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nierse

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  1. Thanks
    nierse reacted to Crazy Cat in I-864 (Non-US Income & Between Jobs)   
    ***Moved to the Direct Consular Filing forum***
  2. Thanks
    nierse reacted to Redro in I-864 (Non-US Income & Between Jobs)   
    I would send 2- 3 versions of I864. 
    First: new job with details of income that is about to start. 
    Second: new job and asset information
    third: joint sponsor I864 
    there is no point in submitting an I864 where you don’t qualify if you’re not also submitting a joint sponsor. 
    Only submit documentation that shows you are qualified. 
    Which consulate are you going through? 
  3. Thanks
    nierse reacted to pushbrk in I-864 (Non-US Income & Between Jobs)   
    If your liquid assets (as defined in the instructions for the form) are clearly well over three times the income requirement, then state them and document them.  State your "current income" as the amount on the offer letter and include the offer letter.  Your spouse should be prepared to clearly explain, if asked, that you had a job transfer but have since accepted a different offer from another employer.  Consular Officers have plenty of leeway to make a judgement call on these matters.  Some member see using assets as some kind of "complication" but there's a place for them on the form, for a reason.  Do understand though that they must be liquid and documented as held for more than just a few months.  Best to send five statements or sets of statements, ones from 12, 9, 6, 3, and 0 months ago.
  4. Thanks
    nierse reacted to Boiler in I-864 (Non-US Income & Between Jobs)   
    Agree
  5. Thanks
    nierse reacted to Crazy Cat in I-864 (Non-US Income & Between Jobs)   
    Path of least resistance might be to get a Joint Sponsor in the US. 
  6. Sad
    nierse got a reaction from OldUser in DS-260 Broken?   
    Hello - I (Petitioner) have been working on the electronic DS-260 on behalf of my wife.  I believe I have all of the information in the system, I go through the Review, but then the button for "Next: Sign and Submit" just doesn't do anything.  All of the other buttons will work.

    Last night, I was able to get past that part and we clicked to submit however it was like the site froze (the wheel kept turning and turning and turning) until we gave up. This morning, when I tried again, I came across this issue of the "Next: Sign and Submit" button not working.

    I have tried signing in as Petitioner as well as the Applicant.  I've tried Microsoft Edge (including deleting cookies), and Google Chrome (on PC and Mac). 

    Another thing I note, which I don't know if it's related:  I indicated Yes, I assisted my white in preparing this application.  Filled out my information, and indicated the relationship as SPOUSE PETITIONER.  However, now, it does not appear I can update or change this information.  It shows up in the Review stage, but there's no longer a page in the COMPLETE phase of the application which gets me back to that input.

    I'm not sure if there's an easy fix or if the website is broken in some way.  I tried calling NVC - they no longer have telephone support.  I put in a request for help in the online form....am really hoping it doesn't take 1-2 weeks to hear back from them, and then it's an extended back and forth by emails, 1 week in between responses at a time.

    Is this familiar to anyone??

    Thank you!
  7. Like
    nierse reacted to Boiler in Canceling K-1 Petition to Shift to DCF   
    I have never heard of a Consulate responding to being asked what do I need to do to make sure you will accept my DCF case. How soon does the job relocation have to be etc.
     
    How recently you married is irrelevant, especially if you have a strong relationship evidence.
     
    Prior I 130 is definitely a blocker, no mention of a prior I 129f.
     
    The basis behind DCF supposedly  is that you are in this situation, not how do I create this situation. Obviously reality is often different. 
     
     
  8. Thanks
    nierse reacted to Redro in Canceling K-1 Petition to Shift to DCF   
    It depends on the consulate. 
    I believe UK is super relaxed... a year or so ago someone started messaging the consulate to enquire about DCF. Then was rejected. Then requested DCF with a part time  job they applied for after first rejection. Managed to use husband's income (the beneficiary) as that job would continue in the US. 
    There is another couple going through DCF in London. They have just gotten married after her divorce was finally finalized. And they will be going through DCF. 
  9. Thanks
    nierse reacted to Dashinka in Canceling K-1 Petition to Shift to DCF   
    Looked it up, and the wording from the State Department is equally as vague.
     
    b. (U) Adjudicating Exceptional Circumstances Form I-130 Cases:
    (1)  (U) If a consular section encounters a case they believe meets the exceptional circumstances criteria outlined below, then the Consular Chief or another designated consular officer may exercise discretion to accept and adjudicate the filing.
    (2)  Unavailable
    (a)  Unavailable
    (b)  Unavailable
    (c)  Unavailable
    (d)  Unavailable
    (e)  Unavailable
    (3)  (U) If you decline to accept a local filing, you should inform the petitioner of the decision and direct the petitioner to the USCIS website for information on how to file the Form I-130 at a USCIS lockbox or online in accordance with the USCIS filing instructions.  The USCIS website also provides information on how to contact USCIS about expedite requests. The petitioner does not have the right to appeal, motion, or otherwise request reconsideration of a USCIS or consular officer's decision to decline acceptance of a local filing.
    (4)  (U) Exceptional Circumstances:  The following are examples of the types of exceptional circumstances where consular officers may opt to accept Form I-130 immediate relative petitions:
    (a)  (U) U.S. Military emergencies:  A U.S. service member, who is abroad but who does not fall under the blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice.  This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than would normally be expected.
    (b)  (U) Medical emergencies:  A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.
    (c)  (U) Threats to personal safety:  A petitioner or beneficiary is facing an imminent threat to personal safety.  For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.
    (d)  (U) Close to aging out:  A beneficiary is within a few months of aging out of eligibility.
    (e)  (U) Petitioner has recently naturalized:  A petitioner and family member(s) have traveled for the preference IV interview, but the petitioner has recently naturalized and the family member(s) require a new petition based on the petitioner's citizenship.
    (f)   (U) Adoption of a child:  A petitioner has adopted a child abroad and has an imminent need to depart the country.  This type of case should only be considered if the petitioner has a final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least two years.
    (g)  (U) Short notice of position relocation:  A U.S. Citizen petitioner, living and working abroad, received a job offer in or reassignment to the United States with little notice for the required start date.
    (h)  (U) Other:  The Consular Section may exercise its discretion to accept local Form I-130 filings for other emergency or exceptional circumstances of a non-routine nature, subject to the limitations set forth in 9 FAM 504.2-4(B)(1)(f) above.  However, such filings must be truly urgent and limited to situations when filing with USCIS online or domestically with an expedite request would likely not be sufficient to address the exigent nature of the situation.
     
    https://fam.state.gov/fam/09FAM/09FAM050402.html#M504_2_4_B_1_f
     
  10. Thanks
    nierse reacted to Dashinka in Canceling K-1 Petition to Shift to DCF   
    The I129F should not impact any subsequent I130/DCF since the act of getting married automatically nullifies the I129F.
     
    I agree with @D-R-J, a recent wedding would not be a big impact especially since in your case you can show a long period (4 yrs) of being together.
     
    I am not aware of a set timeframe for the relocation (there maybe something in a State Department guide), but I imagine anything less than a year could be impacted.  The USCIS wording is quite vague.
     
    Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.
    https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3
  11. Thanks
    nierse reacted to Dashinka in Canceling K-1 Petition to Shift to DCF   
    Only the consulate can decide to accept the I130, but a USC needing to repatriate to the US for work reasons tends to be a common reason for consulates to take on the I130.  Here is a good thread you may find helpful.
     
    As a side question, why wait for the marriage in the US, you can do the Utah Online Zoom wedding, and since you are both physically together, send the DCF request to the consulate as soon as you get the marriage certificate and the note from your company.
     
    Good Luck!
     
     
  12. Thanks
    nierse reacted to D-R-J in Canceling K-1 Petition to Shift to DCF   
    We did DCF and filed only two weeks after our wedding, so I don’t think it being a recent wedding would be an issue.
     
    I wonder if the embassy would confirm if they’d accept your petition before actually getting married…
     
    We were lucky that they still had USCIS offices abroad when we did ours, and didn’t need to worry about exceptional circumstances.
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