What are my options while waiting for I-130 to be processed for my wife and kids?

[BillK 0]

I am nearing a job offer that would require me to relocate to the US from Greece. I am a US citizen by birth, having lived there for only the first 10 years of my life. I have been married for almost five years and have two kids, one 3.5 year old and one 11 month old.

 

Please correct me if I'm wrong:

• For my wife, the only option is to file an I-130. I understand that I can request it to be expedited.
• My two kids are eligible for an N-600K via my parents. Downsides to that are the cost - almost double - and that my father would be required to travel to the US for the interview.

 

Upon receiving a job offer, do I contact the Athens Embassy before I file the I-130? Can someone point me to the best resource on instructions?

 

After filing, what are the options for my family to visit in the US? Would we go with the ESTA, display return tickets and intent to return, and then they actually go back to Greece before the time limit?

 

We have been planning a trip to the US by Christmas. What happens if I receive an offer while in the US? Can I file for an I-130 if my family is in the US on the ESTA?

[OldUser 6,608]

5 hours ago, BillK said:

For my wife, the only option is to file an I-130. I understand that I can request it to be expedited.

Yes, you need to prove relationship between you, US citizen and foreign spouse, the beneficiary. I-130 is a must

[OldUser 6,608]

5 hours ago, BillK said:

My two kids are eligible for an N-600K via my parents. Downsides to that are the cost - almost double - and that my father would be required to travel to the US for the interview.

True, but it will be a shorter journey for them immigration wise.

5 hours ago, BillK said:

After filing, what are the options for my family to visit in the US? Would we go with the ESTA, display return tickets and intent to return, and then they actually go back to Greece before the time limit?

Yes, they'd visit on ESTA, but CBP can always deny entry.

[OldUser 6,608]

5 hours ago, BillK said:

We have been planning a trip to the US by Christmas. What happens if I receive an offer while in the US? Can I file for an I-130 if my family is in the US on the ESTA?

You can file I-130 whether they are in or out of the US.

 

What you cannot do is come to the US with intention of them staying and adjusting status, because that would be fraud. Adjustment of status will also be more expensive route compared to N-600K. 

[OldUser 6,608]

Also, why are you tying I-130 to job offer?

[appleblossom 2,445]

I’d look into DCF - sounds like you would be eligible if you get the job offer, and it would be a heck of a lot quicker than a ‘normal’ spouse visa application. 

[Boiler 45,445]

Are you only moving if you get the job offer?

 

I second DCF

[BillK 0]

8 hours ago, OldUser said:

True, but it will be a shorter journey for them immigration wise.

Yes, they'd visit on ESTA, but CBP can always deny entry.

What would minimize the chances of CBP denying entry? Displaying proof of wife's employment, active lease contracts, return airline tickets?

[BillK 0]

6 hours ago, Boiler said:

Are you only moving if you get the job offer?

 

I second DCF

Thanks! We will be moving regardless of the job offer. If this falls through, I would just go with the normal I-130 and wait to move until it is processed.

[BillK 0]

8 hours ago, OldUser said:

You can file I-130 whether they are in or out of the US.

 

What you cannot do is come to the US with intention of them staying and adjusting status, because that would be fraud. Adjustment of status will also be more expensive route compared to N-600K. 

8 hours ago, OldUser said:

Also, why are you tying I-130 to job offer?

 

From what I understand, going with the DCF option would require a job offer. Once filing through the regular USCIS form, expediting is no longer an option, correct?

 

[Boiler 45,445]

VWP erequires proof of return on onward travel, return presumably here.

 

DCF is not an expedite, just quicker. You can still try an expedite with the regular process if you have a valid reason.

[BillK 0]

6 hours ago, Boiler said:

VWP erequires proof of return on onward travel, return presumably here.

 

DCF is not an expedite, just quicker. You can still try an expedite with the regular process if you have a valid reason.

Ah thanks for clarifying, I had missed that part. The Athens Field Office has been shut down so the only way to apply through them is if I have a job offer according to https://www.uscis.gov/archive/greece-uscis-athens-field-office 

 

Quote

If you are a U.S. citizen, the Department of State may accept a petition from you if you are filing for your immediate relative (spouse, unmarried child under the age of 21, or parent (if you are 21 years of age or older) at a U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3. Please contact the U.S. Embassy or Consulate having jurisdiction over the area where you live for further information.