DCF from Australia (exceptional circumstances) questions

[Jess&Haruha 4]

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. 

[Boiler 45,651]

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

 

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

[Ben&Zian 4,398]

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. 

[payxibka 10,045]

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 

[Jess&Haruha 4]

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. 

[millefleur 5,047]

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: 

 

 

[Jess&Haruha 4]

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. 

[geowrian 22,337]

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 June 9, 2019 by geowrian

[Just Paul 4,595]

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. 

[Jess&Haruha 4]

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!

[fdhs 9]

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 July 8, 2019 by fdhs

[familybasedvisa12 23]

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? 

[Jess&Haruha 4]

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.