Should we start the process now or wait? (special case and confused)

[DrBiologist 0]

Hello, my name is Simona. I am married to my US citizen husband and we live in our country(Eastern Europe) together with our 3 year old twin sons. My husbands company forced him to return to office and he moved back to Texas,USA last month.

He said he will apply for my green card and it will take 2 years. His job doesn't give us enough hope to be full time remote again. Only option is to move to USA legally. We didn't have any questions until I got invited to a lab in Chicago. Lab professor scheduled an interview with me next week. 

 

I am a research assistant in my home country. I recently got admitted to a this lab in Chicago, USA for next semester.

My husband asked me to research the process, I heard that I may not get visa if we have a pending green card application. I didn't understand why but after doing research, they said having immigrant intent is the issue. I did more research and it looks like there are mixed reviews.

 

I have been researching this for a week. If we start green card process, I would need to attend interview in our country which is not a problem for me. Some say, I wouldn't get a visa for the lab because of our pending green card application. If I apply for visa, and get denied again there is nothing we can do because our pending green card application will complete at some point and that is not impacted by visa denial.

 

But question I couldn't find answer is If I can get visa, a pending green card will cause a deportation or denial on our application when I arrive the USA?

We want to submit the green card application but I also want to attend my lab. I won't know duration of my lab until my interview next week.

 

If I accept the lab offer, apply for visa, and get the visa, would we see a problem with attending the lab in the usa while green card application is pending?

 

My husband wanted me to figure out if we should start the process or not.

 

What is recommended for us? I heard people here have real experience so I'm desperate to hear what other people did in similar situation?

 

Thank you, 

Simona.

 

 

 

 

 

 

[Dashinka 24,377]

Too bad you didn't find us a few months ago.  You husband had a classic case of filing a DCF case for you to get your GC much sooner than 2 years.  

 

That being said, it sounds like the lab course is important to you, but you also have immigration intent, so when filling out the DS160 for the student visa(?) you will need to disclose your USC spouse resides in the US, so it may be an uphill climb regardless of if you have an I130 in process for an eventual spousal visa.

 

I guess I would pursue the visa for the lab course first and see what happens.  Make sure you are very truthful with everything you fill out and with any questions asked at the visa interview, but I would be prepared to have it denied.  If you are approved, no one can say for sure what CBP will do when you attempt to enter the US with that visa, but you can bring documents showing your need to return after the lab course is complete.  I would also have you husband start researching the I130 process closely.

 

Good Luck!

[TBoneTX 45,031]

A special VJ badge for "Helpful Reply" has been awarded to Dashinka, in recognition of the post above.

[D-R-J 192]

I wonder if your husband came back he might still be able to do a DCF filing. He could make the case that he was in the US in preparation for the move. I think I’d look into this option more if I were you.

 

Does your husband have an unexpired residence permit for your country?

Edited September 14, 2023 by D-R-J

[Dashinka 24,377]

22 minutes ago, D-R-J said:

I wonder if your husband came back he might still be able to do a DCF filing. He could make the case that he was in the US in preparation for the move. I think I’d look into this option more if I were you.

 

Does your husband have an unexpired residence permit for your country?

That would be an interesting plan.  Maybe the husband could work something out with his manager to temporarily head back overseas to potentially do the DCF.  

[Boiler 45,322]

Which visa are the Lab proposing to sponsor you for?

[manyfudge 285]

It's not too late to file DCF.  This can really speed things up.

 

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

 

The text is

"Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date."

 

What country are you in? Email the consulate right away.  You have time - when is next semester? January.

 

Your twins have CRBA?

 

 

[DrBiologist 0]

3 hours ago, Dashinka said:

Too bad you didn't find us a few months ago.  You husband had a classic case of filing a DCF case for you to get your GC much sooner than 2 years.  

 

That being said, it sounds like the lab course is important to you, but you also have immigration intent, so when filling out the DS160 for the student visa(?) you will need to disclose your USC spouse resides in the US, so it may be an uphill climb regardless of if you have an I130 in process for an eventual spousal visa.

 

I guess I would pursue the visa for the lab course first and see what happens.  Make sure you are very truthful with everything you fill out and with any questions asked at the visa interview, but I would be prepared to have it denied.  If you are approved, no one can say for sure what CBP will do when you attempt to enter the US with that visa, but you can bring documents showing your need to return after the lab course is complete.  I would also have you husband start researching the I130 process closely.

 

Good Luck!

First of all thank you for this reply. Can you clarify 2 points?

Do you mind explaining what is DCF and why we missed that opportunity? 

My Husband US citizen and he is working for US based Oil company. He was able to work remotely but now his job required him to return back to office. His main office was always Texas but he had a chance to work remotely. He had an address and home in the USA all the time. 

 

For the second part, if visa gets denied, will it impact my existing I130 process or will it ban me from future applications?

Or if i can get the visa and enter the usa, how likely will they cancel my current I130 process and future applications? 

I'm just trying to not ruin anything because I don't want to miss this lab oppurtunity. It is from a major university with big oppurtunity.

Edited September 14, 2023 by DrBiologist

[DrBiologist 0]

2 hours ago, D-R-J said:

I wonder if your husband came back he might still be able to do a DCF filing. He could make the case that he was in the US in preparation for the move. I think I’d look into this option more if I were you.

 

Does your husband have an unexpired residence permit for your country?

Hi, my husband can visit for short time(for a few days), Do you mind what you mean and recommend by DCF filing? How is our situation qualifies for it? 

My Husband is also citizen of our country. He just has US citizenship as well (he got divorced 5 years ago) and he works for US based company. His company was allowing him to work remotely. 

[DrBiologist 0]

2 hours ago, Boiler said:

Which visa are the Lab proposing to sponsor you for?

Hi, I'm not sure yet, I will find out in my interview. I don't have the welcome letter but in the conversations they mentioned F1 STUDENT visa. 

 

1 hour ago, manyfudge said:

It's not too late to file DCF.  This can really speed things up.

 

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

 

The text is

"Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date."

 

What country are you in? Email the consulate right away.  You have time - when is next semester? January.

 

Your twins have CRBA?

 

 

Hi,

How can I make sure that we qualify for this 100%? Does he need a letter from his manager?

I just don't want to delay I130 with the hopes of DCF. Does this make sense? what would you recommend?

Edited September 14, 2023 by DrBiologist

[Dashinka 24,377]

3 minutes ago, DrBiologist said:

First of all thank you for this reply. Can you clarify 2 points?

Do you mind explaining what is DCF and why we missed that opportunity? 

My Husband US citizen and he is working for US based Oil company. He was able to work remotely but now his job required him to return back to office. His main office was always Texas but he had a chance to work remotely. He had an address and home in the USA all the time. 

 

For the second part, if visa gets denied, will it impact my existing I130 process or will it ban me from future applications?

Or if i can get the visa and enter the usa, how likely will they cancel my current I130 process and future applications? 

I'm just trying to not ruin anything because I don't want to miss this lab oppurtunity. It is from a major university with big oppurtunity.

DCF stands for direct consular filing.  It used to be more common when USCIS offices were more widespread around the world, but now they are only allowed at the US consulate under exceptional circumstances.  One of the common exceptions is when a USC spouse has to repatriate due to work responsibilities.  What happens is the USC contacts the consulate and request they accept the I130 filing for an eventual spousal visa along with the reasons (I.e short-term job relocation back to the US).  If the consulate accepts it, the processing time for the I130 and visa is accelerated greatly (usually less than six months or so).

 

I am not sure this is an option anymore since your husband already went back to the US, but it may be if he can work something out with his manager and he still has valid residency in the country you are at.

 

You can learn more about recent DCF filers by searching “DCF” in the VisaJourney search bar.

 

 

[DrBiologist 0]

2 hours ago, Dashinka said:

That would be an interesting plan.  Maybe the husband could work something out with his manager to temporarily head back overseas to potentially do the DCF.  

Hello, does this DCF have to happen before filing I130? I mean can we start I130 and still push for DCF?

[Dashinka 24,377]

Here is a helpful thread that is not too old that lays out the DCF process in good detail.

 

Good Luck!

 

 

[Dashinka 24,377]

1 minute ago, DrBiologist said:

Hello, does this DCF have to happen before filing I130? I mean can we start I130 and still push for DCF?

No, if your husband submits an I130 (online or by mail) to USCIS, DCF is no longer an option.  You have to put the request in at the consulate first.

[Boiler 45,322]

Not sure I see how DCF will work, that bird has flown, no harm asking.

 

F1, OK I thought this might be some sort of work visa.