CR1 "unique case" - US citizen newly married with job offer

[Redro 4,612]

2 minutes ago, my_gf_wants_cr1 said:

Sadly she does not have a B2, and she (myself as well) are a bit cautious about how to approach this due to our lengthy relationship and me being a US citizen.

 

Agreed about marriage and seriousness, this is why I am looking into marrying in Cyprus/Utah online wedding for this exact purpose (preferably Utah online path due to not requiring travel and it involving the minimal amount of people).

Again, thank you both for insights and tips, those are golden.

I'll just say this. I have a friend from Nigeria married to an American woman. They live in Korea together and have a child. 

Most people would say "he won't get a tourist visa". But, he has and he did. He got one after they were married and after they had a child. 

As long as your partner has strong ties to Israel and you really have no intention of moving to the US. Have her apply for the B1/B2. 

 

It sounds like you have some thinking to do. 

Do you want to move to the USA with this current job offer?

If your partner can't move with you when you leave Israel, would you turn it down? Or are you okay with a brief separation? 

Do you think you'd like to live in the US eventually or are you just interested in visiting?

 

If you want to go forward with the spousal visa process be prepared for it to be long and extremely annoying. Lots of members have had to deal with separation, it's a feature not a bug. But, a few lucky couples have been able to stay together during the entire process.

Expect the worst but hope for the best. 

Good luck on your immigration journey if you choose to go forward with it. 

[my_gf_wants_cr1 13]

5 minutes ago, Kor2USA said:

I'll just say this. I have a friend from Nigeria married to an American woman. They live in Korea together and have a child. 

Most people would say "he won't get a tourist visa". But, he has and he did. He got one after they were married and after they had a child. 

As long as your partner has strong ties to Israel and you really have no intention of moving to the US. Have her apply for the B1/B2. 

 

It sounds like you have some thinking to do. 

Do you want to move to the USA with this current job offer?

If your partner can't move with you when you leave Israel, would you turn it down? Or are you okay with a brief separation? 

Do you think you'd like to live in the US eventually or are you just interested in visiting?

 

If you want to go forward with the spousal visa process be prepared for it to be long and extremely annoying. Lots of members have had to deal with separation, it's a feature not a bug. But, a few lucky couples have been able to stay together during the entire process.

Expect the worst but hope for the best. 

Good luck on your immigration journey if you choose to go forward with it. 

Yes, some thinking is required (and it's even possible my company retain a lawyer that is able to apply for expediting and then everything may be OK).

Thank you  truly.

[EM_Vandaveer 2,417]

1 hour ago, my_gf_wants_cr1 said:

Yes, some thinking is required (and it's even possible my company retain a lawyer that is able to apply for expediting and then everything may be OK).

Thank you  truly.

Just FYI a lawyer cannot do anything more in your situation than what you can do.

[my_gf_wants_cr1 13]

2 minutes ago, EM_Vandaveer said:

Just FYI a lawyer cannot do anything more in your situation than what you can do.

Thanks for clarifying.

The company I work for had to deal with more than one of this situations in the past, and we still need to apply for expedition so I can only assume a lawyer handling it wouldn't necessarily be a bad thing.

[EM_Vandaveer 2,417]

12 minutes ago, my_gf_wants_cr1 said:

Thanks for clarifying.

The company I work for had to deal with more than one of this situations in the past, and we still need to apply for expedition so I can only assume a lawyer handling it wouldn't necessarily be a bad thing.

I wish you good luck but lawyers are really only needed in complicated situations, like when a waiver is needed. In all other situations, they cannot do anything extra.

[my_gf_wants_cr1 13]

17 minutes ago, EM_Vandaveer said:

I wish you good luck but lawyers are really only needed in complicated situations, like when a waiver is needed. In all other situations, they cannot do anything extra.

Glad to hear we are not a complicated situation

[SalishSea 18,161]

8 minutes ago, my_gf_wants_cr1 said:

Glad to hear we are not a complicated situation

OP, keep in mind that it could be up to two years before your partner gets a visa.  

 

Nothing moves fast with US immigration.

[my_gf_wants_cr1 13]

2 minutes ago, Jorgedig said:

OP, keep in mind that it could be up to two years before your partner gets a visa.  

 

Nothing moves fast with US immigration.

I know, I am trying to see if expediting the process via job relocation offer is possible.

[SalishSea 18,161]

1 minute ago, my_gf_wants_cr1 said:

I know, I am trying to see if expediting the process via job relocation offer is possible.

Right.  'Expedite' and DCF are two separate processes when it comes to US immigration.  

 

 

[my_gf_wants_cr1 13]

Just now, Jorgedig said:

Right.  'Expedite' and DCF are two separate processes when it comes to US immigration.  

 

 

Elaborate please? I am aware DCF process and expediting process via exceptional circumstances are not the same thing, but do you some statistics on their differences in regards to timeline.

[SalishSea 18,161]

1 minute ago, my_gf_wants_cr1 said:

Elaborate please? I am aware DCF process and expediting process via exceptional circumstances are not the same thing, but do you some statistics on their differences in regards to timeline.

I have no statistics.  Since it is unlikely you will be able to do DCF for Israel, with the lockbox application process you will  need to request an expedite based on exceptional financial loss.  It is my understanding that you would need to request an expedite for the petition, for the NVC process, and finally at the consular level.  It isn't a 'one and done.'

 

You will need documentation of the financial hardship to accompany each expedite request.

[millefleur 5,047]

1 hour ago, my_gf_wants_cr1 said:

Elaborate please? I am aware DCF process and expediting process via exceptional circumstances are not the same thing, but do you some statistics on their differences in regards to timeline.

You need to contact the Embassy first directly to get a "yes" or "no" about "exceptional circumstances" DCF. Nobody here on VJ can speak on behalf of the Embassy, they call the shots on who they accept for DCF. I've never seen any cases from Israel here doing DCF but that doesn't mean it's not possible. Short term job relocation offer is listed as a possible exceptional circumstance but it is hit or miss whether they'll accept it. With DCF, there's no lockbox filing, you file directly at the consulate, hence the name.

 

"Expedite" is when you file the traditional way via the lockbox with USCIS and are put into the super long queue with everyone else. You can then file to expedite the case if you have legitimate reasons to do so. That could include financial hardship or emergencies:

https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

Edited December 20, 2021 by millefleur

[El Escocés 217]

9 hours ago, Crazy Cat said:

Many spouses visit their US citizen spouses in the US during the immigration process.  Just be aware that every visit is at the discretion of CBP.

Agreed on the discretion of CBP

In our case, we married while I was living and working in the US on a H1B then we spent 8 years living overseas but owned a home under my wife’s name in her home state (she being the US citizen). We’d travel to the US at least once but sometimes twice/three times (POE: Miami, Detroit, Dallas, Newark, LA) before moving back to the US under a L1 visa. The only time I was questioned heavily about my intent was the first time from our elopement to Belize (it was an elopement. Best day of my life)  when I had to convince the officer and his supervisor that I was coming back under my H1B and would not be adjusting status. 
 

As you say, at the discretion of the officer. 

Edited December 21, 2021 by El Escocés

[Coco8 1,042]

You said her citizenship is Israel. But are you living there? It wasn't clear.

 

If your residency is in another country, you can also go through that country's consulate given that you are both residents there. You could check the expedite option there as well.

 

 

[pushbrk 13,136]

8 hours ago, my_gf_wants_cr1 said:

I know, I am trying to see if expediting the process via job relocation offer is possible.

Do that, surely.  But, all a lawyer could do to help with getting either a DCF request or Expedite request is to help write it.  That you have a job offer, as your reason, is not difficult to explain.  You've explained it here just fine.