Living in Germany - filing DCF?

[Markus Teich 0]

Hello,

I am German and my Wife is from the US. We got married in the US during my MBA Program and as I got a job in Germany, we moved to Germany 2 years ago.

I have not applied for a Greencard or DCF in Germany yet.

Can I apply for a Greencard through DCF though we are living in Germany currently or do we have to live in the US. We may move to the us in the future.

I was wondering if I could already apply for the Permanent Resident Status now, as it would make the application process for a job in the US and then moving much easier. We have a permanent adress in the US.

Thank you for your help

Markus

[Martina and Jim 0]

Hello,

I am German and my Wife is from the US. We got married in the US during my MBA Program and as I got a job in Germany, we moved to Germany 2 years ago.

I have not applied for a Greencard or DCF in Germany yet.

Can I apply for a Greencard through DCF though we are living in Germany currently or do we have to live in the US. We may move to the us in the future.

I was wondering if I could already apply for the Permanent Resident Status now, as it would make the application process for a job in the US and then moving much easier. We have a permanent adress in the US.

Thank you for your help

Markus

Hi,

you might have a look at these links: http://www.visajourney.com/forums/index.ph...om&page=dcf

http://www.visajourney.com/forums/index.php?showforum=82

It will tell you more about DIRECT CONSULAR FILING (DCF).

Current DCF procedures state that if a US Citizen lives overseas they may file the I-130 for a foreign spouse, child or parent at the US Consulate / USCIS Field Office governing their place of residence. In most cases permanent residence abroad must be legally established for PERIOD OF SIX MONTHS prior to submitting an I-130 petition.

When the I-130 petitions is approved, the foreign spouse (means husband or wife) receives an immigrant visa. The immigrant visa is valid ONLY for 6 months, so the spouse of an U.S. citizen MUST enter the U.S. within 6 months. There is a date on the visa which tells you, when the visa expires. When you arrive in the U.S., you will get the Green Card by mail in about a month or less.

Martina

[Markus Teich 0]

Thank you,

this sounds perfect.

The only concern I have is the Affidavit of Support (Form I-864).

I am working for a German Company which I will continue after filing. I have been working here for 2 years now, but is this credible or

do I have to use a US-based Work related income?

If I need US based support we have to use my father in law.

Thank you

Markus

[john_and_marlene 162]

What you are applying for is an immigrant visa. The visa will have an expiration date. You don't get a GC until you move to the U.S. If you don't move to the U.S. before the expiration date, you will have to start over again. There's no point in applying for an immigrant visa until you are ready to live in the U.S. You can't be a legal permanent resident (GC) of the U.S. and still live in Germany.

[Markus Teich 0]

What you are applying for is an immigrant visa. The visa will have an expiration date. You don't get a GC until you move to the U.S. If you don't move to the U.S. before the expiration date, you will have to start over again. There's no point in applying for an immigrant visa until you are ready to live in the U.S. You can't be a legal permanent resident (GC) of the U.S. and still live in Germany.

Do I really have to move to the US? or can i just visit and receive the Status. The point was to apply for the Status and Greencard and then start the job search. I think it would be easier if I already have work permission in the US.

Markus

[Otto 83]

Do I really have to move to the US? or can i just visit and receive the Status. The point was to apply for the Status and Greencard and then start the job search. I think it would be easier if I already have work permission in the US.

Markus

You would not receive permanent resident status (green card) until you enter the us.

Edited November 11, 2008 by Karin und Otto

[Otto 83]

Thank you,

this sounds perfect.

The only concern I have is the Affidavit of Support (Form I-864).

I am working for a German Company which I will continue after filing. I have been working here for 2 years now, but is this credible or

do I have to use a US-based Work related income?It is credible. You are still filing US tax returns each year yes?

If I need US based support we have to use my father in law.Just an FYI - the USC Spouse - you - will still need to complete an affidavit of support even in the event you decide to use a co-sponsor.

Thank you

Markus

[Markus Teich 0]

Do I have to stay in the US, or do I also get the Status on entering for a short term stay, and then we go back to germany?

[john_and_marlene 162]

Do I really have to move to the US? or can i just visit and receive the Status.

The status you are seeking is Legal Permanent Resident of the US. To get the status you have to reside in the US. Too often the GC is incorrectly viewed as a married to a USC status and that is not what it is. If your domicile is not in the US, you do not qualify.

[pushbrk 12,892]

Do I really have to move to the US? or can i just visit and receive the Status.

The status you are seeking is Legal Permanent Resident of the US. To get the status you have to reside in the US. Too often the GC is incorrectly viewed as a married to a USC status and that is not what it is. If your domicile is not in the US, you do not qualify.

You may also want to Google, "maintaining permanent resident status".

Your income in Germany cannot be considered for the affidavit of support unless it will continue in the US from the same source. You'll probably need a co-sponsor and your wife will need to have maintained or re-establish domicile in the US before a visa is issued. The DCF process is for the spouse of a USC to "immigrate" to the US, so don't begin the process until you're ready to immigrate.

[Markus Teich 0]

Thank you!

So i will start this process once we consider moving and I am in the process of finding a job in the US?

Is it fair to say, applying for a job in the US, that I have work permission. (Correctly speaking as of now I dont have it it?)

Markus

[john_and_marlene 162]

Thank you!

So i will start this process once we consider moving and I am in the process of finding a job in the US?

Is it fair to say, applying for a job in the US, that I have work permission. (Correctly speaking as of now I dont have it it?)

Markus

With the IR1 immigrant visa you will have work permission from the time you enter the U.S. Even before you have the actual GC (about 30 days after entry), you will get an I-551 stamp in your passport showing permanent residence and work authorization.

[Markus Teich 0]

Well as of now, we (me and my US-wife.-) are living and working in Germany.

We are considering of moving to the US. Yet I was wondering if it would make sense to already apply for IR1 and visit the US to get the GC before actually moving and applying for a job in the US.

People in this thread told me to only to file if we are then really living within the US. Yet I thought applying now would make it easer to find a job from Germany,

Markus

[pushbrk 12,892]

Well as of now, we (me and my US-wife.-) are living and working in Germany.

We are considering of moving to the US. Yet I was wondering if it would make sense to already apply for IR1 and visit the US to get the GC before actually moving and applying for a job in the US.

People in this thread told me to only to file if we are then really living within the US. Yet I thought applying now would make it easer to find a job from Germany,

Markus

You are getting confused. You are talking about "immigration" which entails becoming a resident of the USA. You would be lying if you now said you have work authorization because you don't. You could say your wife is a US Citizen and you will begin or have begun the immigration process (whichever is true at the time).

My suggestion is that you determine when you would like to begin the process of looking for a job. About four months in advance of that, begin the DCF process. Once you have the IR1 visa in your passport, you can wait up to six months to use it. That will give you approximately 10 months to look for a job, six months of which, you'll be able to say you have an immigrant visa that provides work authorization upon US arrival.

Again, the status you are seeking is that of Legal Permanent Resident, so "residing" is a requirement.

[I-love-Dexter 0]

Markus, I have a smiliar situation . I got my immigrant visa in November this year. 3 weeks later we went to USA for Thnaksgiving. After 8 days we come back to Germany, because my husband has a contracting job here. I need a green card to get a job on base. It will be mailed to our address in USA (my mothers-in-law address).

All I know is that i have to be phisically present in USA ever 364 days or I loose my permanent resident status. But travel for a week or so may not be enough. I'm thinking about getting a lawyer to ask what to do.