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Jess&Haruha

DCF from Australia (exceptional circumstances) questions

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Thank you everyone who posts here, it's hugely helpful. 

 

Soon I will apply for a green card for my wife (she is a Japanese citizen; I am a USC) in Australia where we both live. I will be finishing graduate school in 5 months and I am being recommended for a state government job in the US that is hiring. If I get it, I should receive a notice in a couple months and we would like to move to the US together after. I am hoping this (~3 months out) would qualify as 'offer of a new job in the United States with very little notice' under emergency situations for a DCF

 

I am wondering- how I should describe the job offer with very little notice in my I-130 I'll give to the consulate in Australia?

Also, for a DCF, do I not submit an I-130A along with the I-130?

 

Thank you all in advance for any insight you may have. We appreciate it very much. 

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Filed: K-1 Visa Country: Wales
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I thought you needed to show a job not an offer?

 

You would submit the documentation showing acceptance , start date etc.


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Filed: AOS (apr) Country: Philippines
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First check Australia will still have the DCF option available as they have been removing/closing USCIS field offices in various places. Second, even a job offer, even on short notice, does not necessarily meet "exceptional circumstances". Another member recently was turned down for it on those grounds. 


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

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Filed: AOS (apr) Country: Philippines
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6 minutes ago, Ben&Zian said:

First check Australia will still have the DCF option available as they have been removing/closing USCIS field offices in various places. Second, even a job offer, even on short notice, does not necessarily meet "exceptional circumstances". Another member recently was turned down for it on those grounds. 

it has been reported that the exceptional circumstances option is not going away 


YMMV

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6 minutes ago, Ben&Zian said:

First check Australia will still have the DCF option available as they have been removing/closing USCIS field offices in various places. Second, even a job offer, even on short notice, does not necessarily meet "exceptional circumstances". Another member recently was turned down for it on those grounds. 

Thank you for the reply. I am meeting with the US consulate in Sydney, Australia soon to enquire. Consolates in Australia forward any DCF requests to the Bangkok USCIS office. 

 

Do you have a link to the member that was turned down recently? I would like to look into that. 

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Filed: Citizen (pnd) Country: Russia
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6 hours ago, payxibka said:

it has been reported that the exceptional circumstances option is not going away 

That makes sense. I imagine for some true emergencies that they need to keep it.

 

6 hours ago, Jess&Haruha said:

Thank you for the reply. I am meeting with the US consulate in Sydney, Australia soon to enquire. Consolates in Australia forward any DCF requests to the Bangkok USCIS office. 

 

Do you have a link to the member that was turned down recently? I would like to look into that. 

Here is a very recent thread of someone who was denied DCF for exceptional circumstances: 

 

 


03639.png     

 🇷🇺  CR-1 via DCF in Moscow* (Dec 2016-Jun 2017) 🇺🇸 Info about my DCF experience here and here

Spoiler

26-Jul-2016: Married abroad in Russia (USC + Russian husband) 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sep-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (Apr 2019-Oct 2019) 📝 Filed via mail, processed by MSC & passed interview

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Mar 2020-????) 🛂 Online filers note: Use INTERNET EXPLORER! Other browsers may not work!

Spoiler

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Application transferred to another USCIS field office for review*

??-???-????: TBA... 

 

*NOTE: Moved to another state in May.

 

 

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On 6/5/2019 at 11:18 PM, Boiler said:

I thought you needed to show a job not an offer?

 

You would submit the documentation showing acceptance , start date etc.

USCIS website says "an offer of a new job in the United States with very little notice."

 

So I assume only an offer is needed, not a formal acceptance. But, the offer would need to have the salary, start date, persons name, etc. for the USCIS officer to understand the scope of the job. 

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Filed: AOS (apr) Country: Philippines
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56 minutes ago, Jess&Haruha said:

USCIS website says "an offer of a new job in the United States with very little notice."

 

So I assume only an offer is needed, not a formal acceptance. But, the offer would need to have the salary, start date, persons name, etc. for the USCIS officer to understand the scope of the job. 

Edit: The full line is:

Quote

Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.

So it may qualify.

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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: 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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19 hours ago, Jess&Haruha said:

an offer of a new job in the United States with very little notice.

The offer should be contingent upon returning to the US is a quick timeline, usually 90 to 120 days or shorter.  It needs to include the location, responsibilities, salary etc.  It should be signed by the human resources person or an officer of the company. 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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I'm bringing this up again because I've received a conditional job offer for a civil servant job with a state government (I'm still waiting for the formal offer from the HR department). 

 

They want me to begin in 3 months. So I'm going to try for a DCF with the US consulate in Australia. We're quite worried about or prospects if this fails- our visas in Australia will end soon, so we will have no jobs and nowhere to go. My wife is also pregnant with our first child, so living somewhere (who knows where) and paying for healthcare sounds like a financial nightmare. Conversely, this job I'm being offered pays very well and it's permanent in the gov't. The highs are high and the lows are low.

 

For anyone that has submitted a DCF with exceptional circumstances, who should I contact to get the ball rolling? Should I first email the US consulate in Sydney (where we live) explaining my situation?

 

Thank you all so much!

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As you probably have seen, on the site for exceptional DCF they give a pretty good explanation of the process (they include the email addresses at the bottom of the page, so I guess that is what you do first). I sent a short email to the embassy explaining that I would like to do exceptional circumstances DCF due to short time for job relocation. They then asked me to post them the listed items to the embassy.

 

They list 

Quote
  • Provide a detailed explanation of why their case merits an exception and include any paperwork in support of this.

as one of the things to include when applying for DCF, so it would be good to get some sort of letter from the employer with the details of the position. 

 

It's hard to know whether they will approve or not. There are probably a few different factors involved, including what type of job it is. They also want a completed copy of the I-130 to look at before they decide whether to actually accept and process it, so I suspect that the ease of approving the I-130 also plays a role.

 

It's also good to start thinking about the I-864 (Affidavit of support). There's a high probability that you won't be able to use your current or future income for it, so either having assets or joint sponsors ready is probably a good idea!

 

I found this post/thread very useful 

 

https://www.visajourney.com/forums/topic/662470-visa-interview-update-dcf-with-exceptional-circumstances-stockholm/?tab=comments#comment-9065201

 

Good luck!

Edited by fdhs

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On 6/5/2019 at 1:43 PM, Jess&Haruha said:

Thank you everyone who posts here, it's hugely helpful. 

 

Soon I will apply for a green card for my wife (she is a Japanese citizen; I am a USC) in Australia where we both live. I will be finishing graduate school in 5 months and I am being recommended for a state government job in the US that is hiring. If I get it, I should receive a notice in a couple months and we would like to move to the US together after. I am hoping this (~3 months out) would qualify as 'offer of a new job in the United States with very little notice' under emergency situations for a DCF

 

I am wondering- how I should describe the job offer with very little notice in my I-130 I'll give to the consulate in Australia?

Also, for a DCF, do I not submit an I-130A along with the I-130?

 

Thank you all in advance for any insight you may have. We appreciate it very much. 

 

Hi there, I'm wondering if you may be able to update how things ended up for you? Were you successful in filing for DCF under exceptional circumstances? 

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On 2/14/2020 at 7:17 AM, familybasedvisa12 said:

 

Hi there, I'm wondering if you may be able to update how things ended up for you? Were you successful in filing for DCF under exceptional circumstances? 

Yes I was successful. You can read about our experience in my profile. 

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