My husband is an American citizen. We got married December 2018 in Italy, he moved to Germany with me, where he got a Residence Card (Aufenthaltserlaubnis) through marriage, in January 2019. We wanted to live in Germany but things happened and we decided to move to the US. We have been filing I-130 in Frankfurt on May 20, 2019. By now, he has been a resident of Germany for the required 6 months for him to apply for me in Germany.
The 90 days have gone, we wrote the consulate and they told us our request is still pending, they are taking longer cause short of staff and we will receive an answer in max.30 days. So we expect an answer by mid September.
Meanwhile, my husband got a job offer. Yesterday, completely unexpected, I got contacted by I company I was in touch with (with no job purpose) who thought about me for a job. They really would want to give me a job and would be willing, they say, to start an expedite work visa process for me to be there within 2 months to start working. They have to put together an offer in the next 3/5 days and then I'll have a few days to accept.
Here my question: I know that it is not possible to have an EAD while applying DCF. How should one behave in this case?
The two options i thought of:.
1) withdraw the DCF petition, go throw work visa and have legal entry with that, and once there file again as AOF.
2) Write the consulate in Frankfurt, explain the situation and inquire the possibility of expediting the Marriage Based green card.
Or is there any other possibilities? I assume the company has contacts of an immigration lawyer, but I wanted to have ideas as clear as possible!
To be clear, I was not seeking job (I still have to discuss my PhD thesis in Germany and had no intention of applying for a job starting in the coming months) but the company looks very interested in me.
DCF and Job offer
in Direct Consular Filing (DCF) General Discussion
Posted
Hi!
I am an Italian citizen living in Germany.
My husband is an American citizen. We got married December 2018 in Italy, he moved to Germany with me, where he got a Residence Card (Aufenthaltserlaubnis) through marriage, in January 2019. We wanted to live in Germany but things happened and we decided to move to the US. We have been filing I-130 in Frankfurt on May 20, 2019. By now, he has been a resident of Germany for the required 6 months for him to apply for me in Germany.
The 90 days have gone, we wrote the consulate and they told us our request is still pending, they are taking longer cause short of staff and we will receive an answer in max.30 days. So we expect an answer by mid September.
Meanwhile, my husband got a job offer. Yesterday, completely unexpected, I got contacted by I company I was in touch with (with no job purpose) who thought about me for a job. They really would want to give me a job and would be willing, they say, to start an expedite work visa process for me to be there within 2 months to start working. They have to put together an offer in the next 3/5 days and then I'll have a few days to accept.
Here my question: I know that it is not possible to have an EAD while applying DCF. How should one behave in this case?
The two options i thought of:.
1) withdraw the DCF petition, go throw work visa and have legal entry with that, and once there file again as AOF.
2) Write the consulate in Frankfurt, explain the situation and inquire the possibility of expediting the Marriage Based green card.
Or is there any other possibilities? I assume the company has contacts of an immigration lawyer, but I wanted to have ideas as clear as possible!
To be clear, I was not seeking job (I still have to discuss my PhD thesis in Germany and had no intention of applying for a job starting in the coming months) but the company looks very interested in me.
Thank you very much!