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Ben&Alex

Preparing for DCF from New Zealand

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My partner (NZ Citizen) and I (US Citizen) have been living in New Zealand for nearly a year. Like most, we really do not want to be apart and because of a medical issue, I do not qualify for NZ residency so we need to make the move. I am currently on a partnership visa that can be renewed annually. I hold advanced degrees and currently working in my field of study in NZ. However, we would like to move to the US so that I can have US health insurance and see my doctors. I know it can be really difficult to obtain a CR1 visa via DCF. We are not married yet as we still haven't decided to do the fiance visa route or not as it may be quicker if we cannot file through DCF. I am actively applying for US jobs. Should we be married first before I get a job offer or should we wait until after I get a job offer? We set a deadline that if by February (after the holidays and less expensive flights) I do not have a job offer, then we will proceed with the longer traditional route in obtaining a CR1 visa for him. How successful is it to be approved to proceed with the DCF with a job offer? Because my medical issue is not an emergency, that is something we cannot rely on, but maybe hoping on top of a job offer, we can address this. Thanks for you help. 

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Just now, Ben&Alex said:

NZ currently accepts filing from the post so we are good on that end!

They need permission to accept the petition based on exceptional circumstances from the uscis office in Bangkok.  Once the Bangkok office closes, nobody knows who will have jurisdiction or how the process will work 


YMMV

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1 hour ago, payxibka said:

They need permission to accept the petition based on exceptional circumstances from the uscis office in Bangkok.  Once the Bangkok office closes, nobody knows who will have jurisdiction or how the process will work 

Thanks. We understand the USCIS office closure situation very well and requesting permission from the Bangkok office so that Auckland Consulate can get the authorisation to accept our paperwork.

 

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It is kind of a long shot that you would be approved under exceptional circumstances, as unfortunately not wanting to be apart during the process is not "exceptional."

 

And if you are approved, what is your plan for qualifying as a sponsor without a US job or domicile?

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30 minutes ago, Jorgedig said:

It is kind of a long shot that you would be approved under exceptional circumstances, as unfortunately not wanting to be apart during the process is not "exceptional."

 

And if you are approved, what is your plan for qualifying as a sponsor without a US job or domicile?

Of course we are not requesting DCF on the basis of not being part. That is not under the list of exceptional circumstances. However, as I mentioned above, a job offer with short notice is and that is the exceptional circumstance we are going to make our case about. 

 

We have a co-sponsor to meet the income requirements and in order to meet the DCF requirements, we would have a job offer on hand. As far as domicile, I have my US bank accounts,  tax returns for the last 3 years, US driver's license with the address we are moving to, statement I am not renewing my current lease, transferring most of my current salary to my US bank account, actively using my US bank account, letter from my oncologist saying I am required to be under his direct observation for follow up care (with years of evidence proving this),etc. We plan on getting notarized documents from my parents saying this is where we are staying as well as writing most of my valuables are still in the US. I only been in NZ for nearly a year on a partnership visa which allows me to live and work as a normal NZ citizen. We are gathering everything we can think of to prove domicile

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3 hours ago, Ben&Alex said:

We are gathering everything we can think of to prove domicile

You don't need to prove domicile in order to file.   Work on supporting your exceptional circumstances request.


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3 minutes ago, Paul & Mary said:

You don't need to prove domicile in order to file.   Work on supporting your exceptional circumstances request.

So my request for exceptional circumstances would be getting the job offer in a field where there is very little American applicants to fill (this is one of the few fields in which international applicants can get a visa for the US). I am not sure if this is something I should include? But yes, the main supporting documents would be a job offer. My references have already been contacted from my application so we are hoping to hear from something soon. Also, not sure to put this in as secondary as it is not in the list of exceptional circumstances would be my health. Its not urgent, but I do need to be within close proximity to my doctors and because of the public health risk and financial burden I may impose on the NZ public health system, I cannot stay here forever. 

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