Applying for I-130 directly in Belgium

[Mk8 0]

I am an American citizen, living in Belgium for the past 10 years. A few years ago I gained Belgian citizenship as well. I've been with my Belgian partner for 7 years and now we have decided to move to the US. I just received and accepted a job offer in the US that requires me to start next month.

 

We are in a "cohabitation légale" in Belgium, which is similar to a civil partnership here (joint taxes etc) but not a recognised status by the American government. We had been considering the K-1 visa, so that we could get married in the US and because it was a faster process. However, the embassy here in Brussels has explicitly told me they are not processing K-1 visas due to the Schengen travel ban. So we've decided to get married already here in Belgium and then apply for the spouse visa via direct consular filing, with an exceptional circumstance (job offer).

 

The immigration lawyer we had consulted was not familiar with this process and the embassy will not answer any questions (other than refer to this page). I guess I'm just worried about this whole process and don't know where to get answers:

• Will it look strange that we basically apply the day after we get married?
• I'm guessing I have to still be physically in the country when we apply, but then I'll need to leave shortly afterwards to start the new job, is that ok?
• Finally, any idea of timeframes? Our immigration lawyer said the spouse visa is normally 1-1.5 years, but I assume applying via DCF speeds that up?

 

Thanks for any advice!!

[JeanneAdil 6,498]

No,  it will not look strange/ you can apply as soon as you have the marriage certificate and translation into English documents

check the guides above to see the process

and check the portal for Beligum by hitting portal above for best sense of a time frame from your country

BTW as a USC you should have been filing US tax returns for the foreign income (over $100,000 is tax exempt by filing out the 2555 form)/ the IRS transcripts required for current income at interview and form I 864 (fillled out at 2nd stage of process ) asks for last 3 years of income 

anywhere from 12 to ????? for CR1 (spouse) processing times because of covid/   fiancee is not faster these days

and this process does not require a lawyer

[Mk8 0]

Thanks for your answers! I have indeed been filing my taxes every year I made money in Belgium (I was first here as a student).

[NancyNguyen 1,657]

30 minutes ago, Mk8 said:

I am an American citizen, living in Belgium for the past 10 years. A few years ago I gained Belgian citizenship as well. I've been with my Belgian partner for 7 years and now we have decided to move to the US. I just received and accepted a job offer in the US that requires me to start next month.

 

We are in a "cohabitation légale" in Belgium, which is similar to a civil partnership here (joint taxes etc) but not a recognised status by the American government. We had been considering the K-1 visa, so that we could get married in the US and because it was a faster process. However, the embassy here in Brussels has explicitly told me they are not processing K-1 visas due to the Schengen travel ban. So we've decided to get married already here in Belgium and then apply for the spouse visa via direct consular filing, with an exceptional circumstance (job offer).

 

The immigration lawyer we had consulted was not familiar with this process and the embassy will not answer any questions (other than refer to this page). I guess I'm just worried about this whole process and don't know where to get answers:

• Will it look strange that we basically apply the day after we get married?
• I'm guessing I have to still be physically in the country when we apply, but then I'll need to leave shortly afterwards to start the new job, is that ok?
• Finally, any idea of timeframes? Our immigration lawyer said the spouse visa is normally 1-1.5 years, but I assume applying via DCF speeds that up?

 

Thanks for any advice!!

You can file immediately after you got your marriage certificate. It is not "physical presence" for filing but "established domicile" you will have to prove your US domicile (tax, banks, residence...) DCF is a no go except for special circumstances (usually military), which you don't have. You will have to file i-130 online or paper.

[Boiler 45,479]

1. I doubt it

2. I could see that being an issue, if it is being reviewed and you started your job sometime before, does help with Domicile.

3. Faster, but not fast, not sure there is enough data to make a sensible guess.

[Mk8 0]

3 minutes ago, NancyNguyen said:

You can file immediately after you got your marriage certificate. It is not "physical presence" for filing but "established domicile" you will have to prove your US domicile (tax, banks, residence...) DCF is a no go except for special circumstances (usually military), which you don't have. You will have to file i-130 online or paper.

Why do say DCF, with exceptional circumstances, doesn't apply to us? Reading this page from the embassy, it appears as an American living abroad with a job offer in the US with short notice of relocation back to the US, then I would be eligible. 

 

I'm not sure what you mean about the established domicile aspect, can you clarify?

 

Thanks so much for your time!

[StrawberryKiss 170]

3 minutes ago, NancyNguyen said:

DCF is a no go except for special circumstances (usually military), which you don't have. You will have to file i-130 online or paper.

Not correct. A job offer is listed as an exceptional circumstance that can qualify you for DCF when it comes to the I-130. We had also considered it. 

[Mk8 0]

5 minutes ago, Boiler said:

1. I doubt it

2. I could see that being an issue, if it is being reviewed and you started your job sometime before, does help with Domicile.

3. Faster, but not fast, not sure there is enough data to make a sensible guess.

Thank you!

[millefleur 5,046]

You may try the exceptional circumstances DCF route with a job offer. Let us know how it goes!

[payxibka 10,045]

56 minutes ago, StrawberryKiss said:

Not correct. A job offer is listed as an exceptional circumstance that can qualify you for DCF when it comes to the I-130. We had also considered it. 

A job offer is not an automatic.   You make your request to the consulate and wait for the response 

[Mk8 0]

11 minutes ago, payxibka said:

A job offer is not an automatic.   You make your request to the consulate and wait for the response 

Is it common to deny people who have a US job offer? Is it a less likely case than the other qualifying events?

[StrawberryKiss 170]

37 minutes ago, payxibka said:

A job offer is not an automatic.   You make your request to the consulate and wait for the response 

Exactly why I wrote "can qualify you" and not "will"  Nothing is guaranteed. 

[carmel34 3,625]

45 minutes ago, Mk8 said:

Is it common to deny people who have a US job offer? Is it a less likely case than the other qualifying events?

DCF cases are less likely to be accepted the last year or so, after USCIS offices in most embassies/consulates were shut down.  The interpretation of "exceptional circumstances" seems to be getting stricter which is why some responses to your question were negative.  Yes, the policy you quoted says that a job offer in the US qualifies, but I recall a few similar cases here on VJ that we not successful in trying for DCF.  You can always ask your US embassy/consulate and see what happens, why not?  If approved, it would be unlikely that they could process a CR-1 in a month, maybe two or three months, but with COVID everything is taking longer than normal.  And once you move to the US to start the new job there, your new spouse would not qualify for DCF anymore.  Another option would be to file the I-130 petition the normal way (you can do it online), and then apply for an expedite based on your job offer in the US.  Good luck, and come back to update everyone for the benefit of future couples.

Edited January 14, 2021 by carmel34

[Boiler 45,479]

Got to be worth an email.

[Mk8 0]

4 minutes ago, carmel34 said:

DCF cases are less likely to be accepted the last year or so, after USCIS offices in most embassies/consulates were shut down.  The interpretation of "exceptional circumstances" seems to be getting stricter which is why some responses to your question were negative.  Yes, the policy you quoted says that a job offer in the US qualifies, but I recall a few similar cases here on VJ that we not successful in trying for DCF.  You can always ask your US embassy/consulate and see what happens, why not?  If approved, it would be unlikely that they could process a CR-1 in a month, maybe two or three months, but with COVID everything is taking longer than normal.  And once you move to the US to start the new job there, your new spouse would not qualify for DCF anymore.  Another option would be to file the I-130 petition the normal way (you can do it online), and then apply for an expedite based on your job offer in the US.  Good luck, and come back to update everyone for the benefit of future couples.

Thank you for your advice! I guess I'm confused about how DCF with exception circumstances is suppose to work for short notice job offers. Most jobs won't wait 3+ months for someone to start. I understand it is necessary to still be in the foreign country to apply but I thought it would be understood that the American citizen will likely need to move to the US first. I will definitely provide updates!

5 minutes ago, Boiler said:

Got to be worth an email.

If you mean to the embassy, they won't answer any questions via email or phone. They've said we need to apply and then they will decide.