I-130 DCF Related Questions

[jlachine 0]

I'm marrying my Swedish partner this weekend, and am nearing the completion of the I-130.

 

In my application for DCF, I'm making the case for exceptional circumstances due to short term job relocation. Job offer officially received September 30/October 1, though I was conditionally offered the job September 3rd dependent on background check. I fly October 8th to USA to start my new job on October 10th.

 

I'm imagining a post date on my envelope to the embassy as October 8th, 2019 or October 10th, 2019 with all materials. 

 

Filling out the I-130 it asks for my employment history:

 

Employer 1:

I've so far left blank as I don't know if I should put unemployed or if I should put my new job in the USA with a Date From that might contradict post date on my envelope. Previous job ended 09/27/2019.

 

Employer 2:

Date From 11/05/2013

Date To 09/27/2019

 

1) Should I write "Unemployed" in Employer 1... a. Date From: 09/27/2019 b. Date To PRESENT or should I write my new job with Date From 10/10/2019 Date To PRESENT, even if it contradicts post mark on Envelope or signature date? 

 

2) I don't know if it helps or hurts my odds of UCIS processing my claim for DCF if it looks like I already accepted the job offer, or if it looks like I'm unemployed. If I've already accepted the job offer, does that influence the UCIS' decision to process DCF? Do they process the DCF under the presumption I will not accept the job offer if they don't process the DCF?

 

3) Will they expect me to file the I-130 and have it processed in the USA if they think I'm already in the USA for my work?

 

Any thoughts?

 

Thanks for any of your thoughts!

[designguy 1,179]

7 minutes ago, jlachine said:

I'm making the case for exceptional circumstances due to short term job relocation.

Why does this qualify to expedite your case? You having to return to the US to start a job does not seem like a reason to expedite as you have to return anyways to establish domicile. Also seems highly questionable to be making a DCF petition (which it seems Stockholm doesnt even really offer?) the day you are moving back to the US.

[millefleur 5,046]

7 hours ago, jlachine said:

3) Will they expect me to file the I-130 and have it processed in the USA if they think I'm already in the USA for my work?

 

Any thoughts?

All you can do is try. Let us know how it goes. It seems most people here on VJ who have attempted DCF due to job relocation exceptional circumstances did not succeed as the request was not granted.

[payxibka 10,045]

8 hours ago, designguy said:

Also seems highly questionable to be making a DCF petition (which it seems Stockholm doesnt even really offer?) the day you are moving back to the US.

DCF with residency AND exceptional circumstances is potentially available at every consulate.   DCF based on residency alone is available at a select few and will be fewer in the near distant future 

[Just Paul 4,595]

I guess you need to have it accepted by the consulate before you leave.  I don't recall seeing someone file from the US under "Exceptional Circumstances".   Typically you get permission via the consulate while you have residency within its jurisdiction.

 

Good luck.