Taking New Job in US before visa interview

[Tris 3]

  I am filing an I-130 petition for my wife, via DCF at USCIS Manila.  I have the appointment in 5 days.  I have lived here in the Philippines for 2 years without leaving the country and have all the proof they'll need.  BUT, I've just got a job offer in the U.S.  If I take the job after I file the petition, will that affect the DCF process? 

 

  I think I need to be with my wife at the interview since we're filing DCF.  And I could do that even if I were to take the new job.  The new job would be 2 weeks on/ 2weeks off work, therefore I could come back to the Philippines every other 2 weeks. But, would the embassy and CO need to see my passport AND would leaving the country for work for 2 weeks and coming back, affect our eligibility for the fast DCF process?

[millefleur 5,035]

Nope, if you take the job after filing the petition you'll be fine.

 

I'm not sure about the requirements of your embassy. Here, for DCF filers, the petitioner must accompany the beneficiary to file the I-130.

 

I'd recommend filing your I-130 together with your wife (if it's necessary to accompany her) and then you can go ahead and take the job or even move back to the US once it's been filed.

[Tris 3]

Great! Thanks for your reply.  I really need the work.

[patriot10 11]

Here at new delhi India, it is not even necessary for the beneficiary to accompany the petitioner when he/she goes to file the I-130. 

I-130 is all about the petitioner. 

We had gone together and since it was out of town, we had a small piece of luggage. We were told we cannot take it inside the consulate. Upon explaining that we were there to file the petition, they said no problem, only the petitioner is required to file the petition...and that I, the beneficiary could stay outside with the bag!!

So there i stood outside the consulate, with the bag! spouse went in, she later said that she had to wait her turn for half an hour and spent about 10-15 minutes at the window and the petition was succefully filed.

 

At the interview, later we found that the petitioner was not required..only the beneficiary had to show up. Although we did go together WITHOUT any luggage and we had no issues.

 

having said that, i would suggest that both beneficiary and sponsor be available during the petition and interview as they are allowed to be at the window together as one never knows... Although there is not much part for the beneficiary to play during the petition and no part of the petitioner during the interview.

 

In your particular case, you definitely have to be there to petition yourself. Since you have a job offer, you should go ahead accepting it and moving to the US. Just leave a photocopy of the job offer letter, your acceptance with your spouse....so that just in case , the interviewing officer asks your spouse where you are at the time of the interview, a straight simple reply with proof is forthcoming and that you got a good job and hence you have already moved to the US due to that.

 

Since you are filing a petition, it is expected that you intend to establish permanent domicile back in the US. Your leaving the US every two weeks is not an issue provided it is easily explained by you job profile and that you have take other concrete steps to establish domicile in the US which includes, residence, children schools, banking , drivers licence, voting etc.

 

 

best rgds.

Edited May 21, 2017 by patriot10

[Penguin_ie 5,984]

You will be fine- all that is needed is you beign resident abroad at the time of filing the I-130.

[Tris 3]

Great! Thanks again for the help.  I will go forth with the job offer.  Good luck to me

[Bombayy 7]

Patriot10, for filing the I-130 petition in New Delhi in February, I received explicit instructions from the USCIS there about bringing my husband. The office's email said: "The U.S. citizen petitioner and the beneficiary must appear together at our office in order to file." Maybe things have changed since you filed, but I would advise anyone living in India to email USCIS directly to find out whether the petition's spouse needs to be there. 

[patriot10 11]

The directions were same when i went as well...and i did go.

Then the fiasco with the travel bag happened and i had to stay outside with the bag..and i was ''verbally'' told that i (the beneficiary) is not really required on the day.

 

Of course, it is best if both sponsor and beneficiary are present....but....

 

 

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