DCF Frankfurt/ Germany

[sophyie 0]

Hi everyone!

My boyfriend (USC) and me (German) have been living in Germany for the last two years, and are now looking into going back to the States. He has a German work permit and residency (I don't know the correct terms, sorry)

Having read through a couple of threads for a while, I figure (since we both live in Germany) that the DCF would be the process of our choice.

I now have a couple of questions regarding the I-864:

My boyfriend is currently working for the German part of an international company, so his employer is legally German.

He will transfer within the company to the US- office at the end of October.

So at the time of filing for the I 130 he will still be working for a German employer but will already have an American work contract to start work Nov. 1st.

Will that be ok for the I- 864 or will we also need a sponsor?

Also, at the time of filing, will he have to have an American adress?

I don't think either would be a problem, since we're going to live close to his family, but I guess it requires some (extra) planning .

Another thing is that we're not married yet, we've been with each others for more than 3 years now but were originally planning on getting married in the States. I only now stumbled across the DCF possibility and it seems easier and faster than the K1- any recommendations, anyone?

Do you think it might matter that we'd be married for only a couple of weeks by the time filing?

Does it make sense to bring proof of having been together to the interview? (What's recommended? Photos, phonebills, flight tickets,...?)

Thanks so much for all the help here in the forum, and good luck to all that are in the process already!

Bye from the cold COLD Germany,

Sophy

[roscove 0]

Hello,

OK, if he is transferring to the US you realize he does not need to get married since he will be able to live and work (for that company only) on the L-1 visa he will get? Admittedly it is only for a specific period of time but still, it may allow you more time to plan the wedding in the US.

Also, if he is transferring as a manager to the US (L1-A) then he can bypass a large portion of the work visa to green card application process and basically file for adjustment of status. If he is transferring on an L1-B then he has to do a full GC work application and so it will be easier and faster to do an AOS based on being legally in the US on a visa and marrying a US citizen.

Dave

[Germlish 0]

OK, if he is transferring to the US you realize he does not need to get married since he will be able to live and work (for that company only) on the L-1 visa he will get? Admittedly it is only for a specific period of time but still, it may allow you more time to plan the wedding in the US.

If he is USC then the wedding will be for Sophyie to get in.

Sophyie, My wife and I were in almost exactly the same situation as you and your boyfriend. I am a USC working for a Canadian company which is transferring me to Atlanta (30°C today :-) ).

We just had the interview today so we only need to go to the states to have everything final.

There are several routes you can take to get you into to the US. As it turns out, I think the way we did it was the easiest and quickest:

Route 1: You get a K1 visa, go with him and get married in the US, then complete the paperwork to remain.

Disadvantage; takes forever and loads of fees and paperwork

Route 2: Get married then go to Frankfurt and do a direct consular filing. This is what we did and I cannot overemphasis how much much much easier this was than anything else. Google this and you'll see what I mean. An option here is also the K3 Visa, but that will probably take longer than the DCF. Again, google this stuff to see how it works.

Route 3. Go over on a visa waiver. This will get you ninety day with Herr Traumprinz but will also probably bar you from ever getting back into the US and carries many of the same drawbacks as route 4.,

Route 4: Go to Mexico and have pay someone to smuggle you over. This is probably the easiest and cheapest method but it has drawbacks - like possible jail time and the likelihood you'll have to repeat the process several times before you actually manage to stay. Also, employment opportunities are fairly limited (can you pick vegtables or clean houses?).

Enough silliness (no, theres never enough but ok.) To your specific questions:

My I-864 needed an IRS Federal Income Tax return. I hadn't filed for a while under a mistaken impression so I filed online. THis was not nearly the headache I had worried it would be but it does take time.

They were also interested in the transfer agreement but my recent pay receipts were not needed. If the work contract and IRS return show enough income, you shouldn't need a sponsor.

We needed an american address for them to send us the green card and I have already rented a place. But in your case, his parents names and address are probably enough. I think it is easier if you have a place already though because other documents need to be kept up-to-date.

Get married and do the DCF. Forget K-1, K-2, K in-der-garten or whatever else they do. As I understand it, the K series were originally intended to be a fast track for newlyweds and those desiring to be. It is still more expensive and slower than DCF. (check my and other posts about this) So it's not as romantic but it is fun K is probably ok for people who meet during short trips, on the internet, etc but where the USC is not an expat.

I believe DCF is faster because the two federal departments -State and Immigration (USCIS) are co-located in Frankfurt and already in the same country as the sponsor and appllicant.

We didn't need any extraneous stuff like photos, flights, etc. They ask simple stuff turing the interview but if both of you are there, are honest, and no skeletons in the closet (like his 22nd marriage to a foreigner) there should be no problem.

Good luck and keep us posted. I'm headed to WARM Atlanta on 17 June, wife will follow in August. I will try to monitor to see how things go.

[Candace 2]

Welcome Sophyie

There are a few of us going through DCF Frankfurt right now, so you have some references here.

We'll be in the same boat as you regarding the address; since we shall be living with my husband's parents for a (hopefully short!) while when we arrive in the US, we are using their address for our application. Do be aware that if this is the case you do need to include all people living at the address on your I-864, even if your boyfriend will have no financial responsibility for them, so you *may* need a joint sponsor. Just something to keep in mind.

In order to do DCF yes, you do have to be married, but it does not matter at this stage if you file your I-130 a day or years after the marriage, so long as there is one

I went to the US to get married then returned with my husband to file DCF. Do be aware that if you are doing this, take proof of your ties to Germany (work details, rental contracts, whatever) as if questioned you, in theory, could be refused entry. The downside of having a USC significant other! I am lucky my husband is active duty military so they have never had a problem with my entering on the VWP on production of his orders.

Good luck!

~Candace

[Mephibosheth 0]

I went to the US to get married then returned with my husband to file DCF. Do be aware that if you are doing this, take proof of your ties to Germany (work details, rental contracts, whatever) as if questioned you, in theory, could be refused entry. The downside of having a USC significant other! I am lucky my husband is active duty military so they have never had a problem with my entering on the VWP on production of his orders.

hey, uhm...

I'm planning to get married while in the US on a tourist Visa and then return to Europe... one problem is that I quit my job and my room renting contract... (I'll be registered at my brother)... to be able to stay the full 90 days... so... I'm aware that this might look suspicious on entry, so I'm kinda thinking to just say I'm visiting friends, which is true as well. Did anybody ask you for proof of ties to Germany or the UK and if so, in what situation?

thanks in advance

Mbo

[JenT 0]

I went to the US to get married then returned with my husband to file DCF. Do be aware that if you are doing this, take proof of your ties to Germany (work details, rental contracts, whatever) as if questioned you, in theory, could be refused entry. The downside of having a USC significant other! I am lucky my husband is active duty military so they have never had a problem with my entering on the VWP on production of his orders.

hey, uhm...

I'm planning to get married while in the US on a tourist Visa and then return to Europe... one problem is that I quit my job and my room renting contract... (I'll be registered at my brother)... to be able to stay the full 90 days... so... I'm aware that this might look suspicious on entry, so I'm kinda thinking to just say I'm visiting friends, which is true as well. Did anybody ask you for proof of ties to Germany or the UK and if so, in what situation?

thanks in advance

Mbo

Be prepared to produce evidence of ties and do not lie to the CBP officer when you enter the US.

Jen

Edited August 11, 2006 by JenT

[Germlish 0]

When we landed in Las Vegas we told the truth without realizing that anybody would even care.

They did care - the agents eyes went all squinty and he started looking closer at things. But we told him that we were planning to return to Germany and he was actually helpful insofar as he recommended that on our next return we be as open and truthful as possible - otherwise any mistake we made would look that much worse.

If you are planning to return to Germany, tell them that if they ask. Be as honest as you can be. You have a return ticket or a printed itenarary? Great. Staying at a hotel? Perfect. "A freinds house" may not look as good.

The worst that will happen is that you will be refused entry and have to do a visa. Or maybe you have to go sit on the Group W bench and wait an hour for questioning before being allowed entry.

Get caught entering under false pretenses and a lot more worse can happen.

On the other hand, if you will be visiting friends, you can put that down. Our travel included a few days vacation before the wedding, then a few days honeymoon afterwards. So stating "vacation" was not wrong either.

I don't think you should be too worried - unless you have a British passport and Pakastani heritage ;.)

My wife will be arriving here in 2 weeks and 2 and a half hours. It will probably be a few days later before I've recovered enough to post.

Tschuß and good luck!

[roscove 0]

OK, if he is transferring to the US you realize he does not need to get married since he will be able to live and work (for that company only) on the L-1 visa he will get? Admittedly it is only for a specific period of time but still, it may allow you more time to plan the wedding in the US.

If he is USC then the wedding will be for Sophyie to get in.

OK, I obviously had a brain freeze when I read the original posting and got confused on who was who. Sorry for the incorrect and misleading information. Thanks to Germlish for the correction.

[Candace 2]

I went to the US to get married then returned with my husband to file DCF. Do be aware that if you are doing this, take proof of your ties to Germany (work details, rental contracts, whatever) as if questioned you, in theory, could be refused entry. The downside of having a USC significant other! I am lucky my husband is active duty military so they have never had a problem with my entering on the VWP on production of his orders.

hey, uhm...

I'm planning to get married while in the US on a tourist Visa and then return to Europe... one problem is that I quit my job and my room renting contract... (I'll be registered at my brother)... to be able to stay the full 90 days... so... I'm aware that this might look suspicious on entry, so I'm kinda thinking to just say I'm visiting friends, which is true as well. Did anybody ask you for proof of ties to Germany or the UK and if so, in what situation?

thanks in advance

Mbo

Hi Mbo,

This question has been flogged on these forums but what people say is correct; there's nothing wrong with entering to marry on the VWP, it's the intent to stay in the US that is the problem and if you can't satisfy the immigration officer that it is not your intent, then it's his or her prerogative (sp?) to pop you back on a plane. Kind of like guilty until proven innocent

I'm lucky, I never get asked for proof of *my* ties, because I am a US military spouse and as is the military way, we go where we're damn well told! The PoE officers have always been great with us (even when for example we were coming back into the US from a cruise and there were no military orders flapping around) but if you read these forums for more than a brief spell you'll see this is not always the case.

The best thing is to be honest and have as much information regarding your return as possible (return ticket with a date on, anything that ties you to your home country, etc.) You may get refused entry, you may not. Unfortunately there are a lot of people out to buck the system and as such we are all tarred with the saem brush. Good luck