US citizen with fiancee in Sweden and a new job in the US

[virginc 0]

Hi everyone,

 

I am in a peculiar situation. Please hear me out, I am very stressed and I need help.

 

I am a naturalized US citizen, currently living in Stockholm (Sweden) with my fiancee, who is of Russian nationality. A couple years ago we started a K1 process to go to the US together, but we had a change of plans and we let it expire just before the embassy interviews.

 

I am about to get a really great job offer in Northern California, one that is making us re-consider moving back to the US. The thing is, we don't want to break up (duh). 

 

We have been cohabiting together in Sweden, registered at the right places (there is a paper trail of our relationship that goes back to 5~ years). However we are not married. I have been doing some research, and I am hoping one of you can help me with it and/or correct me if I am wrong.

 

Basically, it seems that because I am about to get a job offer that would make me relocate to the US, we might have the opportunity to get married in Sweden and apply for a I-130 in the Stockholm embassy (Direct Consular Filing) with exceptional circumstances:

 

Quote

Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.

However, we are not married yet. The good news is that with the covid-19 situation and the 3 month notice I would have to hand in to resign from my current job, that gives us 90 days to get married. I am concerned as to what is considered "little notice" though; any idea?

 

So let's say that we file the I-130 through Direct Consular Filing, and they accept it. What exactly happens next? What we are interested in is a CR1. If I understand it correctly, a CR1 visa would allow my fiancee (husband at that point) to get a Green Card / Employment Authorization almost right away after getting to the US. Is this correct? This is where I get lost, and I am super stressed, because I am putting my fiancee's life on the line.

 

Could someone please help me through my timeline and challenge my assumptions?

 

1. Get civilly married in Sweden within the next 90 days 
2. Apply for I-130 through Direct Consular Filing due to exceptional circumstances
3. What's the result of an approved I-130? How do we get the CR1 with the Green Card awaiting upon US entry?

 

Would you guys recommend that we hire an immigration lawyer or is it a straight-forward process? I am well familiar with certain USCIS processes, as I have done plenty of them for myself (student Visa, change of status, naturalization, K1 visa...). But this time it feels different. Thanks a lot for the help.

Edited May 2, 2020 by virginc

[NikLR 13,227]

~~moved to DCF from IR1/CR1 process and procedures. OP would like to try exceptional circumstances DCF~~

[NikLR 13,227]

So once they accept your exceptional circumstances, all the processing will be done at the embassy.  The I-130 is just the beginning.  After that he will need to apply for the visa, you will need to provide an affidavit of support (I-864.)  Thr I-864 will be tricky for you without a current job that is continuing after moving. A new job you havent started yet doesnt count. You may need a joint sponsor or to move ahead.  You will also need to provide evidence of intent to reestablish domicile in the USA.   Your future spouse needs to provide all the ordinary civil documents like police certificates from every country they have lived for 12 months or more or are a resident or citizen of of 6 months or more, a birth certificate etc... all of this info is on the NVC website.  There will be a medical and interview for him.  Once he has the visa in his passport, it becomes an I-551 (green card) upon arrival.  As long as the new immigrant fee of $220 after being issued the visa is paid, the hard copy green card should greet him in the USA within 6 months.  The stamped visa can be used for anything greencard related.  An SSN should also be sent if he checks that box on the DS-260 (visa application).  If not a trip to an SSA office will get that going. 

[Boiler 45,516]

When would the new job start? Obviously timelines are a bit of an unknown currently.

[payxibka 10,045]

Hardest part of the process will be getting exceptional circumstances approved 

[virginc 0]

1 hour ago, NikLR said:

So once they accept your exceptional circumstances, all the processing will be done at the embassy.  The I-130 is just the beginning.  After that he will need to apply for the visa, you will need to provide an affidavit of support (I-864.)  Thr I-864 will be tricky for you without a current job that is continuing after moving. A new job you havent started yet doesnt count. You may need a joint sponsor or to move ahead.  You will also need to provide evidence of intent to reestablish domicile in the USA.   Your future spouse needs to provide all the ordinary civil documents like police certificates from every country they have lived for 12 months or more or are a resident or citizen of of 6 months or more, a birth certificate etc... all of this info is on the NVC website.  There will be a medical and interview for him.  Once he has the visa in his passport, it becomes an I-551 (green card) upon arrival.  As long as the new immigrant fee of $220 after being issued the visa is paid, the hard copy green card should greet him in the USA within 6 months.  The stamped visa can be used for anything greencard related.  An SSN should also be sent if he checks that box on the DS-260 (visa application).  If not a trip to an SSA office will get that going. 

 

So if the I-130 is approved with exceptional circumstances, does that mean that my fiancee won't be able to join me in the US until the CR1 is done processing? It isn't entirely clear how long that process would take with DCF.

 

For the affidavit of support - we have roughly $100k saved up and we currently both have jobs. Does it still sound risky?

 

50 minutes ago, Boiler said:

When would the new job start? Obviously timelines are a bit of an unknown currently.

The job start is very flexible considering the covid-19 situation. Last time I spoke about it with HR, they said we would take it on a month by month basis. However, if I had to estimate it, I would say roughly 4 months from today, and roughly 1-2 months from the day we would file. Do you think that falls under the "little notice" required for DCF?

 

29 minutes ago, payxibka said:

Hardest part of the process will be getting exceptional circumstances approved 

Do you have any experience you might be able to share on that?

Edited May 2, 2020 by virginc

[payxibka 10,045]

47 minutes ago, virginc said:

 

So if the I-130 is approved with exceptional circumstances, does that mean that my fiancee won't be able to join me in the US until the CR1 is done processing? It isn't entirely clear how long that process would 

 

Do you have any experience you might be able to share on that?

You will never get an i130 approved for your fiancee.  An approved i130 for your wife doesn't automatically grant an immigration status or visa. Still gotta finish the entire process 

 

DCF is by far the fastest method.   Some consulates are faster than others.  

 

Everyone's facts and circumstances are different.   Understand what constitutes exceptional circumstances and build your case and evidence around it. 

[Boiler 45,516]

You seem to have a valid DCF claim, go for it.

[millefleur 5,046]

8 hours ago, virginc said:

I am about to get a really great job offer in Northern California, one that is making us re-consider moving back to the US.

It seems your wanting to move back to the US hinges on getting this job. Exceptional circumstances via short notice job offers are hard to get approved, you would need an official offer and something in writing, at minimum, as evidence of this. If you say "I'm about to get a great job offer" but can't back that up with any evidence, most likely they would not consider this for DCF.

 

[HRQX 4,145]

10 hours ago, virginc said:

won't be able to join me in the US until the CR1 is done processing?

Correct. Also note that DOS temporarily suspended routine visa services at all U.S. Embassies and Consulates: https://travel.state.gov/content/travel/en/News/visas-news/suspension-of-routine-visa-services.html

It's very rare for CR-1, K-1, etc. to be issued during the current suspension. I've only seen 1 visa issued in the last few weeks:

It was for the fiance of a US service member that is about to be deployed.