Questions About DCF Exceptional Circumstances Qualifications

[Cait 1]

Hello! Located in England, so would be trying to file in london.

 

I'm the US citizen, and I'm living in the UK on my tier 4 visa. I've been here almost a year so I'm a legal resident, presently engaged to UK citizen, filing intent to marry this week.

 

If I get a job offer with short notice back in the US (and I'm applying like crazy), can we apply for DCF exception for that if it happens after we're married? Or am I not qualified because I'm here with limited stay on my student visa and/or because I'm currently employed?

 

 

 

[bobjennyhitched 99]

1 hour ago, Cait said:

Hello! Located in England, so would be trying to file in london.

 

I'm the US citizen, and I'm living in the UK on my tier 4 visa. I've been here almost a year so I'm a legal resident, presently engaged to UK citizen, filing intent to marry this week.

 

If I get a job offer with short notice back in the US (and I'm applying like crazy), can we apply for DCF exception for that if it happens after we're married? Or am I not qualified because I'm here with limited stay on my student visa and/or because I'm currently employed?

 

 

 

I took a look and saw this, might be useful. Otherwise I didn't experience this. @Captain Ewokposted this.

 

 

 

[Cait 1]

7 minutes ago, bobjennyhitched said:

I took a look and saw this, might be useful. Otherwise I didn't experience this. @Captain Ewokposted this.

 

 

 

Thank you! That's really helpful. Now if anyone knows if that's changed now that the USCIS field office is closed and I'd have to go through the consulate, I'd appreciate it!

[Boiler 45,735]

Noharm trying, just do not assume you can avoid the normal process.

[Quarknase 1,072]

3 hours ago, Cait said:

Thank you! That's really helpful. Now if anyone knows if that's changed now that the USCIS field office is closed and I'd have to go through the consulate, I'd appreciate it!

I was under the assumption that DCF can only be done at a USCIS field office abroad. With Frankfurt for example, DCF was discontinued with the closure of the Field office. Consulate now only does the "regular" process where the I-130 needs to be filed with USCIS.

[Cait 1]

4 minutes ago, Quarknase said:

I was under the assumption that DCF can only be done at a USCIS field office abroad. With Frankfurt for example, DCF was discontinued with the closure of the Field office. Consulate now only does the "regular" process where the I-130 needs to be filed with USCIS.

You are mistaken

 

from the london consulate website:

 

 

If you are a U.S. citizen, the Department of State may accept a petition from you if you are filing for your immediate relative (spouse, unmarried child under the age of 21, or parent (if you are 21 years of age or older)) at a U.S. embassy or consulate in certain limited circumstances, as described in the USCIS Policy Manual, Volume 6, Part B, Chapter 3.

U.S. military members stationed in the UK, may file for their immediate relative(s) without the need to establish exceptional circumstances. Please complete and submit this contact form for consideration.

If you have reviewed the exceptional circumstances and believe you qualify, please complete and submit this contact form for consideration. If a consular officer at the U.S. Embassy concurs with your request for exceptional circumstance processing in accordance with USCIS guidelines, you will be contacted to advise you further

[Quarknase 1,072]

6 minutes ago, Cait said:

You are mistaken

 

from the london consulate website:

 

 

If you are a U.S. citizen, the Department of State may accept a petition from you if you are filing for your immediate relative (spouse, unmarried child under the age of 21, or parent (if you are 21 years of age or older)) at a U.S. embassy or consulate in certain limited circumstances, as described in the USCIS Policy Manual, Volume 6, Part B, Chapter 3.

U.S. military members stationed in the UK, may file for their immediate relative(s) without the need to establish exceptional circumstances. Please complete and submit this contact form for consideration.

If you have reviewed the exceptional circumstances and believe you qualify, please complete and submit this contact form for consideration. If a consular officer at the U.S. Embassy concurs with your request for exceptional circumstance processing in accordance with USCIS guidelines, you will be contacted to advise you further

That's amazing, and thank you for correcting!

[Boiler 45,735]

6 minutes ago, Cait said:

You are mistaken

 

from the london consulate website:

 

 

If you are a U.S. citizen, the Department of State may accept a petition from you if you are filing for your immediate relative (spouse, unmarried child under the age of 21, or parent (if you are 21 years of age or older)) at a U.S. embassy or consulate in certain limited circumstances, as described in the USCIS Policy Manual, Volume 6, Part B, Chapter 3.

U.S. military members stationed in the UK, may file for their immediate relative(s) without the need to establish exceptional circumstances. Please complete and submit this contact form for consideration.

If you have reviewed the exceptional circumstances and believe you qualify, please complete and submit this contact form for consideration. If a consular officer at the U.S. Embassy concurs with your request for exceptional circumstance processing in accordance with USCIS guidelines, you will be contacted to advise you further

You have answered your own question.

[Cait 1]

2 hours ago, Boiler said:

You have answered your own question.

The specifics seem to be varied on interpretation? And the exact definition of working and how much work, if any, I need to be doing here etc. 

 

I've been doing some remote work for a business I used to work for in the US. Does this count as working while a resident here? Etc. So simplified I asked as such to see if theres specific experiences with it for going from student visas (which have work limits).

[Boiler 45,735]

22 minutes ago, Cait said:

The specifics seem to be varied on interpretation? And the exact definition of working and how much work, if any, I need to be doing here etc. 

 

I've been doing some remote work for a business I used to work for in the US. Does this count as working while a resident here? Etc. So simplified I asked as such to see if theres specific experiences with it for going from student visas (which have work limits).

The only specifics are as posted on the site, if you have a job you have been working for remotely who now want you back in the US that would seem a good reason to apply.

[Just Paul 4,595]

On 8/31/2020 at 8:30 AM, Cait said:

The specifics seem to be varied on interpretation? And the exact definition of working and how much work, if any, I need to be doing here etc. 

 

I've been doing some remote work for a business I used to work for in the US. Does this count as working while a resident here? Etc. So simplified I asked as such to see if theres specific experiences with it for going from student visas (which have work limits).

When you email the immigrant visa unit at the consulate you need to be very specific and detailed about why you are applying under exceptional circumstances.   A new job offer or transferring back to the US usually suffices.  Attach the proof.

 

Now the gotcha is that you need to be in the country under some form of resident visa.  A student visa is not a resident visa.  Working in the UK for a US firm is an issue for UK immigration and that work activity would not be something the consulate cares about.  Your income (I-130) and ability to sponsor (I-864) is something the consulate cares about in a DCF.

[Cait 1]

22 minutes ago, Paul & Mary said:

When you email the immigrant visa unit at the consulate you need to be very specific and detailed about why you are applying under exceptional circumstances.   A new job offer or transferring back to the US usually suffices.  Attach the proof.

 

Now the gotcha is that you need to be in the country under some form of resident visa.  A student visa is not a resident visa.  Working in the UK for a US firm is an issue for UK immigration and that work activity would not be something the consulate cares about.  Your income (I-130) and ability to sponsor (I-864) is something the consulate cares about in a DCF.

Hi! Can I ask where it says it needs to be a resident visa? I thought it just says resident, and as I've been in the UK for over a year now I am a resident here

[Stuwoolf 44]

14 minutes ago, Cait said:

Hi! Can I ask where it says it needs to be a resident visa? I thought it just says resident, and as I've been in the UK for over a year now I am a resident here

Why not scan and send a copy of you BRP? That shows you are in UK on a visa albeit for only a certain number of months until ot is renewed.

 

My USC wife has a BRP however it is only valid for a max of 33 months. After that there is a need to apply for a 2nd 33 month period then the need is to apply for ILR.

 

Forgive me if I am teaching you to suck eggs.

 

Good luck🙂

Edited September 1, 2020 by Stuwoolf

[Just Paul 4,595]

11 minutes ago, Cait said:

Hi! Can I ask where it says it needs to be a resident visa? I thought it just says resident, and as I've been in the UK for over a year now I am a resident here

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

If it was upto USCIS "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."

 

They would not usually allow a student visa as it does not allow you to work.  I student visa is usually limited to specific period or terms.  However the consulate does have some discretion to do otherwise. 

 

 

 

[Cait 1]

1 minute ago, Paul & Mary said:

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

If it was upto USCIS "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."

 

They would not usually allow a student visa as it does not allow you to work.  I student visa is usually limited to specific period or terms.  However the consulate does have some discretion to do otherwise. 

 

 

 

After my course end date I'm allowed to work full time as long as it's not a permanent position tho, and am allowed in general to work 20 hours even during term time. So I can work on it