So confused on what to do now...

[beloved_dingo 1,932]

I would get the I-130 filed ASAP regardless, because at least that would start the clock and not waste additional time. Then, it may be possible to expedite it due to your job situation. If you can stay where you are until February, that gets you ~5 months into the process and time to figure out other options. She may not need "1-2 years" in a 3rd country if an expedite works out and you're already 5 months into the wait. 

 

Coming here on a B2 with intent to adjust is a non-starter, not only because it isn't legal to do so, but also because there is likely extensive evidence that you have that intent (keep in mind CBP can check your devices if they suspect anything). 

[Jason and May 69]

5 minutes ago, beloved_dingo said:

I would get the I-130 filed ASAP regardless, because at least that would start the clock and not waste additional time. Then, it may be possible to expedite it due to your job situation. If you can stay where you are until February, that gets you ~5 months into the process and time to figure out other options. She may not need "1-2 years" in a 3rd country if an expedite works out and you're already 5 months into the wait. 

 

Coming here on a B2 with intent to adjust is a non-starter, not only because it isn't legal to do so, but also because there is likely extensive evidence that you have that intent (keep in mind CBP can check your devices if they suspect anything). 

Exactly. I foresee them being separated at either the port of departure or port of entry and being interviewed separately, followed by the sad reality of his wife being detained and put on a flight back to her home country. That's a really bad choice to make, but the choice is indeed theirs. 

I wouldn't want to be separated from my wife either, especially if conditions are as he indicates. 

Tough situation.

[Amunah 61]

You also mentioned in your original post that her parents are old and ill and nobody from the family is really there for them, and that was a primary reason for you applying for the US job location in the first place, do I have this correct. So you need to come and take care of that too, because those are your wife wishes. Did you also try to explain that to the local embassy, her parents situation so they push the DCP, because that was the reason for the US job? And the home country situation? 

[Amunah 61]

Also, how did she obtain a b2 visa if the home country authorities are seizing passports? 

[HamWelder 1]

2 hours ago, pushbrk said:

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.

Living in the netherlands and she's from nicaragua

[HamWelder 1]

31 minutes ago, Amunah said:

You also mentioned in your original post that her parents are old and ill and nobody from the family is really there for them, and that was a primary reason for you applying for the US job location in the first place, do I have this correct. So you need to come and take care of that too, because those are your wife wishes. Did you also try to explain that to the local embassy, her parents situation so they push the DCP, because that was the reason for the US job? And the home country situation? 

I explained the whole shortage of time situation with my job relocation in the email, yes. It wasn't more than 2 paragraphs as that's at max how long a DCF request should be.

 

20 minutes ago, Amunah said:

Also, how did she obtain a b2 visa if the home country authorities are seizing passports? 

I don't understand what you mean, she doesn't live in her home country.

[HamWelder 1]

55 minutes ago, beloved_dingo said:

I would get the I-130 filed ASAP regardless, because at least that would start the clock and not waste additional time. Then, it may be possible to expedite it due to your job situation. If you can stay where you are until February, that gets you ~5 months into the process and time to figure out other options. She may not need "1-2 years" in a 3rd country if an expedite works out and you're already 5 months into the wait. 

 

Coming here on a B2 with intent to adjust is a non-starter, not only because it isn't legal to do so, but also because there is likely extensive evidence that you have that intent (keep in mind CBP can check your devices if they suspect anything). 

Okay, then, if I file and preparing for the worst...what do I do when it's January 15th and my residency and essentially my job is being on the line?

[BLC 112]

3 hours ago, HamWelder said:

Elsewhere...where...that's the thing I want to know too.

There are 195 countries. Do some research and find one that works temporarily for you. Some places easier than others, some you won’t need a visa (depending on your wife’s passport).  Maybe you can find a job in the US where you can work remotely abroad. I think South Korea only requires a bachelors and speaking English to work as an English teacher. Or maybe you find another country and have to move around a couple times to neighboring ones. Find odd jobs. I am sure you’ll find options if you spend the time to do some research on it. And file your 130 asap—every day you delay, delays the process. 
 

This may not be your intent, but it is coming across (to me, anyway) more like you are just looking for validation here to bring your wife to the US to circumvent the process. 

[Ontarkie 13,917]

First I want to say this probably will not work, but you can always try. 

 

Try asking to do DCF in her home country, it would keep the amount of time in her home country down by a lot. 

 

 

Does she already have a B visa? You said she had TPS when she left the US. I don't know if that is going to be another set of hurdles. 

[HamWelder 1]

4 minutes ago, BLC said:

There are 195 countries. Do some research and find one that works temporarily for you. Some places easier than others, some you won’t need a visa (depending on your wife’s passport).  Maybe you can find a job in the US where you can work remotely abroad. I think South Korea only requires a bachelors and speaking English to work as an English teacher. Or maybe you find another country and have to move around a couple times to neighboring ones. Find odd jobs. I am sure you’ll find options if you spend the time to do some research on it. And file your 130 asap—every day you delay, delays the process. 
 

This may not be your intent, but it is coming across (to me, anyway) more like you are just looking for validation here to bring your wife to the US to circumvent the process. 

There's places that my wife can travel and visit no doubt, but as you know it's harder to find a place to 'stay' and 'reside' as for the I130 embassies around the world require a valid residence permits (6 months+), background checks of where you've resided. 

 

6 minutes ago, Ontarkie said:

First I want to say this probably will not work, but you can always try. 

 

Try asking to do DCF in her home country, it would keep the amount of time in her home country down by a lot. 

 

 

Does she already have a B visa? You said she had TPS when she left the US. I don't know if that is going to be another set of hurdles. 

How can I request DCF in her home country when she has no address or time there? I haven't thought of this, but I'll try this for sure.

She's has a valid B visa and has traveled in/out of the states several times, TPS is abandoned once she left the US

[HamWelder 1]

I just browsed around the USCIS website and found this - https://www.uscis.gov/CHNV

I assume my wife can apply for this as it counts for her? If approved and allowed to enter with this document she can adjust status in the US?

I can't find anything on processing times though?

[CFS 14]

18 minutes ago, HamWelder said:

There's places that my wife can travel and visit no doubt, but as you know it's harder to find a place to 'stay' and 'reside' as for the I130 embassies around the world require a valid residence permits (6 months+), background checks of where you've resided. 

 

How can I request DCF in her home country when she has no address or time there? I haven't thought of this, but I'll try this for sure.

She's has a valid B visa and has traveled in/out of the states several times, TPS is abandoned once she left the US

 

Keep in mind that traveling too much can be a trigger for a DS-5535 process (especially if the travel happens after your DS-260 is approved), which can considerably delay your application at the last minute. If you don't know what a DS-5535 is, then I'd suggest doing research on it. This is very likely why a DS-5535 was triggered for us (because we traveled to at least 5 countries on vacation after the DS-260 had been approved). 

Edited September 19, 2023 by CFS

[manyfudge 267]

7 hours ago, HamWelder said:

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

I would then apply to the other European consulates.

 

 

[manyfudge 267]

23 minutes ago, HamWelder said:

assume my wife can apply for this as it counts for her? If approved and allowed t

It is almost a lottery and will almost certainly take longer than i-130.

 

Why not look for a job elsewhere in Europe? Or anywhere else, in fact?

 

 

[Dashinka 23,250]

3 minutes ago, manyfudge said:

I would then apply to the other European consulates.

 

 

I agree with this as well.  Try a different US consulate in Europe.

 

Here is another helpful DCF process thread.