Submit I-130 in Chicago, then ask for DCF in foreign country and re-apply if given job offer. Acceptable?

[US/EU_in_Czech 6]

Basically what it says in the title. My wife and I live abroad, we've decided that we'd like to go to the US, so I (the USC) have started looking for jobs in our American city of choice.

 

I was thinking, for maximum Cover-My-### potential, to file ASAP the normal way via the Chicago Lockbox, just to get the wheels going on that.

 

And then, as advised by a user on this forum, if I'm offered a job in the US, to apply for DCF at my local consulate, and re-file with them if approved (paying twice, but them's the breaks).

 

Would this be OK, or would I be banned from DCF since I would already have an open case in Chicago?

Edited February 27, 2019 by US/EU_in_Czech

[Boiler 43,433]

Just file now DCF I assume you are eligible.

[millefleur 5,035]

Hm. I thought @Paul & Mary had already answered this question in the last thread you posted?

Did you find some info otherwise that contradicted that answer?

[US/EU_in_Czech 6]

No no no, just trying to get additional reassurance since I'm nervous about everything all the time

 

@boiler I can't do DCF up-front because I don't have an offer yet.

[Boiler 43,433]

Why do you need an offer?

[millefleur 5,035]

1 minute ago, US/EU_in_Czech said:

No no no, just trying to get additional reassurance since I'm nervous about everything all the time

Got it...I think if you're willing to put up the money to double file, why not just get started on the Chicago lockbox petition now? Worst case scenario if DCF doesn't work out, you'll already be "in line" states-side.

 

Just now, Boiler said:

Why do you need an offer?

OP is in Czech Republic, no DCF offered there without exceptional circumstances.

[payxibka 10,044]

1 minute ago, Boiler said:

Why do you need an offer?

I assume without it Frankfurt won't approve an exception

[US/EU_in_Czech 6]

1 minute ago, millefleur said:

Got it...I think if you're willing to put up the money to double file, why not just get started on the Chicago lockbox petition now? Worst case scenario if DCF doesn't work out, you'll already be "in line" states-side.

That's the plan. It certainly isn't cheap, but I'm afraid of getting my DCF denied if and when I ask. I also don't want to assume that I'll get an offer anytime soon, because you never know.

 

So, it's OK start in one place, then start again somewhere else? I just want to be reassured 😓

 

1 minute ago, payxibka said:

I assume without it Frankfurt won't approve an exception

This is correct. A job offer requiring relocation is one of the reasons you can use to ask for "exceptional circumstances" DCF.

[Boiler 43,433]

1 minute ago, payxibka said:

I assume without it Frankfurt won't approve an exception

Ahh so not eligible for DCF but just trying an end run.

 

So needs a job offer

 

Who will wait for DCF process?

 

And still be resident in Czech Republic

 

Plus Consulate to agree.

 

How realistic is that.

 

 

[millefleur 5,035]

Yeah, this is tricky...I think the best bet is to get a direct answer from Frankfurt USCIS. This was probably asked before but, have you tried contacting them to double check if there's a chance they'd make an exception upon getting a job offer if you already have a petition in the works states-side?

[US/EU_in_Czech 6]

15 minutes ago, millefleur said:

Yeah, this is tricky...I think the best bet is to get a direct answer from Frankfurt USCIS. This was probably asked before but, have you tried contacting them to double check if there's a chance they'd make an exception upon getting a job offer if you already have a petition in the works states-side?

That worries me, in the event that what I'm doing is seen as wrong, they'd know from the outset.

[millefleur 5,035]

20 minutes ago, US/EU_in_Czech said:

That worries me, in the event that what I'm doing is seen as wrong, they'd know from the outset.

Understandable....I don't think they would view it as "wrong," probably more like "Well, you already have a petition in progress so just wait."

 

Did you attempt to check in with Frankfurt about it? I called up the office in Moscow when I did DCF and they answered most of my questions over the phone. Seems like Frankfurt has a phone number and email you could try:

 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/contact-us-uscis-frankfurt-field-office

 

You wouldn't be breaking the rules or anything...last minute job offers are considered for DCF so maybe just ask if that would be a reason to expedite your case if you had already filed via the lockbox.
 

[US/EU_in_Czech 6]

2 minutes ago, millefleur said:

Did you attempt to check in with Frankfurt about it?

I didn't, only because I didn't want to be "on record" as having asked about this in case it was not a good thing to do. I can try calling.

[millefleur 5,035]

1 minute ago, US/EU_in_Czech said:

I didn't, only because I didn't want to be "on record" as having asked about this in case it was not a good thing to do. I can try calling.

Oh, hm, I really don't think they would judge you for asking about it prior. You don't even have to identify yourself over the phone, just say you're a USC and you're wondering about the job offer option even if someone has already filed via the lockbox. I sincerely do not think calling them would hurt your case at all and you don't have to provide any form of ID when calling in (at least this is how it was in Moscow). Honestly, they probably get calls about things like this all the time, especially since they are the only USCIS office for the entirety of central Europe...there's no reason to be that paranoid just for asking questions.

[geowrian 22,335]

You will need to pick a path go and with it. Generally a consulate/embassy will not accept a DCF filing if another I-130 from the same petitioner is pending.

There's no guarantee that a job offer would qualify for exceptional circumstances. It is possible, but every exceptional circumstances filing is discretionary.

 

Personally, I would file the I-130 in the US now and commit to that timeline, instead of waiting for a job offer while abroad and then hoping for a decision in your favor. Better the devil you know...

But my risk tolerance is pretty low. 🤷‍♂️

Edited February 28, 2019 by geowrian