Working in US while DCF is filed?

[theskeets 10]

Hello!

First of all, thank you everyone for all the information you've provided on this site. It has been so valuable for us! First time posting, but long, long time lurker.

My question is about what DCF "actually" means. Would an American citizen be able to go back and work in the US prior to the spouse getting approval?

My husband and I married in Switzerland, though are both residents of the Netherlands for over 6 months. I understand that this qualifies us for CR-1 filing through DCF of the Chicago Lockbox. However, I have a potential job opportunity back home in the States that would start in mid-September. We plan on sending our I-130 to Chicago in early July.

Seeing as I am the American citizen, would taking this job back in the States interfere with the DCF process of my Swiss husband? Or would it be ok, since the DCF essentially refers to the first part of the process? I obviously would like to take this job, but the visa is no.1 priority, wouldn't want to jeopardize anything.

Any help or input would be appreciated!

[Penguin_ie 5,985]

The US citizen can move home as soon as the I-130 is filed, though to be on the safe side, it is recommended they stay until the I-130 is approved, which with DCF often happens in a couple of weeks (just in case something goes wrong and the first filing gets rejected for a missing signature or something silly).

However, two things:

- You cannot file DCF, because the Netherlands US embassy does not have a USIS office in-house (list here: http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices) thus DCF is not available.

- You CAN file via the Chicago office, making clear the US citizen petitioner is living abroad at the time of filing, and hoping for an auto-expedite, but this is not guaranteed.

[theskeets 10]

Thank you Penguin!

Considering that we cannot file DCF at our local consulate but we both live overseas, which guidelines should we follow:

a) US Citizen lives in the US & Spouse lives overseas: http://www.visajourney.com/content/i130guide1

-or-

b) US Citizen and Spouse both live/reside overseas (DCF): http://www.visajourney.com/content/dcf

Thank you for your help!

[milimelo 4,196]

You can't do B as the US embassy in Netherlands doesn't have a local USCIS office there.

Follow the first guide.

[theskeets 10]

Thank you!

[Bob87 0]

My wife is American, living in The Netherlands for 2,5years now, been together for 5years. We got married recently and planning to move to the US. I am Dutch/Swiss, born and raised in the NL, but both Nationalities. We have filled the CR-1 without DCF, through Chicago Box office, got the notification it was redirected to Nebraska USCIS, can take up to 5months to process initial step.

My wife's job contract is coming to an end and she is also looking for jobs in Phoenix/ SoCal area, as well as in Amsterdam.

I have been reading your topic and have a questions based on the timeline mentioned in your footnote.

Did you end up taking a job back in the US and change to DCF from regular CR-1? Where did you change/file from and did your husband stay in the NL and was able to perform all steps?

We are strongly considering what is best, seen the timeframe between regular CR-1 and DCF. Seen we have made our decision to make the move it seems more obvious if there is a way to fast forward to go for it.

Thanks in advance!