DCF Frankfurt with US job offer for non-US beneficiary?

[dan13371 0]

My US wife and I (German citizen) filed for the I-130 1 year ago and received the NOA1 on Jan 5th 2021 (processing center Potomac). By now my wife lives with me in Germany but we are planning to move to the US as soon as possible.

I learned about the exceptional circumstances for DCF just now. Would we be eligible for DCF if I get a job offer in the US or only if my US wife gets one?

We saw the DCF time to interview is only roughly 4 months. I expect our regular process to still take more than 7 months.

I would love to hear your thoughts. Also open to any other way of accelerating this super slow process. 
 

Wording:

”Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.
This is not an exhaustive list of examples. FODs have discretion to authorize a DOS adjudication of an I-130 when there are compelling humanitarian reasons to do so.”

 

I don’t think a German citizen having a job offer in the US is a humanitarian reason but we can try anything.

[Crazy Cat 41,836]

2 minutes ago, dan13371 said:

Would we be eligible for DCF if I get a job offer in the US or only if my US wife gets one?

No.  Once an I-130 has been filed in the US, the DCF ship has sailed.  

[Crazy Cat 41,836]

Here is the reference for my statement above.  You can seek an expedite from USCIS, but you cannot file DCF if the petitioner has already filed an I-130 stateside.

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

 

Edited December 25, 2021 by Crazy Cat

[Crazy Cat 41,836]

25 minutes ago, dan13371 said:

Would we be eligible for DCF if I get a job offer in the US or only if my US wife gets one?

That could be seen as an attempt to bypass the domestic queue.  USCIS also prohibits DOS from accepting a case for that reason.  See the paragraph above the text I highlighted above.  The immigration process requires a great deal of knowledge, planning, time, patience, and sufficient money.  Waiting is the hard part. 

Edited December 25, 2021 by Crazy Cat

[Boiler 45,467]

It has to be the USC with a job offer not you

[Boiler 45,467]

Work visa could be quicker depending on the situation 

[millefleur 5,046]

34 minutes ago, dan13371 said:

I don’t think a German citizen having a job offer in the US is a humanitarian reason but we can try anything.

USC needs the job offer. I don't think it would count as a humanitarian reason if a German citizen had a job offer, especially since Germany is a safe country. Also, you've already filed the I-130, so nothing you can do realistically now but wait it out. Does your job offer include US visa sponsorship? That might be the only possible alternative here.

[SalishSea 17,818]

9 hours ago, dan13371 said:

My US wife and I (German citizen) filed for the I-130 1 year ago and received the NOA1 on Jan 5th 2021 (processing center Potomac). By now my wife lives with me in Germany but we are planning to move to the US as soon as possible.

I learned about the exceptional circumstances for DCF just now. Would we be eligible for DCF if I get a job offer in the US or only if my US wife gets one?

We saw the DCF time to interview is only roughly 4 months. I expect our regular process to still take more than 7 months.

I would love to hear your thoughts. Also open to any other way of accelerating this super slow process. 
 

Wording:

”Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.
This is not an exhaustive list of examples. FODs have discretion to authorize a DOS adjudication of an I-130 when there are compelling humanitarian reasons to do so.”

 

I don’t think a German citizen having a job offer in the US is a humanitarian reason but we can try anything.

As a USC, your wife can return anytime.   Periods of temporary separation are normal aspects of US immigration.

[SteveInBostonI130 3,434]

DCF and just about everything else related to expedite or exceptional circumstance is to help the US citizen of a relationship.  Immigration is a benefit and therefore any hardships for the foreign spouse or family is not generally considered as valid reasons of exceptional circumstance.

 

In your case, if your wife was the primary income earner and needed to relocate to the US for her job, then it can be considered.  This is because 1) if the USC doesn't move they could loose their job, and 2) by making the USC move by himself/herself, there could be financial hardship of maintaining 2 households plus emotional distress (for the USC).

 

This may seem US centric, and it is, but that is because DOS is payed for my US taxes and therefore the USC is the ultimate customer (though a lot of times it doesn't feel that way).  

 

Simply wanting to move back is not enough, and looking for a job just to try to qualify for exceptional circumstance would be interpreted as trying to avoid the queue that everyone else is in.