Questions on CR-1 under DCF process

[maadams2004 0]

Hello, All. I’ve got a few questions regarding filing an I-130 under the CR-1 process as well as Direct Consulate Filing.

First I’d like to say that I have done a lot of reading prior to posting these questions. I have a good understanding of the process, but I have a few points I need clarified. I figured someone here has probably gone through a situation similar to mine and may be able to light my way a bit.

A brief rundown of my situation:

I am currently married to a Dominican citizen (my wife). My wife presently resides in the DR with my two step-daughters. I have not begun any process for requesting a visa.

In either March or April I will be starting a new job as a Department of Defense (government) employee. As a DoD employee I am managed similar to a military person. I will receive military orders for my new duty station in Germany. Once in Germany I plan to bring my wife and daughters there to live. I’ve already talked to a representative at the German consulate in Miami and was told by the rep that as a DoD employee working in Germany I will fall under the Status of Forces Agreement that Germany and the U.S. have and so will my wife and children (my wife and children will be listed on my orders).

However, since my wife and daughters are not citizens of the U.S. they will need specific paperwork from the German government authorizing them to pass through customs once arriving in Germany. The rep at the German consulate in Miami told me this is a relatively easy process and can be handled through the military personnel office once I get to Germany. I will be given some documentation from the German government, and with this in hand my wife can pass through customs once arriving in Germany.

Moreover, I’ve talked to the American consulate in Frankfurt already and I’ve been told by a representative there that I can do a DCF at that location once my wife and step-daughters arrive in Germany.

I will be in Germany for about three years before I transfer to another duty station stateside.

My questions:

1) In my specific situation, will I be submitting my Affidavit of Support at the same time I file my I-130 at the U.S. consulate in Frankfurt?

2) I understand that once we’ve been approved for the visa my wife and daughters have six months to enter the U.S. via a Point of Entry (POE). My tour in Germany can be indefinite if I so choose, but I will probably ask for a transfer back stateside in two to three years. That being said, at least once a year I will return to the states on leave. I would like to take my family with me of course. Given that this will be my family’s first entry into the U.S. I understand we will go through the POE procedures (I’ve read the guide on this topic). However, this process seems to be built for when you’re making a permanent move back to the states. In my case I will be returning to Germany – this will just be yearly vacation. Can I still complete the POE process on vacation? Will my family still be eligible to get their Dominican passports stamped, signed, making them in effect Green Cards and attain permanent resident status? Will I be able to receive the Green Cards and Social Security Cards in the mail? Note: I’ve read in several forums here that in terms of military and DoD personnel any time spent living at an overseas duty location under military orders is considered time lived on American soil. With this in mind I would think there would be no issue with my family completing the POE process and then all of us returning to Germany after vacation.

3) Under permanent residence status will my family then be eligible to receive American passports or is this reserved solely for naturalized citizens?

4) My understanding of the DCF process is that my wife will have to complete her interview at the American consulate in Frankfurt where we will be filing the I-130. Are there any language requirements for this interview? I ask because my wife only speaks Spanish, however, she is in classes now learning English. Does she have to be at a certain level of English fluency prior to the interview? If this isn’t required, will I be able to sit in on the interview and translate anything she doesn’t understand? Does the consulate provide any assistance in this matter? A translator of their own perhaps?

5) Eventually (the sooner the better) my wife and I want to change her name (she will take my last name and drop one of hers making her name the standard American first, middle, last name, versus the four she carries now). What is the process for this when you marry a non-U.S. citizen? Should I be doing this now when I have to fill out all of this paperwork? Will a name change now impede the process? Otherwise what would be appropriate time to change my wife’s name?

6) Does the six month residence qualification apply to military/DoD civilians utilizing the DCF process? That is, can I file at the consulate in Frankfurt after only a month in Germany?

7) I thought I previously read on one of the forums here that medical examinations for non-citizen spouses (and other relatives) have to be performed prior to the issuance of a visa. Do I still need these medical examinations in the DCF process? And if so, in my particular situation, should I have these done in the Dominican Republic or wait until I get to Germany since I will be filing through the DCF process there?

8) And lastly does anyone have any suggestions regarding proof of marriage for the DCF process? Of course I already have official copies of birth certificates and our marriage certificate. However, I’m not currently in the DR with my wife (I’m working overseas in the ME at the moment). We do have an apartment there, but my name is not on the lease. And we don’t have any joint accounts in the DR. When I send my wife money for the household, et cetera, I use Western Union versus using a bank due to the sometimes questionable taxing policies of the banking industry there (not to my liking). We DO HAVE friends there that witnessed our marriage and can do the affidavit. That’s not a problem.

However, beyond this affidavit, what else will be sufficient for proof of marriage? Since I will be filing under DCF in Germany I thought perhaps I could use my military order which will have my wife and step-daughters listed, as well as copies of their military dependent ID cards. Also I will have the documentation from the German government allowing my family to enter Germany. By the time my wife gets to Germany and we file at the consulate we will have a joint account at this time and of course a shared domicile (but I don’t believe I will be able to have her name on the lease). Will these additional points be sufficient for proof of marriage in my particular situation? I just worry if the affidavit from our friends would be enough on its own. I would rather provide too much information than too little and slow the process.

Well there you have it. I apologize for the huge post, but if you’ve taken the time to read it I greatly appreciate it. And of course I appreciate any assistance anyone can provide me on the above questions.

[payxibka 10,045]

holy ####### you asked a lot of questions...

1) Possibly... DCF is different.. Frankfurt consulate may require all documents at time of filing

2) Unless your family is residing in the USA, maintaining status may be problematic... in the interim "tourist" visas may be possible

3) No, US passports for US citizens ONLY

4) Consulate interviews are typically in the native language of the country or English

5) USCIS has no issues with name changes... effect a name change based on your locality (or her locality)

6) Yes it would appear to qualify you

7) Med exams for ALL intended immigrants

[maadams2004 0]

holy ####### you asked a lot of questions...

1) Possibly... DCF is different.. Frankfurt consulate may require all documents at time of filing

2) Unless your family is residing in the USA, maintaining status may be problematic... in the interim "tourist" visas may be possible

3) No, US passports for US citizens ONLY

4) Consulate interviews are typically in the native language of the country or English

5) USCIS has no issues with name changes... effect a name change based on your locality (or her locality)

6) Yes it would appear to qualify you

7) Med exams for ALL intended immigrants

Hey, thanks for the input!

[Penguin_ie 5,993]

You got some good answers already, so I'll just supplement:

1. While each consulate is different, especially when doing DCF, most will require the I-864 when the beneficiary goes to the interview.

2. Normally that would not work as the beneficiary is supposed to reside (ie spend most of their time) in the USA after POE, otherwise the government may see it as them abandoning their green card and you'll have to start over. However, as you are military, there may be exceptions; check with JAG, who should know.

4. What the previous poster said. European embassies tend to be more relaxed than others, they may let you attend interview (they do in Ireland, where interviews are conducted right there in the waitingroom through a glass panel!). Ring the embassy beforehand and enquire if you are concerned.

6. I disagree with the previous poster here, I do not think being in the military qualified you for quicker DCF processing. However, I am not 100% sure, and embassies may make exceptions. Your other option would be to file "normally", ie via the USA- military members can definitely do that while abroad.

7. Probably best to have it done in Germany, as you need to go to one of a small number of certified doctors.

8. Marriage cert is often enough when filing DCF, but it is a good idea to bring some extra proof- this will only be needed once your wife interviews, and hopefully by then you'll have some joint bills, a jointly owned car, lease or similar. Children's birth certs and photos of the wedding/ you together with eachother's families are also good.

[payxibka 10,045]

6. I disagree with the previous poster here, I do not think being in the military qualified you for quicker DCF processing. However, I am not 100% sure, and embassies may make exceptions. Your other option would be to file "normally", ie via the USA- military members can definitely do that while abroad.

ah did not mean to imply quicker... meant to confirm 6 mo. Frankfurt however is the definitive answer...

[maadams2004 0]

You got some good answers already, so I'll just supplement:

1. While each consulate is different, especially when doing DCF, most will require the I-864 when the beneficiary goes to the interview.

2. Normally that would not work as the beneficiary is supposed to reside (ie spend most of their time) in the USA after POE, otherwise the government may see it as them abandoning their green card and you'll have to start over. However, as you are military, there may be exceptions; check with JAG, who should know.

4. What the previous poster said. European embassies tend to be more relaxed than others, they may let you attend interview (they do in Ireland, where interviews are conducted right there in the waitingroom through a glass panel!). Ring the embassy beforehand and enquire if you are concerned.

6. I disagree with the previous poster here, I do not think being in the military qualified you for quicker DCF processing. However, I am not 100% sure, and embassies may make exceptions. Your other option would be to file "normally", ie via the USA- military members can definitely do that while abroad.

7. Probably best to have it done in Germany, as you need to go to one of a small number of certified doctors.

8. Marriage cert is often enough when filing DCF, but it is a good idea to bring some extra proof- this will only be needed once your wife interviews, and hopefully by then you'll have some joint bills, a jointly owned car, lease or similar. Children's birth certs and photos of the wedding/ you together with eachother's families are also good.

This is great input. Thanks for the assistance!