Would my situation qualify for DCF?

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Me (US Citizen) and wife(Chinese Citizen) met while we were both students in Japan(current location) - we've been married for just under 3y and cohabitating since 2020

 

Now, I am on Business Manager status here, and they've recently made it more difficult to keep said status. 

I have have to submit my renewal application in September, which I plan to do, but there's a real chance I will be denied due to not meeting the new requirements. 

The hard-deadline for meeting the new requirements is 2028, so I plan to move back to the US before then, but may face arbitrary renewal denial before that.. 

 

If denied, I will have 1-6 months to leave the country - depending on immigration's decision.

If I am denied on short notice, would I be eligible for DCF or would I need to separate from my wife while waiting for green card application? 

 

Sorry for the confusing and multi-faceted question - the details of weather I can renew aren't clear to me or my lawyer yet

Additionally, we are also looking into temporarily moving to a third-country to prevent separation and wait-out the full application in the case of denial, but DCF is preferable. 

[Dashinka 26,706]

Possibly if you enter the status where you need to repatriate back to the US in 1-6 months.  Often DCF (consulate acceptance of the I130) is granted when the US citizen has a relatively immediate need to move back.

 

Good Luck!

[Boiler 48,932]

I would have a US job with a firm start date and include that

[DCFQuestions 0]

3 minutes ago, Boiler said:

I would have a US job with a firm start date and include that

Unfortunately, in the scenario I'm worried about it wouldn't be possible since I'm running my own business here and may be denied visa renewal on short notice due to recent changes to JP Immigration criteria.

Wouldn't have enough time to line up a job stateside, may be able to restructure what I'm doing currently under a US LLC though.