the USC having a short notice job offer.  That they CAN, does NOT mean they necessarily WILL.