DCF in Tbilisi with my Ukrainian wife (exceptional circumstance)

[Rukavetchka 0]

Hi, 

 

I’m a US citizen currently living abroad in 🇬🇪 Georgia. My wife is Ukrainian. We were married in the US last year when she was on immigration parole after fleeing Ukraine during the war. We left the US in December.

We have planned to live in Europe for the near future, we had hoped to return to ukraine but the situation is not improving. Now my mother has informed me that my grandmother’s health is declining and she has asked me to return to US and become my grandmother’s full-time caretaker, as she is too close to retirement to quit her job and move to her mother. 
 

I am not a resident here in Georgia, but I’m a business owner. Ive been here much of the year for the past 5-6 years. 
 

My wife has no connections here in Georgia except for me, so obviously it’s not an option for her to just wait here. Her home (sumy) is under regular shelling and only a few KM from the Russian border, so it’s not possible for her to wait at home. 
 

My plan is to request DCF here in Tbilisi. 
 

- Any tips or advice?
 

- What kind of documentation should I have? Proof of my wife’s address in the war zone? Medical evidence of my grandmother’s health problems? 
 

- Which circumstance should I choose? Humanitarian/dangerous situation? 
 

Related to US domicile - have still been receiving mail and bills in the US for all these years at my mother’s house. I don’t have a lot of money, but my grandmother is very wealthy and she’s willing to sponsor us and to testify to financial sponsorship, or even to transfer a large sum to my savings. 
 

 

 

[carmel34 3,622]

2 hours ago, Rukavetchka said:

My plan is to request DCF here in Tbilisi. 
 

- Any tips or advice?
 

- What kind of documentation should I have? Proof of my wife’s address in the war zone? Medical evidence of my grandmother’s health problems? 

DCF is more likely to be accepted if the US citizen spouse has a written job offer in the US and has to relocate to start the new job in the very near future.  Grandmother's health will not work.  Wife is not living in Ukraine so that is also a weak reason for DCF.  Focus on getting a job offer in the US with a start date in the next two or three months.  Be prepared for a plan B if DCF is not accepted, best and most likely path is file the I-130 with USCIS and wait out the spousal visa process while living in Georgia.  You will need a US-based income for the I-864 in about a year or a qualified joint sponsor, and proof of US domicile or intent to re-establish a US domicile.  If all goes well, she should have her spousal visa in 1-2 years.

Edited July 7 by carmel34

[Rukavetchka 0]

7 minutes ago, carmel34 said:

DCF is more likely to be accepted if the US citizen spouse has a written job offer in the US and has to relocate to start the new job in the very near future.  Grandmother's health will not work.  Wife is not living in Ukraine so that is also a weak reason for DCF.  Focus on getting a job offer in the US with a start date in the next two or three months.  Be prepared for a plan B if DCF is not accepted, best and most likely path is file the I-130 with USCIS and wait out the spousal visa process while living in Georgia.  You will need a US-based income for the I-864 in about a year or a qualified joint sponsor, and proof of US domicile or intent to re-establish a US domicile.  If all goes well, she should have her spousal visa in 1-2 years.

Thanks for the reply. Is there any expectation that the job offer should be something extraordinary? Or can any job work? 

[Boiler 45,467]

Another U4U?

[Rukavetchka 0]

6 minutes ago, Boiler said:

Another U4U?

We tried - the sponsor was approved but travel authorization was denied. 

[Rukavetchka 0]

Additionally, there is a lot of conflicting information about filing immigrant visas for Ukrainians. 
 

for a long time, Kyiv was not processing immigrant visas and the embassies of Poland, Georgia, etc were recommending all filings for Ukrainians i130 to file in person in Frankfurt. 
 

now the Kyiv embassy has resumed processing, but this policy is still stated on websites of Georgian and Polish embassies. 

 

Edited July 7 by Rukavetchka

[Boiler 45,467]

7 minutes ago, Rukavetchka said:

We tried - the sponsor was approved but travel authorization was denied. 

This seems a good case for you Senator to get involved, travel authorisation was previously approved so they would seem to have no basis to refuse it.

[Rukavetchka 0]

1 minute ago, Boiler said:

This seems a good case for you Senator to get involved, travel authorisation was previously approved so they would seem to have no basis to refuse it.

We assumed that it was because we were applying a second time. Perhaps you are right, and we should contact our senator. 
 

there was one other issue with that U4U which I should mention. Since we got married in the US, we already changed my wife’s name on her social security card. But all her foreign documents are still with her old name. We used her new legal name (my last name) on the U4U application, and included her maiden name on the “other names” part of the form. But I wouldn’t think that would be a problem..

[Boiler 45,467]

I am not aware of any limitation as to how often you can apply for U4U, I looked and could not find any and no one else has come across anything.

 

Change names is not relevant.

 

Cant do any harm and it is free to follow it up.

[Rukavetchka 0]

3 minutes ago, Boiler said:

I am not aware of any limitation as to how often you can apply for U4U, I looked and could not find any and no one else has come across anything.

 

Change names is not relevant.

 

Cant do any harm and it is free to follow it up.

Thanks, we will follow up with my senator in the US. Until then, formulating plans b-z. 

[JeanneAdil 6,492]

you may want to know about this program in Georgia and move ahead of your spouse to qualify for it

 

Note: Under the the GA Elderly and Disabled Waiver, there is a program called Structured Family Caregiving that serves people who are aged or physically disabled. Givers hires, supports, and pays family caregivers through this program in Georgia.

 

i have a friend who is receiving pay for care of father under this program / she does provide all services as required for he father's household , dr appts,  scheduling PT and OT therapy and is paid M-F even though it is a S-S job and lives in.  Gerogia feels this is keeping elders at home and out of hospice or nursing homes 

 

First the elder has to qualify per rules, then caregiver can apply

 

 

[Rukavetchka 0]

Update!

 

I managed to secure a really amazing job offer, and requested DCF based on the offer! It's kinda funny, realizing that my current situation probably wouldn't qualify for DCF put me on the job hunt and I actually got lucky and got offered my dream job!

 

I sent the request to the embassy and within a few days they replied asking me to send copies of my passport stamps for Georgia, as well as my residence card. I'm a bit worried, as I don't have a residence card, since georgia allows US citizens to live and work for 365 days without any kind of documents (and to renenw just need to leave country and reenter). I sent the passport stamps to them on friday and I'll be hoping to hear from them again this week with a positive answer, fingers crossed. 

 

I have a business here and I've spent the majority of my time over the last 5 years though, and I've been here continuosly for the last 6 months, so hopefully that will be enough!

 

I've prepared all the documents, and I had one question. Since I was actually offered the job (during the interview) before I received the formal offer letter, some of the documents like I-130 have an earlier date than the offer letter, by a few days. Does anyone think that will be an issue?

[Boiler 45,467]

I am not sure I have seen a case from Georgia and I have no idea how they will look at your status.

 

When does your job start?

 

 

[Rukavetchka 0]

1 hour ago, Boiler said:

I am not sure I have seen a case from Georgia and I have no idea how they will look at your status.

 

When does your job start?

 

 

The job starts on Sept 15.

 

I hope they will view my status favorably! My bank accounts, business, car, everything is here.

 

Georgia is pretty unique with the 365day visa-free policy. 

[Rukavetchka 0]

Update!

 

The consulate sent me a request to submit the i-130 and all documents to the consulate (by mail). I assume this means unless there is some major problem, we will be allowed to file locally.

 

It's a bit nerve-wracking to send the original copy of my wife's birth certificate by post!

 

Aside from that, I think I have most things in order. Only one thing, they wanted a notarized translation of the birth certificate, not just a translation. So we made that and sent the packet today.

 

We've been together less than a year, so we don't have a lot of shared assets and things like that for the evidence of bona-fide - just a joint bank account and a lot of photos with friends and family, wedding photos, etc. I don't think the legitimacy of the marriage will be in question, especially since we got married in the US! my wife had an easier path to residency if she just stayed there 

 

Now we move on to checking over all the documents we will need before the interview.