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Filed: Country: Germany
Timeline
Posted

Hello everyone,

While researching on the internet about DCF, I found an information saying that there have been cases where it was possible to apply for I-130 even if the US citizen (my fiancé in this case) is currently living in the US. So, I was wondering if this is correct!

Our situation is as follows:

I live in Germany. My fiancé is in the US Army and was stationed here for several years. We were planning to get married this month, but shortly after we took that decision he received his orders to move to the US . And unfortunately there was not enough time left for us to anticipate the wedding to a previous date. So he left Germany mid January, 2009.

My question is, if there is any chance to still apply for this type of visa, although he is not stationed in Germany anymore, but considering that he has lived here for almost 5 years, that he has just left the country, and that our intention and plan was to get married very soon while he was still living in Germany.

We really hope so much that there's still a way to be able to apply for I-130, which would allow us to live together and plan my move so much sooner, than applying for the K-1 or K-3 visa, which take SO LONG!

I have contacted the local USCIS, but their response (saying that we should apply for the K-1 visa) didn't really answer my question :unsure:

Hope anyone can help!!!

Thanks so much in advance!

Mary

Filed: K-1 Visa Country: Nigeria
Timeline
Posted

DFC s are for married people that reside the the area for a specified minium period. You are not married and if you marry now he is no longer a resident.

First visit:2007-09-12 to 2008-09-23

I-129F Sent : 2007-11-24

I-129F NOA1 : 2007-11-30

I-129F NOA2 : 2008-03-31

NVC Received : 2008-04-21

NVC Left : 2008-04-23

Consulate Received : 2008-04-28

Packet 3 Received : 2008-05-20

Interivew date : 2008-08-07 CO asks inappropraite questions

His father died: 2008-08-18

Retain Marc Ellis 2008-09

Visited Nigeria again: 2008-11-12

petitioned returned to CSC :2008-11-27

returned to USA 2008-12-13

His father buried 2009-01-03

picks up K1 visa Nov 2009

Marriage Dec 2009

take throne as Igwe /Lolo 2010 or 2011

Posted
Its best to contact the American Embassy in Germany. There may be an exception due to military service. I say "may", as I don't know, so I would check directly with the embassy.

Yep, contact the American Embassy in Germany rather than the USCIS. Tell them you plan to get married very soon. You do need to be married to do DCF.

My guess is that since you are not already married and he is already in the US, they won't be able to help you. But it doesn't hurt to ask! :)

My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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