File I-130 and extraordinary circumstances after filing

[Jorge V 195]

23 minutes ago, pushbrk said:

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.

I think that's a fair way of putting it. Though I'm taking a more optimistic stance as I've seen it be successful before. 

 

One minor thing to correct on your second point. The petitioner does not have to wait for DCF to be completed before moving to the US. He only needs to be present in the foreign country at the moment of filing. As soon as the petition is filed he can leave Ireland and start his job in the US. Many DCF petitioners end up leaving soon after filing to establish domicile and facilitate the move. We normally recommend waiting until the check has been cashed (DCFers don't get an NOA1). Some field offices require that the petition be submitted and paid for in person, in which case the petitioner is free to leave immediately after. 

Edited September 17, 2018 by Jorge V

[pushbrk 12,886]

4 minutes ago, Jorge V said:

I think that's a fair way of putting it. Though I'm taking a more optimistic side as I've seen it be successful before. 

 

One minor thing to correct on your second point. The petitioner does not have to wait for DCF to be completed before moving to the US....

I recognize that.  That's why I indicated DCF would shorten (in this case potential) separation time to no more than the 4 to 5 months it takes to complete the process.  To be clear, since we have no clue WHEN a job offer will come, we don't know if it will shorten separation time at all.

[C-Sweden 11]

3 hours ago, pushbrk said:

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.

That is the hardest part for a person who likes to have everything under control:) 

We have some options to think about in general and regarding a job offer, we can try to get a relocation within the company my husband to be works for now (big US company) or get something elsewhere. If someone needs to headhunt him (someone mentioned this but I don't know if that is important), that is an option too since he has an interesting profile. 

 

All we are trying to do is to be separated in  the shortest amount of time as possible (like everyone else here) and since there is a way that we can try, we feel like we should. We are not really in a hurry right now, but it would be a hard decision to make if he receive a job offer and move there before me even if I can visit.

[pushbrk 12,886]

Lots of hard decisions to make when planning to relocate, even within the US.