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Filed: Timeline
Posted (edited)

Hi, everybody!

I am completely new to all this. After days of reading, I could not get everything together nor do I have a final concept of how things work.

I am marrying a U.S. citizen in my home country Germany. We want to live in both countries from time to time, especially in the beginning.

So, my question is: Is it possible for me, having never visited USA myself, to apply for perm resident status, while in Germany and become permanent resident, while in Germany, without a need to be in US, waiting for status adjustment?

We want to stay in Germany for couple of years, and then, if it still will be our wish, to go to U.S. and stay there for a year.

To, simplify the question: I want to become U.S. permanent resident, while out of country (in Germany). I don't want a citizenship, only residency. Possible?

Thank you for your help and time!

John

Edited by hundert
Filed: AOS (pnd) Country: Iran
Timeline
Posted (edited)

No you cannot do this. Once you are approved for permanent residency (via the I130 which your spouse will have to file on your behalf), you must move to and live in the U.S. or you will lose the residency status. Residency is all contingent on where you live. You are allowed to leave the U.S. for periods of time (I'm not sure what the max is - I think it's 6 months at a time?), but your primary residence must be in the U.S. once you have the permanent residency.

However, to answer your first question, you will stay in Germany while waiting for the approval of your CR1/IR1 (permanent residency). Look at the guides for this.

Edited by childress_london

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Posted
To, simplify the question: I want to become U.S. permanent resident, while out of country (in Germany). I don't want a citizenship, only residency. Possible?

The simple answer is: "No, you can not obtain permanent residency status while living in another country - just not possible" Much like I can not obtain German residency while living in Texas.

Since you both are living in Germany - at least it sounds like it - your best bet is to live your lives there until get ready to move to the US - several months before this time, your Wife could file what is called DCF (Direct Consular Filing (DCF) ) - then, once this is approved, you could enter the us and obtain the PR/Green Card (Permanent Residency) shortly after arriving in the US.

:thumbs:

Filed: Timeline
Posted (edited)

Thank you, you were very nice to me answering my question so fast.

So, what is then the longest possible time for me to stay in Germany until moving to US? DCF seems short. Given that I am applying for residency status right after marriage?

Tell me, what are my choices:

K3 or DCF? Or is there anything else?

Edited by hundert
Posted (edited)
Thank you, you were very nice to me answering my question so fast.

So, what is then the longest possible time for me to stay in Germany until moving to US? DCF seems short. Given that I am applying for residency status right after marriage?

Tell me, what are my choices:

K3 or DCF? Or is there anything else?

Well, as stated - if you guys plan to live in Germany for a couple of years - there is nothing you would need to do immediately. DCF will be your best option when the time comes.

For a good overview of some of the differences, check out the What Visa Do We Need? , I think you will find it very useful.

Edited by Otto und Karin
Posted
Ok, thank you Otto oder Karin :). Danke schoen!

I think the thread can be closed now. Thank you for help once again, everyone!

No problem - glad to be of assistance.

There is a lot to learn at first - once you get headed in a certain direction it tends to get easier to learn. The people here on VJ are very helpful and the guides are probably the best there is. :thumbs:

Filed: Citizen (apr) Country: Canada
Timeline
Posted

thread closed at the OP's request

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