Living in Germany with Spouse & I-864

[Marsha 0]

Hi Everyone, I have read a lot on this site before deciding to post this. I don't actually see it covered..unless I just didn't find it! If it's there, I apologize in advance....

I am a US Citizen, living in Germany now since September 2007. When we decided to relocate to the US; I had NO idea that the process had gotten so much more complicated..and I should say also so restrictive...I must say we can thank G. Bush for that! Anyway..here's my dilemma:

I have been receiving SSDI for just about over a year now. However, I worked for 37 years of my life before that. In looking at the I-864 instructions, I cannot decipher whether or not my work history would qualify me, even though I've been basically unemployed and only on disability for the past year. I am not at all sure I can get a Co-Sponsor; the first person I asked said no. I even hated asking. I'm older than most people, and I've lived with my spouse for 8 months now. There is no doubt in our minds that we will stay together for the rest of our lives. He is working now in Germany, and has been for 20 years in the same field.

I don't understand how it works when both US citizen and foreign citizen are living in the foreign citizen's country. I don't know how we can use his income since he will no longer, of course; be working at his same job, but I have no doubt he will quickly get a job in the US. We're planning on living in my home state of Massachusetts.

It really irks me that the US government (Bush) has made it very difficult now to immigrate, especially since marriage to a US citizen is still the #1 category, yet it is just as hard, it seems, with all the other categories. I would greatly appreciate some advice. Thank you kindly, and blessings to all!

[Dr. Obvious 49]

Although I hate Bush, you cannot blame all of immigration on him. It was hard to get in long before him.

Unfortunately, you are going to have to prove that YOU can support your husband, and if not, a co-sponsor can. If you can`t get a co-sponsor, odds are very bad you will be approved without significant financial assets. Although they look at your past history, it is today that matters.

I am not sure why you want to come back to the US. If your husband has a stable job there and you have no real chance to get one here, why risk it? He may not get a job as quick as you think and then what?

Germany is a good country and I would give it more time. I know that my husband and I are probably returning eventually, and truth be told, I only left very reluctantly. The US has a lot of disadvantages compared to Germany. I have to have a car here. I have to pay more for my health care. Food seems a lot more expensive. The only advantage to me of the US was that I could work a real job here. I had little hope of that in Germany without serious job retraining in fields I would probably suck at. I came back to the US sure I would get a job immediately. That was true. A year long stretch of dead end, no benefits, ####### jobs until I finally was hired for a Good Job with Benefits. It sucked. I like my current job a lot, but that time in between was very horrible for both me and my husband.

I dunno. If I were you, I would just think it smarter to stay in Germany for now. I lived there for three years with about no contact to other Americans or even other native speakers of English, so I know how it is.

[Marsha 0]

Thanks Wacken, for your reply. The thing is that I do not like Germany at all. I guess I may come from a different way of thinking. I don't want to become negative however by posting what I don't like about here. Let it suffice to say I cannot WAIT to get back home where I love and belong. I will find a way, no matter what! Thanks again...

[Marsha 0]

OH, P.S.! My home state is Massachusetts..and it's known to be the most liberal state in the US...and I've lived in a lot of US states! I know lots of people there who can get me a job and get my husband a job with no problem. So...the only problem is getting there!

[MargotDarko 0]

Hi Everyone, I have read a lot on this site before deciding to post this. I don't actually see it covered..unless I just didn't find it! If it's there, I apologize in advance....

I am a US Citizen, living in Germany now since September 2007. When we decided to relocate to the US; I had NO idea that the process had gotten so much more complicated..and I should say also so restrictive...I must say we can thank G. Bush for that! Anyway..here's my dilemma:

I have been receiving SSDI for just about over a year now. However, I worked for 37 years of my life before that. In looking at the I-864 instructions, I cannot decipher whether or not my work history would qualify me, even though I've been basically unemployed and only on disability for the past year. I am not at all sure I can get a Co-Sponsor; the first person I asked said no. I even hated asking. I'm older than most people, and I've lived with my spouse for 8 months now. There is no doubt in our minds that we will stay together for the rest of our lives. He is working now in Germany, and has been for 20 years in the same field.

I don't understand how it works when both US citizen and foreign citizen are living in the foreign citizen's country. I don't know how we can use his income since he will no longer, of course; be working at his same job, but I have no doubt he will quickly get a job in the US. We're planning on living in my home state of Massachusetts.

It really irks me that the US government (Bush) has made it very difficult now to immigrate, especially since marriage to a US citizen is still the #1 category, yet it is just as hard, it seems, with all the other categories. I would greatly appreciate some advice. Thank you kindly, and blessings to all!

The important thing in regards to the I-864 is the money and assets you currently have, not your past work history. Your disability income does count towards the total income needed. If it is just you and your husband and you have no dependents, then you need to show roughly $17,500 a year income. You can also use assets, such as savings and property, but they need to be three times the amount required. For example, if your disability income is $13,000 a year, and you have $13,500 in assets (this can be money your husband has in his savings or property that can be exchanged into US dollars within one year), then technically that covers it.

[Dr. Obvious 49]

OH, P.S.! My home state is Massachusetts..and it's known to be the most liberal state in the US...and I've lived in a lot of US states! I know lots of people there who can get me a job and get my husband a job with no problem. So...the only problem is getting there!

If you can work, then it could be best to go ahead and file the I-130 in Frankfurt and you return to the US first, find a job, and then submit the I-864. It will take about 2 months for the I-130 to be approved anyway in most circumstances. Should be enough time to find a job and sumbit an employer letter stating your income for the I-864. You submit the I-864 after the I-130 approval if you are filing by mail. It is sometimes different for walk-ins, so not going to say anything about that. I did something similar when I filed.

Edited May 7, 2008 by Wacken

[Dr. Obvious 49]

However, all up to you. I have no idea the nature of your disability, just that you said people would find you a job implying that you might be able to work. This would only make sense if the amount you could make working would be more than $17k a year.

[Marsha 0]

Thanks again Wacken for taking the time to reply....what a coincidence that you lived in Germany too! That may be what I'll have to do, but I hope not. I would hate to leave my husband here....

Take care and thanks!

[Dr. Obvious 49]

No coincidence. There are quite a few USCs here who moved to Germany for whatever reason for awhile. I moved there because immigration was less a pain in the ####### than here. I didn't have that many problems with adjusting, but then I had some knowledge of the language and had basically resigned myself to the fact that it could be entirely possible that I would be there the rest of my life, so best get over and used to it. It isn't everyone's cup of tea though, so I understand.

I would like to move to Massachusetts, but my pocketbook has a small heart attack to think about it. I am not sure how I would afford to live there, though you definitely get what you pay for out here in Indy.

Edited May 7, 2008 by Wacken

[Marsha 0]

Ok...what about this scenario..if anyone knows please! What if we apply for a K-3 visa after filing the 1-130 at the Consular in Frankfurt, which would allow us to go to the US and finish the process there...this would allow me to get a job and THEN when the time comes to file the I-864 I would be able to say I am working and my income will suffice....

[Dr. Obvious 49]

When you file the I-130 in Frankfurt, you are filing for an CR-1 or an IR-1 depending on how long you have been married. The process is much faster, much less complicated filing the I-130 with the embassy in Frankfurt. To file for a K-3 would not make any sense as you have already applied for an immigrant visa in Frankfurt. It would just add expense and complication.

The USC only has to be in the country to file the I-130. After that, they are free to return. Their spouse has to stay until they get their visa. Technically, they can come to visit, but they could be turned away at the border at the POE officer's discretion. That is not fun or cheap, so it is generally better to wait until the visa is issued, if possible. DCF through Frankfurt generally takes 2-5 months, depending on what color dress Jennifer Lopez is wearing today, but it is overall faster than filing from the US in most cases. The beneficiary will have to stay or fly back for the medical and the interview. The USC does not have to be present for these things, which is why it is an option for YOU to go back and get things started in the US. Your husband will have to wait until his visa is approved, but like I said, it is not a long time in most cases.

The I-864 is submitted at the time of the interview. I mailed mine to my husband when it was his time to have it, about 2.5-3 months after submitting the I-130. By that time, I had already had a job in the US. He joined me a few months later after all of his affairs in Germany were wrapped up.

[Marsha 0]

HI again folks...did anyone notice the weird video someone put in this thread? I wonder if it is a hacker....weird..

Anyway, even if it would be more complicated to file a K3 visa after I get a receipt for the I-130, could I still do so?..the advantage being then my husband could travel back to the US with me and then we could finish the process in the US. I really do not want to go back to the US without him.

My mental state is not very good....thanks for any help on this...

[MargotDarko 0]

HI again folks...did anyone notice the weird video someone put in this thread? I wonder if it is a hacker....weird..

Anyway, even if it would be more complicated to file a K3 visa after I get a receipt for the I-130, could I still do so?..the advantage being then my husband could travel back to the US with me and then we could finish the process in the US. I really do not want to go back to the US without him.

My mental state is not very good....thanks for any help on this...

Unfortunately, it's not just more complicated but it's not even possible to go for the K3 visa when you've filed the I-130 in Frankfurt without starting all over again and delaying the process by literally months.

If I were in your situation, I would file the I-130 in Frankfurt as soon as possible, go home to the US, and have the hubby make a visit and then he would return to finish up in Frankfurt and get the visa. He would just need to bring proof of his return to Germany to visit you - a letter from his employer, proof of residence, and proof of return ticket. I notice Wacken cautioning against this, but I think it's worth the risk, especially if he has good proof like a letter from an employer and a lease on a flat/apt or mortgage in Germany.

I promise you that filing the I-130 in Frankfurt is the best and fastest route available to you. Trying to file in the US and trying to get a K3 visa would be a total nightmare for you compared to getting the CR1 visa directly through filing in Frankfurt. Since you are not able to get joint sponsors and are unfortunately forced to return to the US to get work to meet the requirements of the I-1864,

Wait a second... have you ruled out the possibilty of joint sponsors? Is there anyone in the US who would be willing to be a joint sponsor? They just have to be a USC and meet the income requirements for the number of people in their household plus one immigrant.

HI again folks...did anyone notice the weird video someone put in this thread? I wonder if it is a hacker....weird..

Anyway, even if it would be more complicated to file a K3 visa after I get a receipt for the I-130, could I still do so?..the advantage being then my husband could travel back to the US with me and then we could finish the process in the US. I really do not want to go back to the US without him.

My mental state is not very good....thanks for any help on this...

Further to this, filing for a K3 visa would not mean that he could travel with you. Even if you could file the I-129f after filing the I-130 in Frankfurt, it would still take months to get the K3 visa. You would be in the same situation of having to take the risk of your husband just visiting in order to be with you in the US before the visa was sorted.

[Dr. Obvious 49]

HI again folks...did anyone notice the weird video someone put in this thread? I wonder if it is a hacker....weird..

On this forum, you are allowed to post you tube videos to your signatures or post them in threads. I had one for awhile in my siggy, probably what you saw.

You didn´t say if your income meets the I-864 requirements or not or if you or your husband have assets.

[MargotDarko 0]

HI again folks...did anyone notice the weird video someone put in this thread? I wonder if it is a hacker....weird..

On this forum, you are allowed to post you tube videos to your signatures or post them in threads. I had one for awhile in my siggy, probably what you saw.

You didn´t say if your income meets the I-864 requirements or not or if you or your husband have assets.

I've PM'd with her - unfortunately her income and their assets would not be enough. She may have another option for a joint sponsor though, which would be great.