DFC with children than need to start school?

[AlexandraVA 0]

Hello, 

I am looking for some input to our situation, which is:

 I initially entered the US, got married on the K-1 visa ( didn't get to apply for adjustment of status and etc) I was in the US for 4 years, we had 2 children in the last 2 years there, my husband retired from the Army, and since my RO passport was expiring, we decided to see if moving to Romania was a better lifestyle change for us. But fast forward, my husband hates it here and he’s been wanting to go back for a while now. 
Our oldest son is 5 years old now , so he needs to start school this year too, which makes it all so much more frustrating. My husband has been trying to get a hold of the US embassy here, but they never picked up the phone. 
My husband( and me) wants to move back, get a house and put the kids in school. I know Romania’s Embassy doesn't have a DCF, so all this ordeal has to be filed under special circumstances, but   they don’t specifically say anything about children issues in their list of “ dire circumstances” to file for DCF. Would it be safe to try and go this route since our son needs to be in school this fall, or we need to make another plan? 

The CR-1 route sends us to DCF, since we are both in Romania along with our children. 
I am trying to get as much insight possible since my husband just gets bummed out every time he thinks about the whole process.

 

Thank you,

 

[Crazy Cat 41,836]

56 minutes ago, AlexandraVA said:

Would it be safe to try and go this route since our son needs to be in school this fall,

There will be no harm in trying.  I would contact the Consulate and ask if they will accept the DCF request.

[Boiler 45,468]

Sounds like you have a ban and the children are US Citizens?

[Chancy 6,241]

1 hour ago, AlexandraVA said:

I initially entered the US, got married on the K-1 visa ( didn't get to apply for adjustment of status and etc) I was in the US for 4 years

 

I agree with Boiler.  It sounds like you have a 10-year ban for overstaying.  If so, it will likely take years before you can get a visa to move back to the US.  I suggest consulting with an immigration lawyer with lots of experience filing I-601 extreme hardship waivers.

 

[Lemonslice 4,836]

You might have to discuss if you prefer being with your children while they start school in Romania, or if you want to stay in Romania while your husband and children head back to the US this summer to be there in time for school.  Because you never adjusted your status, it does complicate your situation now.

[AlexandraVA 0]

14 hours ago, Boiler said:

Sounds like you have a ban and the children are US Citizens?

Thats correct, the children were both born in the US and are American citizens, as is the husband. 

[Boiler 45,468]

3 minutes ago, AlexandraVA said:

That is correct, the children were both born in the US and are American citizens, as is the husband. 

Well no harm trying DCF, you never know, you do not obviously fit the DCF requirements so be prepared to go the regular route.

 

You still have the waiver to file and be approved and even with an expedite you would be setting a major record to be approved in anything like that time line.

 

Do you have a Lawyer or willy ou be putting the waiver package together yourself.

[AlexandraVA 0]

21 minutes ago, Boiler said:

Well no harm trying DCF, you never know, you do not obviously fit the DCF requirements so be prepared to go the regular route.

 

You still have the waiver to file and be approved and even with an expedite you would be setting a major record to be approved in anything like that time line.

 

Do you have a Lawyer or willy ou be putting the waiver package together yourself.

Hi, we would be filling ourselves, as we did with K-1..If you know,  from my understanding would the waiver form I-601 be accompanying the DCF CR-1 petition? I am trying to gather as much information to have when I will contact the consulate here. Thank you

[Boiler 45,468]

The waiver package is submitted after an otherwise successful interview.

[SusieQQQ 11,586]

If it is imperative the children start the school year on time in the US, seeing as they are USCs and so is your husband, this is totally doable. It is not dependent on your immigration status. So I personally cannot see how this is a reason for you to get DCF and as pointed out, the ban/waiver will add further delay to the process. I don’t see how you both get the kids to start school in the US in fall and avoid any family separation; you as a family unit are going to have to decide which gets precedence. Has your husband even filed an i130 for you yet?
Btw you will be IR1 not CR1, seems you married much longer than 2 years ago?

[aaron2020 11,651]

Hi,

 

There is no way for you to get an immigration visa by August/September 2021.  The beginning of September is only 65 days away.  

You have a 10 years ban for being in the US illegally for 4 years.  At your visa interview, you will get a denial.  You can only apply for a waiver of your ban after getting a denial.  This entire process is going to take at least a year.  

Nothing prevents your husband and kids from returning to the US.  

Sorry.  

[Boiler 45,468]

I do not know how long it will take, DCF of course makes a big difference.