So confused on what to do now...

[HamWelder 1]

After years of being out of the states my wife now desperately wants to be in the states, her parents are ill and the rest of the family isn't helping in whole. I'm a citizen that was able to get my job to relocate me back to the US on short notice. Because of this I applied for DCF for my non-us spouse in a European country (She is also not from any European country either). The embassy denied our request as they said they're too busy to be handling DCF requests.
 

Now, our residency for this European country is coming up in February, and because of the hopeful job move they're not renewing my contract here which means I have to go. The problem is there isn't realistically enough time for my wifes I-130 to come through while living here, and her home country is extremely dangerous and she doesn't have any family there.
 

I'm not gonna leave my wife behind for 1 to 2 years alone in a country where she isn't from and I won't be leaving my wife to a country where she's never lived, extremely dangerous and doesn't have family. She has her B1/2 visa and we have traveled with it with no issues whatsoever, I've tried contacting my senator but they didn't wanna help with the situation.

[Dashinka 23,251]

When did you submit the I130 to USCIS?  What are her other options?  Does she have residency in the European country where you are currently living?  What are your options?  Is it possible to delay the job move?

[Mike E 11,723]

55 minutes ago, HamWelder said:

After years of being out of the states my wife now desperately wants to be in the states,

What was her status when she was living in the U.S.?

[HamWelder 1]

1 hour ago, Dashinka said:

When did you submit the I130 to USCIS?  What are her other options?  Does she have residency in the European country where you are currently living?  What are your options?  Is it possible to delay the job move?

We never filed a I130 since we were hoping for DCF to come through. 

 

There genuinely is no other option, I've tried looking at other countries too.

 

The residency is tied to me, the minute my work finishes here (February) her residency is automatically cut and so is mine.

 

It's not possible to delay my job move, it was supposed to be done and settled as they thought DCF would come through as well. They can't push it anymore.

 

The only options I can think of is her coming to the states on visitor and settling (trust me I know it's not a good thing to do, but what other humanly choice is there). I have proof emails that I've sent to the embassy and the senators response of the embassy saying they're "too busy" to handle any DCF case, maybe there's something to be had considering this?

 

@Mike E She was under TPS and had always had status from 2 months being in the states until she left years ago.

[Dashinka 23,251]

Kind of a tough situation.  No one here can recommend what you are suggesting as that is fraud.  Have you looked at a third country where she can stay until an I130 is processed?

[appleblossom 1,309]

6 minutes ago, HamWelder said:

The only options I can think of is her coming to the states on visitor and settling (trust me I know it's not a good thing to do, but what other humanly choice is there).

 

'Not a good thing to do' is a bit of an understatement! It's immigration fraud and could result in her being banned from the US.

 

As above, can she not wait elsewhere, where is she from, is Canada an option?

 

 

[HamWelder 1]

14 minutes ago, appleblossom said:

 

'Not a good thing to do' is a bit of an understatement! It's immigration fraud and could result in her being banned from the US.

 

As above, can she not wait elsewhere, where is she from, is Canada an option?

 

 

 

Elsewhere...where...that's the thing I want to know too. You say Canada is offering stays for over 1-2 years? Where\s this information cause I'd love to know then...

Her nationality is from a country that takes their citizens passports, it's not safe, she doesn't know the country, she's never been back, she doesn't have anyone there...hell...she doesn't even speak the language fluently. 

 

18 minutes ago, Dashinka said:

Kind of a tough situation.  No one here can recommend what you are suggesting as that is fraud.  Have you looked at a third country where she can stay until an I130 is processed?

There is no 3rd country that's possible for either of us to stay in for a suggested 1 or even 2 years while the I130 is being processed. I've tried looking...the max she can stay in most places is 90 days and even then you can only file the I130 in a country of residence, 6 month stay is not a residence. This is a 0.01% chance case, I know, but I doubt the embassy would re-consider DCF for us again under "humanitarian grounds" considering they don't care enough already.

[appleblossom 1,309]

1 minute ago, HamWelder said:

 

Elsewhere...where...that's the thing I want to know too. You say Canada is offering stays for over 1-2 years? Where\s this information cause I'd love to know then...

 

None of us can know where may suit as we don't know what she does for a living, what skills she has, how old she is, etc. Plenty of countries have options that may work i.e. remote working visas (Dubai, Barbados etc), working holiday visas if she's young enough and from a country that qualifies (Canada, Oz, NZ, UK, etc), or study permits if she has the funds to study abroad. Or other countries have much longer stays for visitors (Canada, Malaysia, etc) than 3 months.

 

Personally I'd exhaust every option of a third country rather than risk her being banned from the US, as that would make things even harder for you both. 

[HamWelder 1]

2 minutes ago, appleblossom said:

 

None of us can know where may suit as we don't know what she does for a living, what skills she has, how old she is, etc. Plenty of countries have options that may work i.e. remote working visas (Dubai, Barbados etc), working holiday visas if she's young enough and from a country that qualifies (Canada, Oz, NZ, UK, etc), or study permits if she has the funds to study abroad. Or other countries have much longer stays for visitors (Canada, Malaysia, etc) than 3 months.

 

Personally I'd exhaust every option of a third country rather than risk her being banned from the US, as that would make things even harder for you both. 

 

Her nationality doesn't offer any working holiday visas, study is out of the question (she's long done with education), work and study in another country isn't exactly possible either as the school year started already and finding work in another country isn't exactly a cake walk in the park when you're from a "undesirable" country.
Barbados and Dubai "nomad" visa is 12 months...not enough time to process an I130. She doesn't have a Canadian visitor visa...even then max stay is 6 months...not enough time to process an I130. Every option is exhausted. I'm at a loss so is she, this whole situation isn't great.

[appleblossom 1,309]

8 minutes ago, HamWelder said:

 

Her nationality doesn't offer any working holiday visas, study is out of the question (she's long done with education), work and study in another country isn't exactly possible either as the school year started already and finding work in another country isn't exactly a cake walk in the park when you're from a "undesirable" country.
Barbados and Dubai "nomad" visa is 12 months...not enough time to process an I130. She doesn't have a Canadian visitor visa...even then max stay is 6 months...not enough time to process an I130. Every option is exhausted. I'm at a loss so is she, this whole situation isn't great.

 

Visas can usually be extended, even if they're for an initial 6 or 12 months. The digital nomad visas are renewable, usually indefinitely so I'd look further in to them if she qualifies.

 

Most countries have January or April intakes for students as well, not just September/October. I understand she may be 'long done with education', but surely it's an option worth looking at if you're saying her life is in danger if she has to go back to her home country?

 

Once you've applied for the I-130, you could also ask for an expedite, so that may help things.

Edited September 19, 2023 by appleblossom

[HamWelder 1]

10 minutes ago, appleblossom said:

 

Visas can usually be extended, even if they're for an initial 6 or 12 months. The digital nomad visas are renewable, usually indefinitely so I'd look further in to them if she qualifies.

 

Most countries have January or April intakes for students as well, not just September/October. I understand she may be 'long done with education', but surely it's an option worth looking at if you're saying her life is in danger if she has to go back to her home country?

 

Once you've applied for the I-130, you could also ask for an expedite, so that may help things.

 

Right because the US extends tourist visas too more than 10% of the time 

 

As I said as well earlier, I have a job that's not willing to do more than they already have. I go any route of what you're suggesting, I need a job to prove I can live there, a job which I won't have, and the income of my wife will not cover Dubai living or the 50k Barbados is asking. I wish I was Mr. Moneybags to be spending all this money. She has a masters already, anymore education requires money saved and sadly the EU doesn't pay enough money to save. None of this is realistic.

 

You say file the I130 what happens on the final week of our residency and still no news, which is very likely...what then?

[appleblossom 1,309]

11 minutes ago, HamWelder said:

 

Right because the US extends tourist visas too more than 10% of the time 

 

As I said as well earlier, I have a job that's not willing to do more than they already have. I go any route of what you're suggesting, I need a job to prove I can live there, a job which I won't have, and the income of my wife will not cover Dubai living or the 50k Barbados is asking. I wish I was Mr. Moneybags to be spending all this money. She has a masters already, anymore education requires money saved and sadly the EU doesn't pay enough money to save. None of this is realistic.

 

You say file the I130 what happens on the final week of our residency and still no news, which is very likely...what then?

 

The US may not extend tourist visas, but I know other countries do. My mother spent 4 years on Canadian visitor status, extending online every 6 months whilst her PR app was processed.

 

Perhaps it's just the usual problem of tone not being portrayed well in the typed word, but your responses are coming across as aggressive and rude to somebody that was simply trying to help. I wish you luck but I think I'm done here. 

Edited September 19, 2023 by appleblossom

[Mike E 11,723]

7 minutes ago, HamWelder said:

You say file the I130

Seems like you are wasting precious days by not filing I-130.

 

 

[pushbrk 12,117]

30 minutes ago, Mike E said:

Seems like you are wasting precious days by not filing I-130.

 

 

Yes, and handcuffing the members here trying to help, by concealing your current country of residence and her country of citizenship, both of which are HIGLY RELEVENT.

[Amunah 61]

It’s probably one of the Balkan countries, but why just not come clean, dude? People here are really willing to help.