So confused on what to do now...

[Marieke H 2,314]

1 hour ago, HamWelder said:

Living in the netherlands and she's from nicaragua

This would have been so helpful to include in your initial post... The consulate in the Netherlands generally does not accept DCF requests, so contact Frankfurt. Make sure to very clearly explain the situation: you have to relocate for your job (include documentation), your spouse cannot go back to her home country (explain why: no ties, does not speak the language, unsafe), and it sounds like she will not have legal status in the Netherlands after you leave (on what kind of visa is she currently there?). I think this is a classic example of why DCF exists in the first place, and if presented well I think there is a good chance of getting approval. Feel free to share here what you intend to include in your request, so we can help you to increase your chance of success. Good luck!

[HamWelder 1]

12 minutes ago, Marieke H said:

This would have been so helpful to include in your initial post... The consulate in the Netherlands generally does not accept DCF requests, so contact Frankfurt. Make sure to very clearly explain the situation: you have to relocate for your job (include documentation), your spouse cannot go back to her home country (explain why: no ties, does not speak the language, unsafe), and it sounds like she will not have legal status in the Netherlands after you leave (on what kind of visa is she currently there?). I think this is a classic example of why DCF exists in the first place, and if presented well I think there is a good chance of getting approval. Feel free to share here what you intend to include in your request, so we can help you to increase your chance of success. Good luck!

I didn't know DCF was possible to apply for other consulates, this is what I was looking for! Thank you! I'll try Frankfurt...do you think London would help too? Do you also think I should explain that Netherlands said they can't handle DCF cases? @Dashinka @Marieke H
@manyfudge Have you been successful with Frankfurt?
 

1 hour ago, CFS said:

 

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). 

Then it makes no point to move and I have to stay in one place, but we don't have a place to go 🙃

Edited September 19, 2023 by HamWelder

[Marieke H 2,314]

51 minutes ago, HamWelder said:

I didn't know DCF was possible to apply for other consulates, this is what I was looking for! Thank you! I'll try Frankfurt...do you think London would help too? Do you also think I should explain that Netherlands said they can't handle DCF cases? @Dashinka @Marieke H
@manyfudge Have you been successful with Frankfurt?

I know I have seen something a while ago about Frankfurt specifically handling DCF requests from people residing in the Netherlands, but I can't seem to find it right now. I think it won't hurt to include in your request that the Consulate in the Netherlands is unable to process DCF requests. I will search some more and see what I can find.

[manyfudge 267]

52 minutes ago, HamWelder said:

Have you been successful with Frankfurt

I don’t have such complicated issues and I am not an immigration lawyer.  My knowledge is culled from deep reading of manuals and a good working memory of all the forums I read.

[Marieke H 2,314]

Apparently the page for Frankfurt does not specify that they handle DCF requests from people living in the Netherlands, so I would include in your request that the consulate in the Netherlands is unable to process these requests.

There's a bit more information here:

https://www.ustraveldocs.com/de/de-iv-visaapplyinfo.asp

 

[Chancy 6,233]

2 hours ago, HamWelder said:

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?

 

If your wife is a Nicaraguan passport holder, then yes, she may benefit from the CHNV program.  She cannot apply herself.  You (the sponsor) will need to file I-134A for her.  If she is granted the single-entry travel authorization, she may travel to the US with that document, be paroled in, then apply to adjust status in the US based on marriage to you, a US citizen.

 

There's no guaranteed timeframe for I-134A processing due to high demand.  It's partially via lottery system now.  From the USCIS page you linked above -- "Due to high interest in these processes, we are updating the review process effective May 17, 2023. Under the new review process, we will randomly select about half of the monthly total of Forms I-134A, Online Request to be a Supporter and Declaration of Financial Support, regardless of filing date, from the entire pending workload to review. We will review the other half of the monthly total of Forms I-134A based on when the case was submitted under the first-in, first-out method, which prioritizes the oldest Forms I-134A for review."

 

[Mike E 11,723]

3 hours ago, HamWelder said:

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+)

Have you looked into countries that sell residency permits or even citizenships?

 

For example the 5 year Thai Elite residency permit.

[pushbrk 12,119]

4 hours ago, Marieke H said:

This would have been so helpful to include in your initial post... The consulate in the Netherlands generally does not accept DCF requests, so contact Frankfurt. Make sure to very clearly explain the situation: you have to relocate for your job (include documentation), your spouse cannot go back to her home country (explain why: no ties, does not speak the language, unsafe), and it sounds like she will not have legal status in the Netherlands after you leave (on what kind of visa is she currently there?). I think this is a classic example of why DCF exists in the first place, and if presented well I think there is a good chance of getting approval. Feel free to share here what you intend to include in your request, so we can help you to increase your chance of success. Good luck!

That's my advice too.  Make the request to Frankfort.

[African Zealot 1,452]

I get the distinct feeling you already know what you’re going to do based off your shooting down every suggestion you’ve been given.

 

Just remember some problems don’t have easy solutions or solutions that we like. With that said, I don’t have any suggestions.

 

Good luck whichever way you choose to proceed.

 

I’m out 

[HamWelder 1]

4 hours ago, Mike E said:

Have you looked into countries that sell residency permits or even citizenships?

 

For example the 5 year Thai Elite residency permit.

I have, I don't have more than 50k stored and then some to move again to the US. They aren't cheap 😅

[Mike E 11,723]

1 minute ago, HamWelder said:

I have, I don't have more than 50k stored and then some to move again to the US. They aren't cheap 😅

Isn’t the Thai Elite visa 600k THB (about $17K) all in?

 

It is hard to believe any expedited solutions for the U.S. are going to be cheaper. 
 

She could park in Thailand long enough to wait out her IR-1 visa interview.

[SalishSea 16,776]

13 hours 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)

This is 100% immigration fraud.  It could badly impact whatever US immigration future she's seeking.  Do not do that.  US immigration takes time and proper planning, and a lack of adequate planning does not justify committing fraud.

[SalishSea 16,776]

9 hours ago, Ontarkie said:

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

Except that they are not living there.

[MarmiteC 67]

13 hours ago, HamWelder said:

do you think London would help too?

As I understand it you would need to have resident status in the UK to apply for DCF at London.  If you're in the Netherlands and have EU status I assume this would no longer apply to UK since Brexit?

[HamWelder 1]

4 hours ago, MarmiteC said:

As I understand it you would need to have resident status in the UK to apply for DCF at London.  If you're in the Netherlands and have EU status I assume this would no longer apply to UK since Brexit?

We're just residents of the Netherlands not citizens, we don't have full EU status either.

 

 

10 hours ago, SalishSea said:

This is 100% immigration fraud.  It could badly impact whatever US immigration future she's seeking.  Do not do that.  US immigration takes time and proper planning, and a lack of adequate planning does not justify committing fraud.

I know US immigration takes time (I state that it's 1-2 years for an I-130) so this is a bit insensitive considering you probably didn't read that this is an immediate situation, I didn't plan this 6 months/1 year/or 2 years ago...

 

11 hours ago, Mike E said:

Isn’t the Thai Elite visa 600k THB (about $17K) all in?

 

It is hard to believe any expedited solutions for the U.S. are going to be cheaper. 
 

She could park in Thailand long enough to wait out her IR-1 visa interview.

I looked into this and it's about 20k per person, plus immigration fees?, and you have relocation costs like buying new furniture which is also a pretty penny. Would've been great if I had 50k stored, but alas, I'll still look further into this, thank you!!!