DCF exceptional circumstances - job offer

[Inx 4]

Hi everybody, 

 

My husband (US citizen) and I (German) are living in Germany. Both of us work here at German companies.

 

My husband recently got a job offer in the US.

He would have to start there in October (which is 3.5 Month from now). In Germany we have to give our comany at least 3 month notice.

So this is almost the shortest amount of time we could make work. 

 

Do we qualify for DCF or is the time until he has to start too long for exceptional circumstances. 

We would need to file in Frankfurt, Germany. 

 

I appreciate all your answers and your help. 

Every experience is helpful  

Thanks!

[Boiler 45,314]

The only people who can answer that question is the Consulate.

 

I would think you have a good chance but you need to apply.

 

The guidance for what does and does not qualify are not that specific.

[Inx 4]

Hi @Boiler, thanks for your response. 

 

Yes, guidance is very vague that's why I thought I give it a try and see if anyone else had a timeline like ours  

 

 

[Villanelle 4,122]

5 hours ago, Inx said:

Hi everybody, 

 

My husband (US citizen) and I (German) are living in Germany. Both of us work here at German companies.

 

My husband recently got a job offer in the US.

He would have to start there in October (which is 3.5 Month from now). In Germany we have to give our comany at least 3 month notice.

So this is almost the shortest amount of time we could make work. 

 

Do we qualify for DCF or is the time until he has to start too long for exceptional circumstances. 

We would need to file in Frankfurt, Germany. 

 

I appreciate all your answers and your help. 

Every experience is helpful  

Thanks!

Well from my understanding short notice job transfers can qualify and as posted already there is no specific guidance on how long is 'short notice' but I can promise you a standard filing will take longer than 3.5 months (!) Perhaps if your short notice was 1 year then maybe yeah that's not that short and they could reject it. Check the current processing times and as long as they show <3.5 months it shouldn't be an issue to claim short notice. 

[Inx 4]

19 hours ago, Villanelle said:

Well from my understanding short notice job transfers can qualify and as posted already there is no specific guidance on how long is 'short notice' but I can promise you a standard filing will take longer than 3.5 months (!) Perhaps if your short notice was 1 year then maybe yeah that's not that short and they could reject it. Check the current processing times and as long as they show <3.5 months it shouldn't be an issue to claim short notice. 

Thanks, that's really helpful. I haven't thought about it that way. 

 

We will give it a shot  

[CEBTL 14]

On 6/14/2022 at 1:26 PM, Inx said:

Thanks, that's really helpful. I haven't thought about it that way. 

 

We will give it a shot  

How did it go? Where you able to direct file. When I requested direct file in China, it was difficult to even find the correct way to contact the Consulate. When I did, they asked me a few questions. 

 

Thank you for your inquiry.  If you would like to ask Consulate Guangzhou’s Immigrant Visa Unit to accept an I-130 for direct filing in Guangzhou, please respond with detailed information about your situation and the background of your petition.

 

• Please explain the reason you would like to file directly with the Consulate and are unable to file directly with USCIS in the United States.
• Have you already filed an I-130 for your beneficiary directly with USCIS?
• Please confirm that both you and the beneficiary are currently present in China, and will be able to remain in China for the duration of the immigrant visa petition filing and immigrant visa application process.

I wrote a letter explaining our circumstances and that due to job relocation requiring me to move to the US in 3 months I wanted to Direct file. This was accepted and they sent me an email with the date and time for the interview.  They only allowed me the, US citizen petitioner to enter the consulate for the interview. My wife had to wait outside. 
 

[Inx 4]

On 7/6/2022 at 9:26 PM, CEBTL said:

How did it go? Where you able to direct file. When I requested direct file in China, it was difficult to even find the correct way to contact the Consulate. When I did, they asked me a few questions. 

 

Thank you for your inquiry.  If you would like to ask Consulate Guangzhou’s Immigrant Visa Unit to accept an I-130 for direct filing in Guangzhou, please respond with detailed information about your situation and the background of your petition.

 

• Please explain the reason you would like to file directly with the Consulate and are unable to file directly with USCIS in the United States.
• Have you already filed an I-130 for your beneficiary directly with USCIS?
• Please confirm that both you and the beneficiary are currently present in China, and will be able to remain in China for the duration of the immigrant visa petition filing and immigrant visa application process.

I wrote a letter explaining our circumstances and that due to job relocation requiring me to move to the US in 3 months I wanted to Direct file. This was accepted and they sent me an email with the date and time for the interview.  They only allowed me the, US citizen petitioner to enter the consulate for the interview. My wife had to wait outside. 
 

Hi, sorry I'm only getting back to you now. 

We had some problems with the job offer so we put everything on pause. 

 

Are you still in the process? hope everything worked out for you guys!

[CEBTL 14]

2 hours ago, Inx said:

Hi, sorry I'm only getting back to you now. 

We had some problems with the job offer so we put everything on pause. 

 

Are you still in the process? hope everything worked out for you guys!

Yes unfortunately we are currently stuck. The consulate is asking for my original divorce document even though they currently have it in their possession. 

 

Sorry to hear that about the job offer, if there is no rush, you could always start the standard way to apply. But direct file is much faster.

[Inx 4]

14 hours ago, CEBTL said:

Yes unfortunately we are currently stuck. The consulate is asking for my original divorce document even though they currently have it in their possession. 

 

Sorry to hear that about the job offer, if there is no rush, you could always start the standard way to apply. But direct file is much faster.

Oh no! is there anything you can do? Are you already in CO and your wife is still in China?

 

No worries, I really think that everything is going to work out just fine  

We might be able to start DFC next week

[CEBTL 14]

On 9/11/2022 at 5:08 AM, Inx said:

Oh no! is there anything you can do? Are you already in CO and your wife is still in China?

 

No worries, I really think that everything is going to work out just fine  

We might be able to start DFC next week

Yes, I am in CO and she is in China. 

 

That is good news, the DCF process is usually quick. In our circumstance, it is just taking a little longer than expected. I was able to email the consulate. Just waiting to hear back from them. When I went to the interview for I-130 DCF I noticed they were all young recent college grads. So I not surprised it is not going as smoothly as I had hoped. But in the end it should work out. 

[Inx 4]

4 hours ago, CEBTL said:

Yes, I am in CO and she is in China. 

 

That is good news, the DCF process is usually quick. In our circumstance, it is just taking a little longer than expected. I was able to email the consulate. Just waiting to hear back from them. When I went to the interview for I-130 DCF I noticed they were all young recent college grads. So I not surprised it is not going as smoothly as I had hoped. But in the end it should work out. 

I'm sorry to hear that! 

Fingers crossed that you'll make progress soon!

[CEBTL 14]

I am happy to report that on 11/07/2022 my wife's visa was issued. Thank you to the community for helping me through the process. She will be in America in less than 2 weeks 😀