DCF in London… Ignorantly sent i130 to USCIS

[Jse217 2]

My wife and I have been offered contracts starting in July.  I am a USC, she a British National.  We have been married 9 years and have a 6 y/o daughter who is also USC.

 

Not knowing much about the process, we figured the I130 process was going to be fairly quick.  After filling, completing and submitting the i130, I quickly realized it is going to take many months.  

 

I did more research and found out about DCF.  I contacted the embassy in London and they responded that they would not help us, as we have already filed an i130.  I feel sick.  

 

Is there anything I can do?  If I canceled the i130, would they help me then?  I feel very desperate and disappointed.  

 

Any advice would be welcomed.  

 

[Boiler 45,462]

There was a discussion about this some time back and if you cancelled the I 130 it would be down the Chief  in the Consulate to decide, some apparently will and some will not, as they have not suggested this I assume not. But by all means ask.

[Crazy Cat 41,823]

18 minutes ago, Jse217 said:

Any advice would be welcomed.  

If you cannot get the cooperation of the consulate, you can request an expedite for the I-130 at USCIS....but don't expect any miracles.  It will still not be fast.

I wish you had come here first.

Edited March 6 by Crazy Cat

[appleblossom 2,466]

When did you file the I-130? The good news is that London is one of the quickest consulates, and your wife could have her visa within approx 3-4 months of having the I-130 approved.

[millefleur 5,046]

56 minutes ago, Jse217 said:

I did more research and found out about DCF.  I contacted the embassy in London and they responded that they would not help us, as we have already filed an i130.  I feel sick.  

It's very unfortunate. You can take the risk and try to cancel the filed I-130 but you'll have to explain what happened to the consulate in London and then the ball is in their court to decide. Since they already said they won't help, odds don't look good. You might be better off just waiting out the one you've already filed.

[Redro 4,611]

There was one person who was able to file DCF after filing I130 via USCIS but it was a long process that involved their congressman and they were also connected to the military.

Have you asked the embassy in the UK if they would accept your DCF request if you cancelled the existing petition? Have you contacted USCIS about expediting your case due to job offer? Has your wife been offered a job in the US too or is it just you? 

[Jse217 2]

7 minutes ago, Redro said:

There was one person who was able to file DCF after filing I130 via USCIS but it was a long process that involved their congressman and they were also connected to the military.

Have you asked the embassy in the UK if they would accept your DCF request if you cancelled the existing petition? Have you contacted USCIS about expediting your case due to job offer? Has your wife been offered a job in the US too or is it just you? 

We haven’t tried to expedite it yet through USCIS, as we wanted to throughly explore DCF first.  The embassy only relies with a computer generated message.  I believe a human has yet to read my two emails, as they are filtered out due to active i130.  

 

Both myself and my wife has been offered positions in a private high school.  I am just a teacher, but she is a senior level administrator.  

1 hour ago, Crazy Cat said:

I wish you had come here first.

Me too!!!

[Redro 4,611]

39 minutes ago, Jse217 said:

We haven’t tried to expedite it yet through USCIS, as we wanted to throughly explore DCF first.  The embassy only relies with a computer generated message.  I believe a human has yet to read my two emails, as they are filtered out due to active i130.  

 

Both myself and my wife has been offered positions in a private high school.  I am just a teacher, but she is a senior level administrator.  

Me too!!!

Would the school be willing to sponsor your wife for a J1 visa? 

[Boiler 45,462]

58 minutes ago, Redro said:

Would the school be willing to sponsor your wife for a J1 visa? 

H1b?

[SalishSea 17,818]

3 hours ago, Jse217 said:

My wife and I have been offered contracts starting in July.  I am a USC, she a British National.  We have been married 9 years and have a 6 y/o daughter who is also USC.

 

Not knowing much about the process, we figured the I130 process was going to be fairly quick.  After filling, completing and submitting the i130, I quickly realized it is going to take many months.  

 

I did more research and found out about DCF.  I contacted the embassy in London and they responded that they would not help us, as we have already filed an i130.  I feel sick.  

 

Is there anything I can do?  If I canceled the i130, would they help me then?  I feel very desperate and disappointed.  

 

Any advice would be welcomed.  

 

There is nothing about US immigration that is quick.  Unfortunately, if they won't accept the case as DCF, you're in the queue with everyone else.

[Redro 4,611]

1 hour ago, Boiler said:

H1b?

J1 visa is a visa used for schools… not sure if it only applies to teachers or people in education in general… 

there might be a 2 year requirement but a waiver is always something to be considered in the future… 

ETA j1 might not be an option though if i130 was filed so maybe H1B but I don’t think it is a lottery exempt position… OP might have to delay the move…

Edited March 7 by Redro

[Boiler 45,462]

J1 is non immigrant, I do not see HRR, H1b is dual intent and I know schools have used it and obviously needs the school to be cap exempt.

[Jse217 2]

8 hours ago, Boiler said:

J1 is non immigrant, I do not see HRR, H1b is dual intent and I know schools have used it and obviously needs the school to be cap exempt.

Thank you for this… our school is collaborating with a local university, so qualifying for cap exempt status may be possible.

 

Thank you.  

[Dashinka 24,487]

18 minutes ago, Jse217 said:

Thank you for this… our school is collaborating with a local university, so qualifying for cap exempt status may be possible.

 

Thank you.  

It was asked already, but I did not see an answer, when was the I130 submitted to USCIS (i.e. how far along are you in the process)?  Expedite and maybe some help from a Congress member might be the best course at this time.  Your wife may also ask the school if they are willing to wait for the immigration to be sorted out.

 

Good Luck!

[Jse217 2]

3 minutes ago, Dashinka said:

t was asked already, but I did not see an answer, when was the I130 submitted to USCIS (i.e. how far along are you in the process)?  Expedite and maybe some help from a Congress

We filed 13 days ago