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Filed: Lift. Cond. (pnd) Country: Japan
Timeline
Posted

Thank you very much for the good wishes. As the days go by, the level head comes in to play and the emotional shock subsides. Moving forward now...

---

Quick questions about DCF - I like that route, and am working on that, but ran across this statement in an add from here Visa Web Page

<deleted stuff>

When in doubt, always check with the US Embassy website in the country where you want to attempt a DCF. I found this:

http://germany.usembassy.gov/visa/iv/step2/

Specifically:

I-130: Petition for Alien Relative

(Immediate Relatives & Family Based)

Is your permanent residence in Germany? YES Please file your I-130 petition with USCIS in Frankfurt.

NO You are required to file your petition in the U.S.

• Please read the instruction for completing the I-130 for exact details on how and where to file.

The bolded line is a link to here:

http://germany.usembassy.gov/visa/uscis/i130/

That contains everything you need to know for a DCF in Frankfurt Germany.

Hope this helps!

Mike

Relationship Timeline:

07/19/2003 - Met here in the US and just clicked

05/2004 through 08/2009 - many trips back and forth by both of us, phone calls, care packages, etc.

02/14/2008 - Engaged (she was here in the US for Valentines Day so I figured make it official :))

11/21/2009 - Married with a few friends and some family in attendence.

CR1 Timeline:

01/12/2010 - I-130 Packet Sent

<interviening stuff deleted as signature is finite in length>

08/30/2010 - Interview completed, visa granted.

08/31/2010 - Visa in hand!

09/07/2010 - Arriving Seattle.

09/17/2010 - Received SSN.

10/01/2010 - Received green card.

Removal of Conditions:

06/06/2012 - Mailed I-751

06/12/2012 - Got back I-751 as "too early"

06/13/2012 - Re-mailed I-751

06/18/2012 - NOA1

07/13/2012 - Biometrics Appointment letter received (scheduled for 08/06/2012)

08/06/2012 - Biometrics completed.

Filed: Other Timeline
Posted

When did your wife overstay and how long? (I could swear I asked that question at least twice before. I speculated, but you never answered it.)

If it comes to the point where you need a waiver, don't fool around with the German attorney, but consult Laurel Scott, who successfully does nothing BUT waivers and be confident that she knows how to do her job.

As I stated before, I think you are in pretty good shape, even if you need a waiver.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: K-1 Visa Country: Wales
Timeline
Posted
but it will be very difficulty to say that staying in Germany is a hardship. As the lawyer said, if my wife was in a third world country or somewhere that she was endangered, or homeless without a chance where she was, then the chances of getting a waiver would be greater, but coming from a European country it will probably not happen, so we are looking at a three year wait.

This suggests to me that you saw a lawyer who does not do very many waivers.

Logically that sounds like it should be right. Reality is different.

By far the easiest is Mexico, I guess a 2nd World Country. In the next category I would put Consulates such as Frankfurt.

It is an English Comprehension test, you need a document that says the right things whether they are particularly true or not. You have a choice, DIY if you are of the ilk that will do the research or if you appoint a Lawyer make sure it is one who does this for a living, not a sideline.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted (edited)

This is the course of action now -

File I-130

After that is approved, file I-485

Sorry, this only works, this combination of forms, IF she is already IN the USA.

If she's not in the USA, toss the I-485, in toto.

Stick solely with I-130 petition, filed to the lockbox in Chicago, then do NVC processing, handle any waivers at the Consulate/Embassy, and go forth. When/If successful, will be an IR-1 visa - she'll receive a 10 year Green Card after she arrives in USA.

IF you still qualify for Direct Consular Filing, then can file an I-130 to Frankfurt, instead of Chicago.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: IR-1/CR-1 Visa Country: Germany
Timeline
Posted

When did your wife overstay and how long? (I could swear I asked that question at least twice before. I speculated, but you never answered it.)

If it comes to the point where you need a waiver, don't fool around with the German attorney, but consult Laurel Scott, who successfully does nothing BUT waivers and be confident that she knows how to do her job.

As I stated before, I think you are in pretty good shape, even if you need a waiver.

Hello again,

My wife arrived Aug. 17, 2009 and left June 24, 2010, so she is more than six months and less than a year. The punishment for such a violation is 3 years ban on entry in to the US. Thanks for the advice about the lawyer. I had consulted a US lawyer, and had planned to return to him for the waiver, but no contract or committment so I will look in to using the services of Laurel Scott. I have read that name often. According to the lawyer I saw, a hardship waiver for someone in Germany is very hard to get approved.

Here are a few other answers to replies:

If she's not in the USA, toss the I-485, in toto.

Why? Everything I have read as well as info here and from the advice of a lawyer indicates that the I-485 needs to be filed in this case. That way my wife will get an interview in Frankfurt, where she will be denied a visa due to her ban on entry in to the US for three years. Then a waiver can be filed. From what I have been told, a waiver cannot be filed until the I-485 is denied. Please correct me if I am wrong. As far as DCF - after weighing all things, including MY bonafide residence at the current moment I decided to mail the I-130 to the Chicago lockbox, which I did this afternoon. I more or less have two bonafide residences at the moment and for the foreseeable future, but it appears that governments don't recognize that or they can't or don't want to deal with it. So much for globalization :-)

It is an English Comprehension test, you need a document that says the right things whether they are particularly true or not. You have a choice, DIY if you are of the ilk that will do the research or if you appoint a Lawyer make sure it is one who does this for a living, not a sideline.

Yes, I will leave this up to a lawyer. I do not understand modern burocrats and I would not be successful on my own.

Thanks again everyone, I can't wait for the check to clear then I know that at least the paperwork is sitting in a big pile on someone's desk in Nebraska.

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted (edited)

If she's not in the USA, toss the I-485, in toto.

Why? Everything I have read as well as info here and from the advice of a lawyer indicates that the I-485 needs to be filed in this case. That way my wife will get an interview in Frankfurt, where she will be denied a visa due to her ban on entry in to the US for three years. Then a waiver can be filed. From what I have been told, a waiver cannot be filed until the I-485 is denied. Please correct me if I am wrong. As far as DCF - after weighing all things, including MY bonafide residence at the current moment I decided to mail the I-130 to the Chicago lockbox, which I did this afternoon. I more or less have two bonafide residences at the moment and for the foreseeable future, but it appears that governments don't recognize that or they can't or don't want to deal with it. So much for globalization :-)

----

yup - I said that. I know of no 'just reason' to file the I-485.

Let's see -that's for AOS casefiles - and is no reason to file for AOS - she's already back in Germany, doesn't qualify.

2nd- that form isn't used overseas - it's used in the USA.

3rd - ya don't qualify - as she's already come in to the USA on CR-1 visa.

4th - IF she had stayed in the USA, then is some SLIGHT possibility to file for another AOS case - using both the I-130 and the I-485, even with her prior status - I see that, really clearly - but - she's not here, and she doesn't qualify based on presence (IE - she's not IN USA).

But hey - I'm trainable - if I'm wrong, I'm wrong - I don't see how she'd even qualify for anything with the I-485 - she can't legally enter the USA - IMO, the I-485 requires presence in the USA, which she doesn't have, and can't get, currently.

My wife has an appointment Friday at the consulate in Frankfurt, but after reading through this forum, it doesn't look very good for any humane decision to come from the Immigration people. IF SHE WAS TOLD, DIRECTLY by Consular Officials, US Citizen, to file an I-485, then I'll scratch my head, and say ' OK ' ! Otherwise, sorry, I don't see how she qualifies to file an I-485.

I'd say file the I-130 to the lockbox in Chicago (good, ya've done that already) then wait it out, do the NVC processing, get some speed using the online payment portal, and then when she goes in for that interview in Frankfurt, and IF she's denied, then file the waiver.

and that's really all I have to say about that, truly !! (But don't forget, I'm trainable, if you get some info on how and why she'd qualify to file an I-485, by all means, post back here, and I'm happy to eat some crow pie about this).

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

I would ditto Darnell, she will get an Immigrant Visa, no need to adjust, nothing to adjust to as she will be there.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Germany
Timeline
Posted

Thanks for the last two replies, (as well as all of the rest)

In Frankfurt, the advise was to file the I-485, starting with the I-130 of course. They suggested that we do them concurrently. Of course they knew that my wife was in Germany and I was in the US. (No discussion about DCF because my wife did not bring it up and the officer (whatever they are at the service window) thought I was bonafide in the US and had no bonafide resident in Germany.

The lawyer I consulted with also said that is the way to go. Both places said there is no way we could get a visa since my wife is under penalty (entry ban) for three years. They just said there is no way a visa, immigrant or non-immiigrant visa would be granted at this time. At the consulate in Germany my wife told me he said "no way in hell would a visa be approved or issued for her." I am still trying to figure out if he told her that in English or German. :-)

I agree somewhat with all that you say about different reasons not to use the I-485. I thought that by using a I-130 with an I-129f I would get her to the US quickly, then we do the I-485 once she is here, but the majority of opinion is against that, most importantly the consulate in Frankfurt and the attorney I consulted, (don't count the USCIS officer I visted here in the states, that was one of the biggest wastes of time in my life.) I still do not understand why, except for the "fact" that there is "no way in hell" that any visa would be approved.

Thanks for the thoughts...

Filed: Other Timeline
Posted

Of course this is no AOS case anymore. It will be an entirely new petition for an immediate relative of a USC. The German lawyer gave wrong advice, which is kind of scary since it's knowledge from Immigration 101, first week.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: IR-1/CR-1 Visa Country: Germany
Timeline
Posted (edited)

Of course this is no AOS case anymore. It will be an entirely new petition for an immediate relative of a USC. The German lawyer gave wrong advice, which is kind of scary since it's knowledge from Immigration 101, first week.

Hello,

thanks, I think?? (I am going further and further down the confusion path.)Small point, the lawyer was here in the US. The info from Frankfurt consulate was just a person at the service window, just as the person here in the US at my local USCIS office. They all three said the same thing basically, file the I-130 and the I-485.

Personally, I think they are all wrong, because there is no AOS if she is in Germany. I would think that after I-130 approval, a Form I-129f. However, the joker is the three year waiting period, and the necessary filing of a waiver. That is one reason that I did not file the I-485 concurrently with the I-130, I am not %100 convinced that filing the I-485 under the present circumstances is the way to go. The filing of I-130 is the correct first step I am sure however, that is the start of everything.

Thanks

Edited by wshc
Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

K-3 Visa ? Oh No !

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

In Frankfurt, the advise was to file the I-485, starting with the I-130 of course

If this worker is a US Citizen, that the advice came from, then I smell some malfeasance, and YOU should contact one of the Inspector General's Offices to complain.

If it wasn't a US Citizen - hey - just chalk it up to really bad advice from a foreign worker.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted (edited)

----

I thought that by using a I-130 with an I-129f I would get her to the US quickly, then we do the I-485 once she is here

Oh My. This was initial thinking, right ? You've changed yer mind, considerably, yes? since then ?

First, is useless to file an I-129F. K-3 visa just isn't do-able anymore.

Second, If a I-130 petition is filed, then she'll receive an IR-1 visa, which will culminate in a 10 year green card, once she is in the USA.

Third - NO ONE FILES an I-485 who's come in, from outside the USA, on an I-130 petition filed to the lockbox in Chicago. There is simply no need for that, as the I-130 petition allows the foreign spouse to apply for a CR-1 or IR-1 visa (during NVC processing) with an interview for said visa at the US Embassy in Frankfurt. Once she hits US Soil, the 'entering' automatically triggers Green Card Issuance - with no other 'thing to do'.

IMO, the 'scope of needability' for the I-485 is nil, for your wife, as she's not in the USA, and WHEN SHE COMES IN, she'll come in on an IR-1 visa, is no need to file an I-485 after she arrives in USA.

But hei - like I said, I'm trainable. If you can tell me exactly WHY she needs to follow up with an I-485 whilst she's OUT OF THE USA, I'm easily swayed.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

----

However, the joker is the three year waiting period, and the necessary filing of a waiver.

I think , for you, will be less than 3 years, if you file the waiver. Have the waiver ready on interview day.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: IR-1/CR-1 Visa Country: Germany
Timeline
Posted

Yes, I follow your logic. I have read the links you mentioned several times.

Here is the biggest problem with the requirements of the CR1 (and yes, the idea about the K3 is now dead thanks to the good input and information provided here.)

Quote from here: travel.state.gov

Ineligibilities for Visas - What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility and what the waiver process is. You can see the complete list of ineligibilities by clicking on Classes of Aliens Ineligible to Receive Visas.

Where does a waiver play a role here? Personally I think any waiver should be requested BEFORE or at the same time as the I-130. That would save a lot of time and trouble. If there is no way to get a waiver I need to know now, not months from now. But that is not the way it is.

Thanks

 
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