Several questions- Frankfurt Consulate in particular

[Jen&Carsten 0]

Hey everyone,

I am new here and have a few questions.

~What is this deal with dropping the I-129 or just sending it directly to the service center after or when you file the I-130? Is this worth the time saved or could it possibly cause even more confusion and delays ? I noticed several people mentioning this recently.

~What are some recent experiences people have had with the Frankfurt Consulate? In particular, do they ask for the I-134 or the I-184 if you are seeking a K3 Visa? I have looked at the reviews for that consulate- but almost all of them are for K1 Visas.

I think those are my only questions so far!

Thanks in advance!

[OKC_German 3]

Guten Tag Jen&Cartsen! My wife and I are currently going through the process of a K-3 Visa with Frankfurt Consulate. I asked Frankfurt the same question you had this is what they told me, "In case you are about to process an IR-1 or CR-1 visa, form I-864 is sufficient. In case you process a K-3 visa, form I-134 is sufficient". So, it depends on what your filing for, but a K-3 should require an I-134. FWIW, the Frankfurt Embassy is pretty good to work with, at least so far. They answer their e-mails in a timely manner and are generally helpful.

We submitted our I-130 first and then shortly after that the I-129F. Both were approved the same day. We still have not received our NOA-2's, but are expecting them any time this week. Once thats done at the NVC, we'll be working with Frankfurt. My wife is already preparing information and forms for her interview. She has already had her medical check and updated her shots just in case. Let me know if I can help any more and welcome to the site. You can learn a lot from this place. I highly recommend the links above, sticky's in the forums, and the search functions. There is a link above called "Embassy Info" which has really good gouge on the Frankfurt embassy. Good luck!

[sib 7]

Are you already married?

Please fill out your timeline, that will help others to give you advice.

Sib

[Jen&Carsten 0]

Are you already married?

Please fill out your timeline, that will help others to give you advice.

Sib

We are not married yet- but will be in the next few months. We are working on coordinating vacation time right now. I want to have as much of the paperwork ready as I can, so I can mail it right away after the wedding. I will be sure to post a time line as soon as the package is in the mail.

Edited January 15, 2009 by Jen&Carsten

[sib 7]

If you are not married yet, why are you not thinking about a K1 visa?

It has the advantage that the K1 beneficiary can stay in US during the process (especially if you have a B1/B2 visa). You need to leave before I-94 expires.

My then fiance was able to visit using VWP even during the process of K1.

If you go the K3 route, you have to leave US before your I-94 expires and wait for the rest of the visa process in Germany.

Though personally I would not go the K3 route, I would the go the CR1 route. With that you don't have to adjust status and looking at the timeframes of Germany I don't think there is a lot of difference between K3 and CR1.

As the US petitioner you can contact the US embassy in Germany and ask them about the difference in time between K3 and CR1 after it reached the embassy. They were always very helpful when I had questions (I am the US).

PM me if you want more information.

Sib

[Jen&Carsten 0]

If you are not married yet, why are you not thinking about a K1 visa?

The reason I had originally thought that a K3 was the way to go was simply the Affidavit of Support. It will be "easier" for me to prove 100% of the poverty level for the I-134, than the 125% the I-184 requires.

With my assets and income, I can JUST prove 125% now (for a family of 4), I know the guidelines are going to change as of March 1st and will likely raise around 600.00- which I can still prove- barely. That is what scares me. I am too close to the line to feel totally comfortable with the I-184 right now. A sponsor is out of the question.

If I use my child support order to prove some of my income- I will be well over the guideline, but if I use the actual amount I received then it is a much lower amount. I called the USCIS and they said the order was OK, but with my luck the consulate will suddenly decide that they want proof that I received the child support that was in the order.

I am just so scared something will go wrong, I am trying to make sure this entire process is done exactly right. We have waited 2 long, hard years- and it has been hard enough.

I have searched all over the internet for information about what the consulate or the USCIS will expect for proof of income- and have found nothing about child support orders vs the actual amount.

Edited January 15, 2009 by Jen&Carsten

[sib 7]

The K1 requires a I-134 and you need to meet 125% of the poverty level.

You need to proof your income with tax return, letter from the employer, etc. I guess that's when the court order for child support will be counted in.

When adjusting status (after marriage in US) you need to file I-864. But you don't need to adjust status right away, so maybe until then your income situation has improved.

You also can use your spouses assets when you file after living together for 6 months.

The problem with not filing AOS quickly is, that then there is no EAD to work.

Will your fiance be able to work in US when having EAD?

You also need to adjust status after coming into US on a K3.

The advantage of taking the CR1 route is that your spouse doesn't have to adjust status after immigrating. The green card will be mailed automatically and he/she can work.

Wishing you luck.

Sib

[Jen&Carsten 0]

The K1 requires a I-134 and you need to meet 125% of the poverty level.

You need to proof your income with tax return, letter from the employer, etc. I guess that's when the court order for child support will be counted in.

When adjusting status (after marriage in US) you need to file I-864. But you don't need to adjust status right away, so maybe until then your income situation has improved.

You also can use your spouses assets when you file after living together for 6 months.

The problem with not filing AOS quickly is, that then there is no EAD to work.

Will your fiance be able to work in US when having EAD?

You also need to adjust status after coming into US on a K3.

The advantage of taking the CR1 route is that your spouse doesn't have to adjust status after immigrating. The green card will be mailed automatically and he/she can work.

Wishing you luck.

Sib

Thanks for the info! Do you know how soon he could get a work permit after entry with the K-1? That is important because he will need to quit his job to move here and will not be able to get one here without a work permit. Is the K-1 faster than the K-3?

I am going to e-mail the consulate today and see how they feel about the whole child support order thing and also how they will calculate the 125% with my current income and assets- which by my calculations are just over the 125% line.

[sib 7]

We got married 10/18/2008, filed AOS 10/30/2008 and my husband received his EAD 01/12/2009.

So depending on when you get married after entry and when you file ...

But even if he comes on a K-3 you need to file AOS (a lot of paperwork, some already submitted before ...)! Better then would be CR-1, everything will be done before coming to US and he has the green card immediately after arriving in US. It will be mailed.

Depending on your planning which route to take.

Looking at your circumstances I probably would take the CR-1 route because that causes the least delay in having a work permit.

Will it be easy for your fiance to get a job here?

I would get in contact with the embassy in Frankfurt via email and get the information how long CR-1 takes. What Affidavit of Support do they need for it and how they calculate your income.

Wishing you luck.

Sib