possible loophole?

[medvejonok 0]

I met my wife while she was working as an au pair in the US. We moved to Germany and got married, but we are now interested in returning.

I would rather not leave my wife for 9 months, but I probably cannot afford to remain in Germany.

Since she already had a work visa to enter the US before, would it be possible for her to accompany me home while we wait for the I 130?

any help would be greatly appreciated

[Penguin_ie 5,992]

Not unless she gets another work visa.

Is she a German citizen? If so, she can visit you for up to 90 days at a time on the visa waiver program, but she can't work under that.

Keep in mind if you file the I-130 petition while still in Germany, with a German address for you, the USC, and sending it directly to the US embassy in Frankfurt (called DCF filing- see our forum on this here: http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/ ) it should take less than 6 months to get approved.

[Harsh_77 716]

DCF can be an option for you, but entering the US on a visa with intent to immigrate is visa fraud.

There is no loophole and unfortunately separation is part of the immigration process.

[medvejonok 0]

Not unless she gets another work visa.

Is she a German citizen? If so, she can visit you for up to 90 days at a time on the visa waiver program, but she can't work under that.

Keep in mind if you file the I-130 petition while still in Germany, with a German address for you, the USC, and sending it directly to the US embassy in Frankfurt (called DCF filing- see our forum on this here: http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/ ) it should take less than 6 months to get approved.

Thank you for your response. It seems like every time I read something from the government, it creates two questions for every one that it answers.

I haven't been living here for six months yet, so I have to send it to Chicago.

How exactly does this visa waiver program work? She is a German citizen. Could we, for instance, have me come back to the US, file the paperwork, then after three months have her come stay with me for 90 days and then just return to Germany for the remainder?

[Deputy Purple 1,294]

How exactly does this visa waiver program work? She is a German citizen. Could we, for instance, have me come back to the US, file the paperwork, then after three months have her come stay with me for 90 days and then just return to Germany for the remainder?

That would be exactly an acceptable way to use the VWP. Just be aware of the fact that she could be denied entry by CBP as they will have a record of the I-130. She'll need to bring proof of strong ties to Germany like proof of intent to return to a job and continuing residence etc.

[medvejonok 0]

That would be exactly an acceptable way to use the VWP. Just be aware of the fact that she could be denied entry by CBP as they will have a record of the I-130. She'll need to bring proof of strong ties to Germany like proof of intent to return to a job and continuing residence etc.

Awesome

Here is my tentative plan. I am heading home monday to get a job and provide for my wife. I would like to have her come after three months or so. I would continue paying for her apartment while she was with me, so she would still have a residence there. Would that be enough? The Germans seem prettz lax about firing people, but I don't see how she could swing a 90 day absence.

I really appreciate everyones' help on this. As we all seem to have been in the same boat, I'm sure that you understand.

[medvejonok 0]

BTW. We are young and relatively poor, so we do not have joint ownership of any property. Would me having my name added to her bank account and depositing part of my paycheck into it count as "co-mingling of financial assets"?

Proving that our marriage is bona fide is the biggest thing holding us up

[Ryan H 3,810]

BTW. We are young and relatively poor, so we do not have joint ownership of any property. Would me having my name added to her bank account and depositing part of my paycheck into it count as "co-mingling of financial assets"?

USCIS will not expect a couple that is currently living apart in separate countries to have co-mingled financial assets or own property together.

[Brother Hesekiel 2,235]

Proving that our marriage is bona fide is the biggest thing holding us up

If that's the case, fire your I-130 out today.

Not easy to mingle if you are thousands of miles away from one another.

[medvejonok 0]

If I were to stay in Germany another three months, I could do DCF. The Frankfurt USCIS office says that their processing time is around 90 days. Does anyone know if they still have to send it to the NVC to be approved or anything? Or am I actually looking at only having to wait around 90 days?

[Deputy Purple 1,294]

No NVC for DCF.... It all gets processed at the Embassy.

[medvejonok 0]

No NVC for DCF.... It all gets processed at the Embassy.

Thank you, sir. Why is it that you guys have helped me more in two days than the government has in a month and a half?

Now I just need to find a job and a two person apartment and everything will be as ideal as it can be right now. Fingers crossed.

Does anyone have any suggestions for work for someone that only speaks a little german?

[Deputy Purple 1,294]

Does anyone have any suggestions for work for someone that only speaks a little german?

If you live near a us military base look there maybe?