Tokyo DCF Denied

[TonyaJackson 0]

My direct consular filing was denied by Tokyo due to insufficient evidence even though i provided as much evidence as possible. As a result I’ll have to decline the job and find another English teaching job in Japan with my wife. Since she’s pregnant and no other options than to apply through a lockbox and timelines are about 2 years. 
 

my concern is we had already planned to visit USA for thanksgivings would this filing at the us embassy be on record with USCIS and will cause my wife to be sent back to Japan as they may believe we are trying to move to USA after DCF was denied? I read that they don’t file for USCIS but worried that this will create a problem when we try to visit together for the first time 

[Boiler 45,733]

Ooops DCF is for people who are moving not thinking of moving

Edited September 23 by Boiler

[NorthByNorthwest 359]

2 hours ago, TonyaJackson said:

My direct consular filing was denied by Tokyo due to insufficient evidence even though i provided as much evidence as possible. As a result I’ll have to decline the job and find another English teaching job in Japan with my wife. Since she’s pregnant and no other options than to apply through a lockbox and timelines are about 2 years. 
 

my concern is we had already planned to visit USA for thanksgivings would this filing at the us embassy be on record with USCIS and will cause my wife to be sent back to Japan as they may believe we are trying to move to USA after DCF was denied? I read that they don’t file for USCIS but worried that this will create a problem when we try to visit together for the first time 

 

Without knowing what evidence you provided - just having a job offer back in the US isn't really enough for DCF - friends that went through that process were all on temporary assignment and were able to show that their current employer needed them back in the US ASAP, none were in the eikaiwa business. It will also be a factor how long you've been in Japan to determine if you (still) have a US domicile.

 

Denied DCF should not be a blocker for visiting on ESTA, does she already have one? Round-trip tickets and anything showing that both of you have strong ties to Japan will be helpful.

[TonyaJackson 0]

2 hours ago, NorthByNorthwest said:

 

Without knowing what evidence you provided - just having a job offer back in the US isn't really enough for DCF - friends that went through that process were all on temporary assignment and were able to show that their current employer needed them back in the US ASAP, none were in the eikaiwa business. It will also be a factor how long you've been in Japan to determine if you (still) have a US domicile.

 

Denied DCF should not be a blocker for visiting on ESTA, does she already have one? Round-trip tickets and anything showing that both of you have strong ties to Japan will be helpful.

Thank you for the response. Would I print these documents to show them we have a pet, lease and round trip tickets. She does not have an ESTA but will be applying for one again soon 

 

The proof we provided was an accepted job offer and stated wife is pregnant however they stated that since I had listed a address in US in the contract in Maine(my friends) they believe I was in the US and received this offer prior to my move here which makes no sense.. I have to have a US address to accept the offer so they could send paperwork 

 

they stated that once they make a decision you can’t appeal or provide additional context. Wondering if this is for a time period or indefinite where I cannot apply again.

[Boiler 45,733]

They may be confused and assume you moved back to the US.

 

VWP requires proof of return ticket or onward travel.

[Elavod 23]

@TonyaJackson Can I ask what the process was? Did you request DCF via email and got denied? Or did you get approved at first, and then denied after filing the I-130 petition? 

[TonyaJackson 0]

@Elavod I emailed and was denied based off the proof of the exceptional circumstance

[TonyaJackson 0]

Anyone know if I get denied now and then in a 3 months I can try again if I get another opportunity? 
we will be doing IVF so would want to be in US if I can get another job opportunity but since I was denied now I won’t be able to move till then 

[Boiler 45,733]

I have never come across any mention of any limitations on the number of times you can apply.

[TonyaJackson 0]

@Boiler I have been applying for more jobs and sounds like I have another job which I can accept but also in the USA would need to relocate. 

if I applied and got denied in September for a job relocation to USA for DCF. Would applying again to embassy with this new offer be too soon or should I wait a couple more months before I ask DCF again. Really would want to move back with my wife to have baby and relocate without having to be an English teacher in Japan.

 

thanks 

[Boiler 45,733]

There is no specifics on this, your guess is a good as anyone's else.

 

DCF is by its very nature subjective.