DCF for a new job - true that only certain jobs qualify?

[DesperateinVienna 0]

I (American) and my wife (Austrian) are hoping to move to the US. She has no Green Card. I'm working on getting a job and will hopefully have one soon, but am unsure if the consulate will go for DCF. We talked to a US-based lawyer and he said it was unlikely in general, but I feel like he may not have been aware of how DCF works since he said the I-130 had to go to the US first. He also said that, unless the position was of some sort of government significance, it would be unlikely for any consulate to do DCF.

 

Is this true? I was under the impression that any job could technically qualify, so long as it's not a temporary/contract position. What are your experiences (in Vienna or in general)?

[powerpuff 6,744]

No, it’s not true and I’d definitely not use this lawyer. Something to keep in mind is that the consulate has all the discretion so it’s up to the reviewing consular officer if the DCF request will be accepted or not.

[Boiler 45,733]

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

You can read it for yourself.

[DesperateinVienna 0]

Thank you both @Boiler and @powerpuff! This was my thinking, I just wanted to double-check.

 

The next question - I have no job lined up yet. I'm hoping to have one soon, but there is nothing definitive. I don't know if the consulate in Vienna does DCF or not; I've seen that it flat-out does not, that it does, and that Frankfurt does it instead on Vienna's behalf. If I contact the consulate asking if they do it, will that make a future DCF petition seem sketchy (like if I were to ask them this week if they do it at all and then in 3 months say "I got a job can I do DCF" - will that look fishy to them? Or is asking those questions fairly normal without any risk?

[SalishSea 17,970]

5 hours ago, DesperateinVienna said:

I (American) and my wife (Austrian) are hoping to move to the US. She has no Green Card. I'm working on getting a job and will hopefully have one soon, but am unsure if the consulate will go for DCF. We talked to a US-based lawyer and he said it was unlikely in general, but I feel like he may not have been aware of how DCF works since he said the I-130 had to go to the US first. He also said that, unless the position was of some sort of government significance, it would be unlikely for any consulate to do DCF.

 

Is this true? I was under the impression that any job could technically qualify, so long as it's not a temporary/contract position. What are your experiences (in Vienna or in general)?

DCF exists as a way for US citizens with legitimate urgent  reasons to relocate their foreign family to the U.S.   It is discretionary and replaces the direct processing program that was in place when all of the international USCIS field offices closed a few years ago.  
 

It sounds like you’re trying to fabricate a situation that fits, rather than actually having an urgent need.  
 

Why not just petition your spouse for consular processing? 

[DesperateinVienna 0]

2 minutes ago, SalishSea said:

DCF exists as a way for US citizens with legitimate urgent  reasons to relocate their foreign family to the U.S.   It is discretionary and replaces the direct processing program that was in place when all of the international USCIS field offices closed a few years ago.  
 

It sounds like you’re trying to fabricate a situation that fits, rather than actually having an urgent need.  
 

Why not just petition your spouse for consular processing? 

 

So to be clear, I'm not trying to fabricate anything - I'm working on locking down a job, but much of my decision-making is whether or not I may be separated from my wife in two years if I accept it and DCF turns out to not be available in Vienna (which is why I'm no fan of the consular processing, for the length). I'd very much like the job because it would get me out of a not good financial situation and would return me to the US, but I just want to know if DCF is a possible option for her if I take the job, because two years apart is nightmarish.

 

But your question is precisely why I'm nervous to ask the Vienna embassy ahead of time if they do DCF - I do not want to come across as if it is fabricated.

[appleblossom 2,803]

2 minutes ago, DesperateinVienna said:

 

So to be clear, I'm not trying to fabricate anything - I'm working on locking down a job, but much of my decision-making is whether or not I may be separated from my wife in two years if I accept it and DCF turns out to not be available in Vienna (which is why I'm no fan of the consular processing, for the length). I'd very much like the job because it would get me out of a not good financial situation and would return me to the US, but I just want to know if DCF is a possible option for her if I take the job, because two years apart is nightmarish.

 

But your question is precisely why I'm nervous to ask the Vienna embassy ahead of time if they do DCF - I do not want to come across as if it is fabricated.

 

Unless processing times slip further, it's likely to be 18 months rather than 2 years via Vienna. And your wife can visit in the interim, you wouldn't be apart. Plus of course, if DCF is refused and you don't want to leave Austria, you could give up the job offer and not move until your wife has her visa. 

 

All consulates can do DCF, so Vienna can, but it is at their discretion. 

[SalishSea 17,970]

7 hours ago, DesperateinVienna said:

 

So to be clear, I'm not trying to fabricate anything - I'm working on locking down a job, but much of my decision-making is whether or not I may be separated from my wife in two years if I accept it and DCF turns out to not be available in Vienna (which is why I'm no fan of the consular processing, for the length). I'd very much like the job because it would get me out of a not good financial situation and would return me to the US, but I just want to know if DCF is a possible option for her if I take the job, because two years apart is nightmarish.

 

But your question is precisely why I'm nervous to ask the Vienna embassy ahead of time if they do DCF - I do not want to come across as if it is fabricated.

It's for people, at the discretion of the embassy, who have an existing demonstrated urgent need.  It doesn't seem as though you qualify.

[DesperateinVienna 0]

5 hours ago, SalishSea said:

It's for people, at the discretion of the embassy, who have an existing demonstrated urgent need.  It doesn't seem as though you qualify.

 

Right, I don't deny that at all - at the moment, I do not have a clear job offer. I was simply asking that, if I am able to lock down this job, if I'd be able to use DCF in Vienna, as the alternative - being away from my wife for two years - is nightmarish and something I don't want to do. It appears that you/other folks have answered in the affirmative, that DCF is a feasible possibility (depending on whether or not the consulate approves, which is of course impossible), so I appreciate it!

[DesperateinVienna 0]

48 minutes ago, DesperateinVienna said:

 

Right, I don't deny that at all - at the moment, I do not have a clear job offer. I was simply asking that, if I am able to lock down this job, if I'd be able to use DCF in Vienna, as the alternative - being away from my wife for two years - is nightmarish and something I don't want to do. It appears that you/other folks have answered in the affirmative, that DCF is a feasible possibility (depending on whether or not the consulate approves, which is of course impossible), so I appreciate it!

 *impossible to know, I mean. I might end up doing it the traditional way (consular processing) - I just was mainly asking because my lawyer seemed to think DCF does not exist at all, and I wanted to see if he was correct. So thank you all again