Moving to the USA with German Wife! :D

[michaelandcarina 0]

Hi,

My name is Michael. I'm a US citizen living in Munich, Germany.

My wife, Carina, is German, and we've been married since July 23rd, 2008. We married in Virginia in my hometown, but moved to Germany soon thereafter because my wife could not stay in the USA.

Now we are preparing to go back!

What form do I need to fill out, the K3 or the I130? Is there a difference? Also, could anyone give me any extra tips? Does anyone have an idea of how long it will take for a spouse to be approved for a visa if filed for a German national in Germany?

Thank you, as any help would be much appreciated. I will check here periodically and you can also contact me via email. michael_and_carina@yahoo.com

Good luck to everyone else!

Michael

[canadian_wife 1,823]

So you are living in Germany, then you can probably qualify for Direct Consular Filing which will save you heaps of time

http://www.visajourney.com/content/dcf

You'll need to prove you are a legal resident of Germany plus you intend to move back to the US no later than your wife (as in your wife cannot move first without you). Some consulates, like Montreal, are really strict about this last part, I'm not sure about Germany though

Yes, there is a HUGE difference between the K3 and the I-130. Most importantly being the I-130 is a petition and the K3 is a visa. Also, the K3 is no longer an option.

Begin reading the guides. The DCF guide above and the I-130 guide below

http://www.visajourney.com/content/i130guide1

Good luck

[Boiler 45,731]

Why couldn't your wife stay in the US?

[michaelandcarina 0]

Why couldn't your wife stay in the US?

Hello,

My wife and I have been in an ongoing relationship since we were very young (December 2003; she was 13, I was 15 - young love <3), and for a long time it was long-distance as we were so young.

We visited each other over the years, but when she visited me in May 2008 we decided to have a courthouse marriage before she left because we were sick of being apart. I was 20 at the time and she was 18. It was admittedly rash, but we were young and in love - we still are.

Anyway - please stay with me a bit longer - she did not leave the USA when her 90 days were up and we immediately tried pursuing ways of making her a legal resident. We filled out visa applications, had medical exams done, thinking on the advice of many that we were following proper procedure. But I lost my job and we moved to Germany in December 2008 because I was offered a job as an English teacher. When we moved, we had no idea that we had violated any sort of visa waiver program.

Now we are moving back to the United States and going through the visa application process, and by and by I came upon this about the 90-day waiver violation. Will this be a problem, though it was violated unknowingly? Nothing was said to us about it when we left and went through customs. Thank you. Any references would be helpful, as well as any possible solutions.

Michael

So you are living in Germany, then you can probably qualify for Direct Consular Filing which will save you heaps of time

http://www.visajourney.com/content/dcf

You'll need to prove you are a legal resident of Germany plus you intend to move back to the US no later than your wife (as in your wife cannot move first without you). Some consulates, like Montreal, are really strict about this last part, I'm not sure about Germany though

Yes, there is a HUGE difference between the K3 and the I-130. Most importantly being the I-130 is a petition and the K3 is a visa. Also, the K3 is no longer an option.

Begin reading the guides. The DCF guide above and the I-130 guide below

http://www.visajourney.com/content/i130guide1

Good luck

Thank you so much. I have been looking through so many guides today I was admittedly too lazy to look. Sorry!

But thank you for pointing out the information.

Mike

[Boiler 45,731]

It sounds like her overstay was less than 180 days so you will not need a waiver.

[michaelandcarina 0]

It sounds like her overstay was less than 180 days so you will not need a waiver.

Well, she arrived in Virginia at the tail end of May and we left on December 31st, 2008.

Still, that won't affect our visa process in a negative manner if we are honest and upfront, will it?

[Darnell 8,478]

*** not a K-3 visa topic, moving to IR-1/CR-1 forum, for now, but prolly best moved to DCF forum, later ***

[Boiler 45,731]

Well, she arrived in Virginia at the tail end of May and we left on December 31st, 2008.

Still, that won't affect our visa process in a negative manner if we are honest and upfront, will it?

Not by my calculations, she overstayed about 4 months.

[michaelandcarina 0]

Not by my calculations, she overstayed about 4 months.

Question -

Do I HAVE to use a birth certificate, or does passport work?

[Boiler 45,731]

Your wife will need both, I think you just need a birth certificate, the forms will say.

[Darnell 8,478]

Question -

Do I HAVE to use a birth certificate, or does passport work?

Passport on US Citizen is fine. - when filing the I-130, show PHOTOCOPY of it, in lieu of birth certificate photocopy.

Have you decided to file the I-130 directly to Frankfurt yet, or not decided which method of filing to use?

Edited August 16, 2010 by Darnell

[tokyo.lovers 6]

yeah if you qualify submit it directly to the consulate. then you can have the visa in only a few months!

[Mithmeoi 29]

I agree with everyone here, file a DCF (that's what we did), they are much faster and you two will be able to move back sooner and not be apart.