Lawyer never heard of DCF

[pallmetty 0]

Hi all, I'm a US citizen currently living with my wife in thailand for the last 2 years. We have a lease together and I have a marriage visa . I have been employed remotely as well. I recently received a job offer for a different company that I'm thinking of taking which is in person, and by chance I stumbled upon DCF while looking up the visa process for spouses in the US. I originally figured I would need to move back first, but this looks like it directly applies to people like us. This is a pretty new process for me entirely so I contacted a lawyer and they didn't even suggest DCF whatsoever, and repeated that "employment has no bearing on immigration" etc, etc. But the US embassy in Bangkok directly states that exceptional circumstances allow for DCF, so I'm a bit confused. Is this lawyer just uninformed? I had to spend over $100 for this silly consultation and I'm not sure I want to do that again lol. They told me like 6k for the entire process (not DCF).

 

Does anyone here have experience with Thailand DCF, if at all possible, and if so does a new job offer from a different company in a new role qualify? Any advice is appreciated 

[Boiler 45,451]

Lots of ####### Lawyers out there, if you use a Lawyer use one familiar with family immigration.

[JeanneAdil 6,489]

he's ill informed 

call embassy to see if they accept DCF

and they will want to see US job offer 

 

lawyer really not needed 

[pallmetty 0]

@JeanneAdil Yeah i figured they would want to see the offer, that's not a problem. Is there stipulations about the offer specifically, like does it have to be a minimum duration or can it simply be a w2? How will they verify that this is even real? The company who hired me has EIN and tax documents I'm sure so will try to get that prepared ASAP if needed.

[milimelo 4,475]

54 minutes ago, pallmetty said:

@JeanneAdil Yeah i figured they would want to see the offer, that's not a problem. Is there stipulations about the offer specifically, like does it have to be a minimum duration or can it simply be a w2? How will they verify that this is even real? The company who hired me has EIN and tax documents I'm sure so will try to get that prepared ASAP if needed.

W2 is what you get once you've been working for a company already so that's not something you'd be able to get before end of January next year.

 

For a new job offer, it's the offer from HR on the company letterhead that's needed that lists your offered position, terms of contract - length, start date, location, $$ per year or hr... 

[pallmetty 0]

@milimelo That's true, sorry I should have specified. I meant to say does it need to be a fixed duration contract offer or can it simply be a salaried W2 position offer, but you answered the question, thank you! 

 

And then once I accept the offer and assuming the consulate accepts the direct filing, would I go back to the US first and start working, verify the continued employment etc, and then my wife would complete the process still in thailand? I'm confused about the logistics beyond the job offer letter. What happens if I get fired? i'm kidding, but I wouldn't want to lose my job and also find myself in a legal situation, if this is all dependent on this one job. 

Edited June 14 by pallmetty

[milimelo 4,475]

7 minutes ago, pallmetty said:

@milimelo That's true, sorry I should have specified. I meant to say does it need to be a fixed duration contract offer or can it simply be a salaried W2 position offer, but you answered the question, thank you! 

 

And then once I accept the offer and assuming the consulate accepts the direct filing, would I go back to the US first and start working, verify the continued employment etc, and then my wife would complete the process still in thailand? I'm confused about the logistics beyond the job offer letter. What happens if I get fired? i'm kidding, but I wouldn't want to lose my job and also find myself in a legal situation, if this is all dependent on this one job. 

So what happens is you email the consular to ask for DCF processing (aka I-130 acceptance in exigent circumstances, employment change for example), they say ok and tell you to come see them (with or without your new spouse) - you come with completed forms and form of payment and once you have the approval (could be verbal on the spot like we had decades ago, could be via email as it seems to be the norm these days), they'll email you and beneficiary for next steps - DS-260, Affidavit of support, paperwork from beneficiary (medical exam, birth certificate, marriage certificate, any divorce certificate(s), police and court certificates... before they schedule the interview - this all could take couple of months but after approval you don't need to remain in the country, you can head to the US. 

 

Don't know about job loss (hopefully doesn't happen), I imagine the process would still go on but you'd need a joint sponsor? 

[Boiler 45,451]

Most DCFs seem to be regular salaried positions.

 

They do not have to be.

[JeanneAdil 6,489]

13 hours ago, pallmetty said:

@milimelo That's true, sorry I should have specified. I meant to say does it need to be a fixed duration contract offer or can it simply be a salaried W2 position offer, but you answered the question, thank you! 

 

And then once I accept the offer and assuming the consulate accepts the direct filing, would I go back to the US first and start working, verify the continued employment etc, and then my wife would complete the process still in thailand? I'm confused about the logistics beyond the job offer letter. What happens if I get fired? i'm kidding, but I wouldn't want to lose my job and also find myself in a legal situation, if this is all dependent on this one job. 

Are u going to be independent contractor / subcontracting part of this company work load?

then,  you might need a contract stating the terms of the job