DCF with EC before 6 months

[Vudimome 0]

Hello! I am a USC, my wife and I came to Dubai back in February to search for employment. We were living off of savings for about 1.5-2 months until I got my current job in April and I applied for my wife to get a spouse visa so that we could stay together whilst she continues job hunting. We have been here for about 3 months now and I just recently got a great job offer back in the states with a nice salary that would start in August. The only problem is that if I take this job my wife would lose her visa here and would have to go back to her home country so after doing a bit of research I found out about direct consular filing under exceptional circumstances as a way to bring her back to the states with me since I have a job offer with a short notice. However, I learned that at least 6 months of residency is a requirement for the consulate to accept an application for DCF. Is 3 months considered “short notice”? Also, since my wife and I were in Dubai for a few months prior to us getting residency and my job doesn’t start for another 3 months I would technically have over 6 months of residency before having to leave the country would that be acceptable? Do we qualify for DCF? 
thanks!

[Redro 4,600]

8 minutes ago, Vudimome said:

Hello! I am a USC, my wife and I came to Dubai back in February to search for employment. We were living off of savings for about 1.5-2 months until I got my current job in April and I applied for my wife to get a spouse visa so that we could stay together whilst she continues job hunting. We have been here for about 3 months now and I just recently got a great job offer back in the states with a nice salary that would start in August. The only problem is that if I take this job my wife would lose her visa here and would have to go back to her home country so after doing a bit of research I found out about direct consular filing under exceptional circumstances as a way to bring her back to the states with me since I have a job offer with a short notice. However, I learned that at least 6 months of residency is a requirement for the consulate to accept an application for DCF. Is 3 months considered “short notice”? Also, since my wife and I were in Dubai for a few months prior to us getting residency and my job doesn’t start for another 3 months I would technically have over 6 months of residency before having to leave the country would that be acceptable? Do we qualify for DCF? 
thanks!

The spouse visa you applied for... is that for Dubai or the US? Have you sent in the I-130 yet or did you just decide to live together in Dubai together for a few months/years...? Where were you living before you moved to Dubai? 

[Boiler 43,438]

Assuming you have not filed an I 130 you can ask.

[Redro 4,600]

2 hours ago, Vudimome said:

Hello! I am a USC, my wife and I came to Dubai back in February to search for employment. We were living off of savings for about 1.5-2 months until I got my current job in April and I applied for my wife to get a spouse visa so that we could stay together whilst she continues job hunting. We have been here for about 3 months now and I just recently got a great job offer back in the states with a nice salary that would start in August. The only problem is that if I take this job my wife would lose her visa here and would have to go back to her home country so after doing a bit of research I found out about direct consular filing under exceptional circumstances as a way to bring her back to the states with me since I have a job offer with a short notice. However, I learned that at least 6 months of residency is a requirement for the consulate to accept an application for DCF. Is 3 months considered “short notice”? Also, since my wife and I were in Dubai for a few months prior to us getting residency and my job doesn’t start for another 3 months I would technically have over 6 months of residency before having to leave the country would that be acceptable? Do we qualify for DCF? 
thanks!

One more question… if DCF is accepted will you wife be able to remain in Dubai if you have to move back to the US before she receives her immigrant visa? 

[Vudimome 0]

8 hours ago, Redro said:

The spouse visa you applied for... is that for Dubai or the US? Have you sent in the I-130 yet or did you just decide to live together in Dubai together for a few months/years...? Where were you living before you moved to Dubai? 

The spouse visa is for Dubai and no we have not sent the I130 yet we where planning on living here permanently or at least for a long time. We were long distance before moving to Dubai we met when I studied abroad. 

[Vudimome 0]

6 hours ago, Redro said:

One more question… if DCF is accepted will you wife be able to remain in Dubai if you have to move back to the US before she receives her immigrant visa? 

That’s what I’m wondering as well, assuming I take the job in the states I would have to leave my current job and evidently lose my work visa which would in turn revoke my wife’s as well (or at least that’s what I think would happen)

[Vudimome 0]

6 hours ago, Boiler said:

Assuming you have not filed an I 130 you can ask.

Who should I ask? The consulate in Dubai or embassy in Abu Dhabi? Or someone else? Sorry I’m just a bit confused as the whole visa/immigration process seems so convoluted. Thank you

[Redro 4,600]

50 minutes ago, Vudimome said:

The spouse visa is for Dubai and no we have not sent the I130 yet we where planning on living here permanently or at least for a long time. We were long distance before moving to Dubai we met when I studied abroad. 

So, your wife just needs to get an original

background check from her country before you apply… 

48 minutes ago, Vudimome said:

That’s what I’m wondering as well, assuming I take the job in the states I would have to leave my current job and evidently lose my work visa which would in turn revoke my wife’s as well (or at least that’s what I think would happen)

Sometimes the USC has to return to US and leave the DCF country before the process is complete… DCF is quicker but it isn’t always quick. It can take 3-6 months sometimes before the visa is issued. The embassy won’t control this factor, it is something you need to figure out between you and your wife and Dubai… 

46 minutes ago, Vudimome said:

Who should I ask? The consulate in Dubai or embassy in Abu Dhabi? Or someone else? Sorry I’m just a bit confused as the whole visa/immigration process seems so convoluted. Thank you

Contact the embassy responsible for processing immigrant visa for residents of Dubai 

Edited May 21, 2023 by Redro

[Vudimome 0]

@RedroThank you for the reply I understand she needs her background check and that DCF can still take some time to go through. My main concern for now is that because we haven’t been living here for 6 months or longer do we qualify for DCF? I remember reading that rule on the official USDOS website but now I can’t remember where to find it and only seem to find some third party sites mentioning it. Did they remove that as a prerequisite?

[Redro 4,600]

1 hour ago, Vudimome said:

@RedroThank you for the reply I understand she needs her background check and that DCF can still take some time to go through. My main concern for now is that because we haven’t been living here for 6 months or longer do we qualify for DCF? I remember reading that rule on the official USDOS website but now I can’t remember where to find it and only seem to find some third party sites mentioning it. Did they remove that as a prerequisite?

6 month rule was for DCF when consulates still had USCIS offices. It wasn’t removed it was never a factor for Exceptional Circumstances. They may factor in your residency but they do not have to… apply now for your wife. 

Edited May 21, 2023 by Redro

[Vudimome 0]

Is there an official application or template I need to follow when asking the consulate for direct consular filing? Or do I just send a regular email to them ?

[Boiler 43,438]

You just contact them

[Vudimome 0]

Are there any lawyers or agents who deal with these kind of cases?

[Boiler 43,438]

Immigration Lawyers would