US Citizen living abroad and is looking to petition soon to be husband

[natanicole 0]

13 minutes ago, Boiler said:

Sounds like you need to address Domicile

What do you mean?  How should I address it? I have my drivers license, and bank account in the states

Edited May 21, 2021 by natanicole

[Just Paul 4,595]

1 hour ago, natanicole said:

Yes that’s why I want to go the DCF-EC route, I’ve been applying to get a job so I can relocate with my soon to be husband and show proof of job notice to the embassy. 
Also I would have a joint sponsor which would be my brother, do you think this would be a problem?

You really shouldn't wait to get married.  Best way to get approved is having proof of time together - being married. You need the strongest possible of cases for filing DCF.  Approval is completely up to the consulate.   It doesn't matter who the sponsor is as long as they are qulaified. 

[natanicole 0]

7 minutes ago, Paul & Mary said:

You really shouldn't wait to get married.  Best way to get approved is having proof of time together - being married. You need the strongest possible of cases for filing DCF.  Approval is completely up to the consulate.   It doesn't matter who the sponsor is as long as they are qulaified. 

If i do get a job relocation notice would that be enough? considering that i have been living in guatemala for 12 years?

 

[Chancy 6,243]

1 hour ago, natanicole said:

If i do get a job relocation notice would that be enough?

 

It really depends on the consulate.  As another poster said, some consulates won't accept DCF for any reason.  They have no obligation to.  Only thing you can do is to make a strong case about your exceptional circumstances and send in your request to the consulate.

 

Edited May 21, 2021 by Chancy
clarification

[Just Paul 4,595]

1 hour ago, natanicole said:

If i do get a job relocation notice would that be enough? 

It shouldn't be the only thing.  And having that job with a "family" member isn't the best evidence.

You have one shot at the consulate getting a DCF approved.   You need plenty of good evidence. You don't have ties like housing, insurance, property taxes, voting, a US vehicle or US work history. 

 

Living in Guatemala for 12 years, in and of itself, doesn't mean anything positive to your filing. Just having a US driver's license and a bank account does not  prove significant ties to the US. 

 

We did ours before the DCF rules changed to only "Exceptional Circumstances". We had about an inch of documents with my ties to the US as we only had to show our intent to move back and not anything towards exceptional circumstances.  I filed the I-130 in person with USCIS and on Consulate interview dat had to accompany my wife to a second interview with the CO.

 

[Nitas_man 3,100]

5 hours ago, Paul & Mary said:

It shouldn't be the only thing.  And having that job with a "family" member isn't the best evidence.

You have one shot at the consulate getting a DCF approved.   You need plenty of good evidence. You don't have ties like housing, insurance, property taxes, voting, a US vehicle or US work history. 

 

Living in Guatemala for 12 years, in and of itself, doesn't mean anything positive to your filing. Just having a US driver's license and a bank account does not  prove significant ties to the US. 

 

We did ours before the DCF rules changed to only "Exceptional Circumstances". We had about an inch of documents with my ties to the US as we only had to show our intent to move back and not anything towards exceptional circumstances.  I filed the I-130 in person with USCIS and on Consulate interview dat had to accompany my wife to a second interview with the CO.

 

As did we, before DCF rules changed.  Our document pile, same thickness. 
 

[Nitas_man 3,100]

8 hours ago, natanicole said:

What do you mean?  How should I address it? I have my drivers license, and bank account in the states

Drivers license implies a US address, and that is a start. You have a family member in the US?  

[Nitas_man 3,100]

7 hours ago, natanicole said:

If i do get a job relocation notice would that be enough? considering that i have been living in guatemala for 12 years?

 

If you already work for a US company, were on overseas assignment as a family, and get a last minute job relocation notice to return to your point of origin it might be enough but it would require that you demonstrate you were on temporary assignment at the overseas location to begin with.  You are not.  I cannot see anything about your situation that triggers exceptional circumstances and in your case you are unmarried and choosing to change your circumstances to create an exception.  You can try but that’s not gonna realistically happen.  How were you planning to cover the support affidavit?  Overseas income, no matter how much, is imputed as (zero) unless you are being transferred (see above) and your income continues from the same source (company)

Edited May 21, 2021 by Nitas_man

[SteveInBostonI130 3,483]

Manufacturing a case to try for exceptional circumstance is not the intent of the DCF process.  It was intended to keep a family together when actual circumstances out of control is causing the USC petitioner to move back to the US.

 

Here are the points that count against you:

 

- Not married yet and only recently married when filing.

- Although in a long relationship, only having lived together with your spouse for a short amount of time (if you are planning to move in together after marriage, that is)

- Not having a current job that is transferring you.  You could just as easily look for a job a year from now instead of doing it to solely for DCF.

 

The only thing that counts for you is that you have been living in Guatemala for a while.  

 

First, get married, get the paperwork ready and then email the embassy to see if they are willing to handle your case.

[Boiler 46,125]

We can comment on the regulations for DCF, I have no idea of the intent.

 

I have come across many cases where people have changed their circumstances to meet the DCF requirements, not sure how this is different.

[SteveInBostonI130 3,483]

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

 

Quote

A. When Department of State is Authorized to Accept and Adjudicate Form I-130

USCIS has delegated authority to DOS to accept and adjudicate a Form I-130 filed by a U.S. citizen petitioner for an immediate relative^[4] if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS. This policy applies even in countries with a USCIS presence. Without such delegation, DOS has no authority to permit a U.S. embassy or consulate to accept a local Form I-130 filing abroad.

If a consular officer in a U.S. embassy or consulate encounters an individual case that the officer believes has need of immediate processing of a Form I-130, the consular officer may, but is not required to, accept the local filing in exceptional circumstances, in accordance with the guidance below.

Exceptional Circumstances

Examples of exceptional circumstances include:

• Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected.

• Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

• Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.

• Close to aging out – A beneficiary is within a few months of aging out of eligibility.

• Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship.

• Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years.

• 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.

Discretion

The list of examples provided above is not exhaustive. DOS may exercise its discretion to accept local Form I-130 filings for other emergency or exceptional circumstances of a non-routine nature, unless specifically noted below. However, such filings must be truly urgent and otherwise limited to situations when filing with USCIS online or domestically with an expedite request would likely not be sufficient to address the time-sensitive and exigent nature of the situation.

DOS may consider a petitioner’s residency within the consular district when determining whether to accept a filing, but it is not required.^[5] 

B. When Department of State is Not Authorized to Accept and Adjudicate Form I-130

DOS may not exercise discretion to accept local filings in certain scenarios. USCIS does not authorize DOS to accept a local filing abroad when a petitioner based in the United States seeks to travel and file abroad in order to expedite processing. DOS acceptance of Form I-130s abroad is intended to assist petitioners living abroad who demonstrate exceptional circumstances as described above.

 

In addition, USCIS does not authorize DOS to accept a local filing abroad if the petitioner has already filed a Form I-130 domestically for the same beneficiary. If exigent circumstances exist, the petitioner should request expedited processing for an electronic or domestically-filed petition. Local consular or USCIS staff should inform the petitioner of the process to request expedited adjudication.^[6]

 

USCIS does state the intent of DCF.

 

[JFH 12,191]

The key phrase for DCF these days is “exceptional circumstances”. Wanting to move ASAP for your own personal preference is not exceptional. You can, of course, check with the embassy in question but I wouldn’t get your hopes up. If you were already working and you were being transferred or you have skills that are in high demand and needed immediately then you might have a shot. But the chances of the embassy approving someone who hasn’t worked but just wants to move back to a country they left over a decade ago and has a “job offer” from her brother to try and bypass the requirements are slim. 

[JFH 12,191]

15 hours ago, natanicole said:

What do you mean?  How should I address it? I have my drivers license, and bank account in the states

How do you have drivers license if you left at the age of 13 and have not lived here since then?

Edited May 21, 2021 by JFH

[Boiler 46,125]

• 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.

Seems to do it.

[natanicole 0]

8 hours ago, JFH said:

How do you have drivers license if you left at the age of 13 and have not lived here since then?

I have a drivers license because I lived in the states for 9 months last year and I had a job. I used my grandmothers address because I was living at her place at the time. Unfortunately due to the pandemic I became unemployed.

15 hours ago, Nitas_man said:

Drivers license implies a US address, and that is a start. You have a family member in the US?  

Yes I used my grandmothers address