Employment Offer and ESTA Question

[bmorgz 2]

Hello! I am a dual US/UK citizen by birth, wanting to move my UK citizen husband to the US. I have two questions. 

 

1. I have received an offer of employment in the US which would require me to relocate in 12 weeks. We are almost ready to file our I-130 (see question 2), but would like to expedite this once submitted along with filing a CR1 with DFC in London. Does anybody have advice on how we could go about this? I have also seen different resources in different places, some saying that this is a legitimate reason to expedite a visa and some saying it is not. 

 

2. My husband and I have a trip planned to the US in December for which he will need to get an ESTA. On the I-130 USCIS online form under Beneficiary's Immigration Information / Beneficiary Class of Admission, I have submitted the details for his last ESTA he obtained to visit the United States under class of admission B2 - Temporary Visit for Pleasure. Will this be a problem / will I need to update his application when he gets his ESTA for our trip in December? 

 

Many thanks, 

 

B

[Dashinka 24,487]

Here are a couple of fairly recent threads specific to DCF in London that may be helpful.  As to updating the I130 after your upcoming trip, he can update it at the time of the interview, if the consulate accepts the I130 for DCF, you will need to submit it with the latest information you have which at this point would not include the future trip.

 

Good Luck!

 

 

[Crazy Cat 41,834]

4 hours ago, bmorgz said:

Hello! I am a dual US/UK citizen by birth, wanting to move my UK citizen husband to the US. I have two questions. 

 

1. I have received an offer of employment in the US which would require me to relocate in 12 weeks. We are almost ready to file our I-130 (see question 2), but would like to expedite this once submitted along with filing a CR1 with DFC in London. Does anybody have advice on how we could go about this? I have also seen different resources in different places, some saying that this is a legitimate reason to expedite a visa and some saying it is not. 

 

2. My husband and I have a trip planned to the US in December for which he will need to get an ESTA. On the I-130 USCIS online form under Beneficiary's Immigration Information / Beneficiary Class of Admission, I have submitted the details for his last ESTA he obtained to visit the United States under class of admission B2 - Temporary Visit for Pleasure. Will this be a problem / will I need to update his application when he gets his ESTA for our trip in December? 

 

Many thanks, 

 

B

Do not file the I-130 stateside unless DCF has been refused.  Once you submit an I-130 to USCIS, the DCF option will not be available.  

[Chancy 6,241]

43 minutes ago, Crazy Cat said:

Do not file the I-130 stateside unless DCF has been refused.  Once you submit an I-130 to USCIS, the DCF option will not be available.  

 

Repeating because this is important.  @bmorgz, do NOT file your I-130 with USCIS.  Send your DCF request to the consulate in London first.  With a written job offer, your chances are high that the request will be approved by the consulate.

 

[bmorgz 2]

On 9/27/2022 at 2:40 PM, Chancy said:

 

Repeating because this is important.  @bmorgz, do NOT file your I-130 with USCIS.  Send your DCF request to the consulate in London first.  With a written job offer, your chances are high that the request will be approved by the consulate.

 

Thank you for this! Can I file with DCF without a job offer and if I receive a job offer expedite the pre-existing case? Or is it better to get a job offer and start from there?

[Dashinka 24,487]

46 minutes ago, bmorgz said:

Thank you for this! Can I file with DCF without a job offer and if I receive a job offer expedite the pre-existing case? Or is it better to get a job offer and start from there?

You need the job offer with a specified start date to show the consulate an exceptional circumstance so they may accept the DCF filing.  No job offer, then you file the I130 through the normal route.