Hybrid Filing?

[SteveInBostonI130 3,454]

No.  DCF is if you started from the beginning with a new I-130.  This feedback was already provided on your previous post:

 

 

 

I I am not sure why you need to keep logging in to prevent the case from aging out if you want to interview as soon as possible.  If your case is at NVC and if you have submitted everything there, you will get an interview scheduled soon. 

 

Also, you asked about AOS:

 

 

It seems you are looking for various ways to bypass the wait for your interview and I am not sure why.  Just complete the NVC step and go on from there.

 

 

[Crazy Cat 41,884]

1 hour ago, Tesco said:

I’m a U.S. Citizen, residing in the United Kingdom with my British spouse. Our case is with the NVC, where we make contact with/log in to CEAC regularly to avoid our case aging out.

Is it possible to change from NVC to DCF, (Possible quick job offer and rapid start date back in the U.S.)?

Thanks

No.  Consulates are not authorized to accept an I-130 if one has been previously filed stateside.  

 

[Tesco 70]

Just now, Crazy Cat said:

No.  Consulates are not authorized to accept an I-130 if one has been previously filed stateside.  

 

Thanks for that - answered my question...

[Tesco 70]

48 minutes ago, SteveInBostonI130 said:

No.  DCF is if you started from the beginning with a new I-130.  This feedback was already provided on your previous post:

 

 

 

I I am not sure why you need to keep logging in to prevent the case from aging out if you want to interview as soon as possible.  If your case is at NVC and if you have submitted everything there, you will get an interview scheduled soon. 

 

Also, you asked about AOS:

 

 

It seems you are looking for various ways to bypass the wait for your interview and I am not sure why.  Just complete the NVC step and go on from there.

 

 

I thought I’d asked about this before, but was unable to find that post!  

I log in to CEAC so the case doesn’t age out. You need to make contact with NVC within a year to avoid this.

So, the reason we have not progressed is because I’m waiting for a job offer to come though. I can complete without a job and just file the I-864 and leave the U.K with spouse, but would prefer to have a job and the all important medical from day one. U.S. Domicile can be achieved by showing U.S. bank & investments. Also, a letter of intent to satisfy section 3 of item 5.

In essence, I’d like to leave the U.K ASAP with my spouse with job and now that this can’t be achieved by transfer to DCF, there may be a valid reason to expedite the case by NVC.

Thanks for your help though.

As for the post you had quoted ‘change from consular filing to adjustment of status’. You can not discuss this topic any further, it violates the tos, topic was closed and locked.

[carmel34 3,633]

12 minutes ago, Tesco said:

there may be a valid reason to expedite the case by NVC

Some have been able to get an expedite at the NVC and consulate/embassy interview stages with a US job offer letter, all you can do is try and see what happens.  The USC spouse can return to the US at any time to accept and start the new job, so the expedite is unlikely but not impossible.  Separation from our foreign spouses is often an unavoidable part of the process.  Hopefully it won't be too many more months, so the separation could be brief.  Count yourselves lucky that you have been together for most of the process so far.  Good luck!

[SteveInBostonI130 3,454]

42 minutes ago, Tesco said:

I thought I’d asked about this before, but was unable to find that post!  

I log in to CEAC so the case doesn’t age out. You need to make contact with NVC within a year to avoid this.

So, the reason we have not progressed is because I’m waiting for a job offer to come though. I can complete without a job and just file the I-864 and leave the U.K with spouse, but would prefer to have a job and the all important medical from day one. U.S. Domicile can be achieved by showing U.S. bank & investments. Also, a letter of intent to satisfy section 3 of item 5.

In essence, I’d like to leave the U.K ASAP with my spouse with job and now that this can’t be achieved by transfer to DCF, there may be a valid reason to expedite the case by NVC.

Thanks for your help though.

As for the post you had quoted ‘change from consular filing to adjustment of status’. You can not discuss this topic any further, it violates the tos, topic was closed and locked.

 

You have stated conflicting things. You want the DCF to be able to move to the US as soon as possible, but you don't want to complete the NVC steps because you want to wait.

 

First, decide what you want to do - move asap or wait.  Then proceed with completing NVC as appropriate.

 

Even if you were able to do DCF, you will need to show exceptional circumstances.  You just stated you do not.  

 

You can complete the NVC steps without having to leave your spouse.  The I-864 has nothing to do with intent to establish domicile - it is to show that you can financially support your spouse.  Because you do not have US based income, you will need a joint sponsor.  This will be for any type of visa processing - Consular or DCF or AOS. 

 

Complete the I-864, get a joint sponsor if needed, and have your spouse complete the DS-260 and IV docs.

 

[Crazy Cat 41,884]

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

[Tesco 70]

52 minutes ago, SteveInBostonI130 said:

 

You have stated conflicting things. You want the DCF to be able to move to the US as soon as possible, but you don't want to complete the NVC steps because you want to wait.

 

First, decide what you want to do - move asap or wait.  Then proceed with completing NVC as appropriate.

 

Even if you were able to do DCF, you will need to show exceptional circumstances.  You just stated you do not.  

 

You can complete the NVC steps without having to leave your spouse.  The I-864 has nothing to do with intent to establish domicile - it is to show that you can financially support your spouse.  Because you do not have US based income, you will need a joint sponsor.  This will be for any type of visa processing - Consular or DCF or AOS. 

 

Complete the I-864, get a joint sponsor if needed, and have your spouse complete the DS-260 and IV docs.

 

I have two options, (I think):

Move back to the U.S., No job, and just complete the I-864 and show bank deposits that will easily overcome the poverty level threshold and tax transcript for 2021. My current income would be $0, as there would be no job on arrival into the U.S. to show, hence bank deposits located in the U.S, or easily transferable.  I'm sure however that I need to show my intent to re-establish U.S. domicile, re item 5. (I-864) as I'd file with a United Kingdom address. I don't need a joint sponsor. Complete normal NVC processing, (just taking our time). Head to London with spouse for interview if the embassy is ok that. (ultimately). We’d both depart together for the U.S.

 

Get the job offer letter, file an I-864EZ. Attach tax transcript for 2021, showing our AGI for that and the previous two years. As we file MFJ, I have to deduct spouse’s income from that AGI. None of this income would continue Stateside. I can also add bank deposits, but my new job earnings would easily overcome the poverty level threshold. Submit all documentation to NVC while in the U.K and while awaiting the 10 weeks or so before the job starts. NVC wait times show shy of 3 months to DQ stage. I’d have been  on the job for around two weeks and by that time there would be consular interview and medical dates would about due to be scheduled for the 30-40 days hence. I’d fly back for a couple of weeks go to the embassy in London and we’d then head westbound. This avenue gives valuable medical from day one and a whole lot of other benefits that I would not have if I left without a job. Ok, I can easily find work in my field once there, but this would be the preferred option. The downside would be if the process become longer, something missing or incomplete and the wait post my U.S. arrival became longer. I’d be selling up everything in the U.K and my spouse would be staying in an Airbnb in London which would not be ideal. It’s trying to forecast timelines, which as we all know can kick ya badly.

So, returning to the U.S. with no job, take our time. Return with a job – sooner then later.

[Crazy Cat 41,884]

1 hour ago, Tesco said:

Get the job offer letter, file an I-864EZ. Attach tax transcript for 2021, showing our AGI for that and the previous two years.

A job offer does not indicate current income.  Until you actually start a job, there is no income from it.  Tax transcripts do not indicate current income.  They indicate previous year's income.  An I-864 does NOT show domicile or intent to domicile. 

[Tesco 70]

3 minutes ago, Crazy Cat said:

A job offer does not indicate current income.  Until you actually start a job, there is no income from it.  Tax transcripts do not indicate current income.  They indicate previous year's income.  An I-864 does NOT show domicile or intent to domicile. 

The job offer would show future income that is above the 125%, and this could be backed up with a few payslips at interview? What does item 5 relate to when it asks about 'You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status.' My address when I file the I-864(EZ) would be outside the U.S, so wouldn't I need to attach a statement, or would the job offer letter itself suffice? Thanks

 

 

 

[Ontarkie 14,226]

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