DCF with Online Marriage (Utah)

[brevig 28]

9 minutes ago, millefleur said:

one of their children has a disability

That's what makes it so hard, because my ex-wife goes to work at 4:30am, so my mom has to live there during the week, as my son with down syndrome needs a lot more care than normal.

Another worry is if I leave my wife alone right after marriage it's going to be another red flag on top of a k1 denial and being entered into the fraud database at NVC.  I think I'll mention that in my request letter.

Edited August 17, 2021 by brevig

[millefleur 5,047]

14 minutes ago, canadian_wife said:

Think of it from USCIS perspective.

It's actually the Embassy directly who would make the call when it comes to DCF for exceptional circumstances, not USCIS. Basically USCIS gets bypassed and the whole thing is streamlined via the Embassy (NVC step also gets skipped with DCF.)

 

Every Embassy is different and some appear to be more lenient than others so it never hurts to ask. Given that OP has a disabled child this could very well be a scenario where the Embassy feels they qualify. The qualification requirements are kind of vague on purpose because they look at each scenario on a case by case basis and then make their decision.

[Boiler 45,733]

The only downside I see is wasting a bit of time if not successful, the upside is obvious.

[JeanneAdil 6,581]

5 minutes ago, millefleur said:

I think the OP can still try and ask the Embassy, if one of their children has a disability as mentioned above and it causes undue hardship on the applicant, doesn't hurt to try and ask the Embassy for an exception. OP has nothing to lose by asking.

 

The info from 2012 isn't really relevant here as DCF is technically available at any Embassy if they approve you for exceptional circumstances.

Embassy might approve DCF but they already know he has been there for over 13 months and tried K1   and was denied 

if he wasn't needed to be in US for over a year and now needs to be here but is waiting till wife can come -questionably

 

not to discourage but to be prepared and ready with online CR1 application to cover your butt

many of us have felt we have to fight immigration to get a spouse visa approved so "fight"

[millefleur 5,047]

3 minutes ago, JeanneAdil said:

not to discourage but to be prepared and ready with online CR1 application to cover your butt

Absolutely, nobody should go in expecting that they'll get an automatic "yes" from the Embassy. It's just a matter of throw it out there, see what happens, move on if they don't accept the case.

[carmel34 3,646]

5 hours ago, brevig said:

on the basis of my mother's failing health and that she is the one that watches my children most of the time

DCF for exceptional circumstances is typically approved based on undue hardship or humanitarian reasons related to you and your foreign spouse who needs the spousal visa expedited.  So if you try for DCF, gather and send documents that support your claim that you and your wife need to be there sooner rather than later.  Be careful with your central reason and supporting documents, because an officer reviewing your request could view the conflict in the above statement as a problem--if her health is really failing, how is she physically able to watch your children most of the time?  It's a long shot, based on what you have shared so far, but worth a try.  Embassies have discretion in these cases.  Not sure what impact COVID will have, but it could make them less likely to approve a DCF case if they are backlogged already.  Definitely report back on what the embassy says.  Good luck!

[SalishSea 17,970]

1 hour ago, carmel34 said:

DCF for exceptional circumstances is typically approved based on undue hardship or humanitarian reasons related to you and your foreign spouse who needs the spousal visa expedited.  So if you try for DCF, gather and send documents that support your claim that you and your wife need to be there sooner rather than later.  Be careful with your central reason and supporting documents, because an officer reviewing your request could view the conflict in the above statement as a problem--if her health is really failing, how is she physically able to watch your children most of the time?  It's a long shot, based on what you have shared so far, but worth a try.  Embassies have discretion in these cases.  Not sure what impact COVID will have, but it could make them less likely to approve a DCF case if they are backlogged already.  Definitely report back on what the embassy says.  Good luck!

OP's disabled child has clearly been cared for over the past 13 months without him or the Cambodian wife.  I think they will be hard-pressed to demonstrate that this is an urgent situation which merits DCF.  In fact, pushing for an expedite/visa for the purpose of bringing over a wife to care for a disabled child could well backfire.

[brevig 28]

1 hour ago, carmel34 said:

could view the conflict in the above statement as a problem--if her health is really failing, how is she physically able to watch your children most of the time?

Yeah, I need to establish that well to have any hope.  I'm honestly not sure what her past liver tests mean, as she always has a tendency to imagine the worst.  The health issue for her is more that it's too much exertion and stress and she pushes herself too much and won't let anyone else take control because she doesn't trust them.  Her doctor has known her for 20 years and is saying that I need to return because of that.  I haven't seen the statement yet but I know the first one they took she wouldn't sign as it mentioned my fiance and the doctor said she doesn't know her so can't sign it with it mentioning her.

 

Since April I've been wanting to go back as I was thinking to prepare everything for my fiance and also to help out during summer, but my mom was real insistent I stay until my fiance comes.  The reality of it is my mom already isn't there all the time and everything falls on my daughter.  My 8 year old with down syndrome still uses diapers and that in itself is ALOT of work, not like changing a baby.  He was potty trained 2-3 years ago but then fell in the toilet over a year ago and went back to using the diaper.  He needs more care than my mom can give to retrain him.

 

Anyways, if I end up waiting a year hopefully at least the COVID restrictions get released so I can travel easily.

[brevig 28]

29 minutes ago, Jorgedig said:

bringing over a wife to care for a disabled child could well backfire

Can you explain more what you mean?  Do you mean like her being seen as a domestic worker?

 

Given my previous issue, do you think I should not mention her at all in the request?

 

I will definitely need to pile on more forms of proof with my application.  I have some strong arguments, like how difficult it was to return here, affidavits from Americans that live here, a letter from her commune, more photos, get her name on all the bills in the US, plus we'll do a proper zoom wedding so like 30-40 min with misc things, and then a guestbook.

[SalishSea 17,970]

26 minutes ago, brevig said:

Can you explain more what you mean?  Do you mean like her being seen as a domestic worker?

 

Given my previous issue, do you think I should not mention her at all in the request?

 

I will definitely need to pile on more forms of proof with my application.  I have some strong arguments, like how difficult it was to return here, affidavits from Americans that live here, a letter from her commune, more photos, get her name on all the bills in the US, plus we'll do a proper zoom wedding so like 30-40 min with misc things, and then a guestbook.

How could you get around mentioning her when the entire reason for it is her visa?  After all, as a USC, you can return anytime.

[brevig 28]

8 minutes ago, Jorgedig said:

How could you get around mentioning her when the entire reason for it is her visa?  After all, as a USC, you can return anytime.

But isn't it where if I had a job and were being transferred that I could still apply?   Or would it need to be her being the one with the job?

 

Also, same scenario with dying relative?

[Ontarkie 14,306]

The thing is nothing is stoping you from going to be with your mother nothing is stoping you to return to caring for your children. If you're going to use that as your excuse you need to step it up. You haven't done either of those things in over a year. Then you go on to how you're going to work all these hours so you still won't be the one caring for your children. No a death or dying family is also not reason for expedite or DCF

 

You need to show why all of a sudden you not your wife needs to be back in the US now. For DCF they want to see why you should qualify for something no longer available. All this is on you not your soon to be wife. If she wasn't in the picture you would be doing it the same way as before with help paying a sitter or your mother. This is why job relocation is usually the only thing besides military has worked. 

 

Try it but  you need to step it up. 

[brevig 28]

3 minutes ago, Ontarkie said:

Then you go on to how you're going to work all these hours so you still won't be the one caring for your children.

I see, so definitely not mention that part.

 

4 minutes ago, Ontarkie said:

You need to show why all of a sudden you

I see now, and see why in my mind I just went from a 20% to a 10% shot.   It's not something "all of a sudden", it's something that has been growing.  Unless my mom's liver tests really are that bad, I'll find out.  For sure I hope not.  I'm hoping that the previous issues and me being a thorn in their side gains me a few percent.  But anyways, a free spin at the wheel, I'll take it.

 

[brevig 28]

11 minutes ago, Ontarkie said:

those things in over a year

Because of COVID.  We've been under some form of lockdown since March.  Originally I planned to return before Thanksgiving then come back after the holidays, but the pandemic has been crazier than I expected. But anyways, they won't see it that way.  It's easy to return to USA but REALLY REALLY hard coming back.

[Ontarkie 14,306]

8 minutes ago, brevig said:

I see, so definitely not mention that part.

 

I see now, and see why in my mind I just went from a 20% to a 10% shot.   It's not something "all of a sudden", it's something that has been growing.  Unless my mom's liver tests really are that bad, I'll find out.  For sure I hope not.  I'm hoping that the previous issues and me being a thorn in their side gains me a few percent.  But anyways, a free spin at the wheel, I'll take it.

 

Your moms health creeping up is pretty normal as one ages (crappy still). But new news is what I would take to help put the whole thing together. 

 

5 minutes ago, brevig said:

Because of COVID.  We've been under some form of lockdown since March.  Originally I planned to return before Thanksgiving then come back after the holidays, but the pandemic has been crazier than I expected. But anyways, they won't see it that way.  It's easy to return to USA but REALLY REALLY hard coming back.

Sadly your right they probably won't take covid into account. It sucks because you are being torn. You just need to look at it the way they will and build the best plan forward. The time it takes to try is worth it even if they deny you at least you tried and can move to the next step. 

Edited August 18, 2021 by Ontarkie