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JTpolzin

DCF in Ukraine

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I understand Ukraine does not have a USCIS office but will allow DCF in exceptional circumstances, one of which being a transfer inside the same company.

 

I have been living in Ukraine for almost 3 years now and living with my wife for the past 2 years.

 

I own my company and have set it up so most of the work happens in Ukraine with a large office / workers. It is now time for me to go back to the USA and some of the contracts I want to sign this year will require my personal presence in USA.

 

If I transfer myself to USA will this satisfy the "exceptional" circumstances requirement for a DCF? Should I list the, contracts as the reason I want to transfer myself back? I do have a small office in the United States but until now my main office has been in Ukraine.

 

Not trying to game the system, until about a month ago I really didnt think we would move back but the new business is going to double my company in the next year and its something we have decided to do.

 

 

Suggestions?

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Only way to know for sure is to try.

Every exceptional circumstances DCF case is discretionary if they will accept the filing or not.

Transferring oneself is unlikely to meet this IMO, but the only harm in trying is a few weeks delay to make a decision if they refuse to accept the DCF filing.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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3 minutes ago, geowrian said:

Only way to know for sure is to try.

Every exceptional circumstances DCF case is discretionary if they will accept the filing or not.

Transferring oneself is unlikely to meet this IMO, but the only harm in trying is a few weeks delay to make a decision if they refuse to accept the DCF filing.

Understand I am trying to make the best case I can,

 

My company is not insignificant I employ 10 people in Ukraine and 3 in USA so its not just setting up a LLC and transferring myself, also about 1.4m in revenue and this would increase to over 2m if I take the contract.

Edited by JTpolzin

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19 minutes ago, JTpolzin said:

Understand I am trying to make the best case I can,

 

My company is not insignificant I employ 10 people in Ukraine and 3 in USA so its not just setting up a LLC and transferring myself, also about 1.4m in revenue and this would increase to over 2m if I take the contract.

Understood.

 

That said, the # of people you employ and revenue have no impact on the DCF decision.

 

Edit: Are you the USC or the intending immigrant?

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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3 minutes ago, geowrian said:

Understood.

 

That said, the # of people you employ and revenue have no impact on the DCF decision.

 

Edit: Are you the USC or the intending immigrant?

USC,

 

and I understand I am simply mentioning this since its not a one person company and I should be able to transfer myself as I would any other employee. I understand I am a bit different as the sole owner. What I am trying to do is build the best case possible and say the right words so it gives us the best chance of being accepted since words matter and explaining the situation matters.

 

 

Edited by JTpolzin

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Then I would suggest - without drawing attention to it - reasons why you need to be in the US with your SO soon and can't do so on your own. Presumably, you can do the business items in the US without her there, or potentially without even having residency in the US still. Provide reasons why this is not feasible or would cause extreme hardship.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, geowrian said:

Then I would suggest - without drawing attention to it - reasons why you need to be in the US with your SO soon and can't do so on your own. Presumably, you can do the business items in the US without her there, or potentially without even having residency in the US still. Provide reasons why this is not feasible or would cause extreme hardship.

Ok great I mean I assume anyone can take a job etc without the SO and the main reason they cant do it without them is they dont want to. I have read many good results here on people getting DCT based on a new job or transfer and since this is a specific exception to the rule they seem to understand people might or would give up a job becasue they dont want to be parted.

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6 minutes ago, JTpolzin said:

Ok great I mean I assume anyone can take a job etc without the SO and the main reason they cant do it without them is they dont want to. I have read many good results here on people getting DCT based on a new job or transfer and since this is a specific exception to the rule they seem to understand people might or would give up a job becasue they dont want to be parted.

Yes, but in your situation specifically, there isn't really any "giving up the job", so having good reasons laid out would help IMO.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Just now, geowrian said:

Yes, but in your situation specifically, there isn't really any "giving up the job", so having good reasons laid out would help IMO.

But there is for the health of the company I need to work from the USA but i do understand and I will work on a explanation.

 

It shouldn't be much different than if a company I didn't own decided for the health of the company I needed to move from Ukraine to USA. The only difference is I happen to be the shareholder.

 

Thank you for your advice.

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Just now, diarbildua said:

Isn't there a kind of VISA for entrepeneurs that have business in US larger than $100k?? I believe there is another one capped at $500k

There could be but I already am a USC and she is eligible for a sponsorship. Before now we were not planning on living in the USA so we didnt apply, now we are due to my business and as such would prefer to go this route if I can.

 

Her daughter would also be sponsored but would not join us until after the school year. I am also in the process of adopting her so she will get USC on arrival.

 

 

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