DCF expiration questions

[medved 0]

I tried a quick search with no results.

I am an American government employee (not military) being reassisgned (on orders) to Germany, my fiancee works in South Korea (where we will be married this summer)But is a Russian citizen. After she gets the needed visa from the German government and we're together in Germany, we start the DCF process and get everything approved how long is everything good for?

I will be assigned to Germany for 3-5 years and it maybe a couple of years before we return to the U.S, so here are some of the questions;

1) if she doesn't enter the U.S within the time frame (6 months I think) does everything expire?

2) let's say she does com to the U.S for vacation before the visa (green card) expires and then returns to Germany with me for 2 years-would that void everything since she would be out of the U.S for over 1 year?

3) Is there some type of exception for spouses of federal employees as far as the expiration dates go?

It could get expensive sending her back to the U.S every year so she can get the "entry stamp".

[Anh map 2,098]

Once you have a good idea of when you will be relocating to the US from Germany plan the DCF process accordingly. Just because you will be married this summer doesn't mean you have to apply for the spouse visa this year. Do it several months in advance of your relocation back to the US.

[YuAndDan 153]

DCF process results in a CR-1 or IR-1 spouse visa, typically valid for 3-6 months.

The resulting visa is to allow entry, and then permanent residency in the USA, the resulting green-card is for living in the USA, not for living elsewhere.

[Christi85 86]

I tried a quick search with no results.

I am an American government employee (not military) being reassisgned (on orders) to Germany, my fiancee works in South Korea (where we will be married this summer)But is a Russian citizen. After she gets the needed visa from the German government and we're together in Germany, we start the DCF process and get everything approved how long is everything good for?

I will be assigned to Germany for 3-5 years and it maybe a couple of years before we return to the U.S, so here are some of the questions;

1) if she doesn't enter the U.S within the time frame (6 months I think) does everything expire?

2) let's say she does com to the U.S for vacation before the visa (green card) expires and then returns to Germany with me for 2 years-would that void everything since she would be out of the U.S for over 1 year?

3) Is there some type of exception for spouses of federal employees as far as the expiration dates go?

It could get expensive sending her back to the U.S every year so she can get the "entry stamp".

1) Yes, if the visa is not used within the allocated 6 months, it expires and you'd have to start over from scratch for a new visa.

2) A spouse visa leads to Legal Permanent Resident status (green card), therefore it is expected that upon entering the US with such a visa, she's entering as a permanent resident with the US as her principal domicile. Being out of the US for anything more than 6 months in any given year can trigger questions and potentially put her PR status at risk. Being out of the US for more than a year equals losing her PR status, unless she applies for a re-entry permit before attempting to re-enter the country. Even with this option, it's not recommended that she stays outside the US for any extended period of time if she's entered as a permanent resident, as she'll be risking her status anyway.

3) Unfortunately not.

Like anh map said, if you're going to be in Germany for the next couple of years and none of you is going to live in the US now, what's the rush in getting her a spouse visa at this point?

Until you're ready to apply for a spouse visa for her, she can possibly apply for a visitor's visa just to be able to accompany you to any visits to the US.

[Sergi9 110]

1) Yes, if the visa is not used within the allocated 6 months, it expires and you'd have to start over from scratch for a new visa.

2) A spouse visa leads to Legal Permanent Resident status (green card), therefore it is expected that upon entering the US with such a visa, she's entering as a permanent resident with the US as her principal domicile. Being out of the US for anything more than 6 months in any given year can trigger questions and potentially put her PR status at risk. Being out of the US for more than a year equals losing her PR status, unless she applies for a re-entry permit before attempting to re-enter the country. Even with this option, it's not recommended that she stays outside the US for any extended period of time if she's entered as a permanent resident, as she'll be risking her status anyway.

3) Unfortunately not.

Like anh map said, if you're going to be in Germany for the next couple of years and none of you is going to live in the US now, what's the rush in getting her a spouse visa at this point?

Until you're ready to apply for a spouse visa for her, she can possibly apply for a visitor's visa just to be able to accompany you to any visits to the US.

I think if you do not know the answer , then maybe just say so, instead of giving the impression you do know.

OP should check the USCIS website, yes there are exceptions for Goverment workers overseas to the regular physical presence requirements

Continuous Residence and Physical Presence Requirements for Naturalization

The law generally requires that applicants for naturalization must have resided continuously in the United States during a period of 5 years before applying (3 years in the case of qualified spouses of U.S. citizens). Applicants are also generally required to have been physically present in the United States for at least half of that required period of time. For more information about the continuous residence and physical presence requirements for naturalization, follow the related links to the right.

Section 316 paragraphs (b), ©, and of the Immigration and Nationality Act allow certain exceptions to the continuous residence requirement in the case of applicants who will be working abroad as employees of the United States government or its contractors, or of a recognized American institution of research, public international organization, or organization designated under the International Immunities Act. For details, see the links to the right. For lists of those organizations formally recognized by USCIS, follow the ‘List’ links to the right. For details regarding eligibility see the “Immigration & Nationality Act Residence and Physical Presence Requirements” links and “Continuous Residence Regulations” link to the right. For lists of those organizations formally recognized by USCIS, see the ‘List’ link to the right.

If you seek to preserve your continuous residence for naturalization purposes while employed abroad by one of these recognized institutions you must also file an Application to Preserve Residence for Naturalization Purposes (Form N-470) with USCIS, except that qualified U.S. Government employees are exempt from the N-470 filing requirement. See the related information links to the right.

An organization may obtain USCIS recognition as an American institution of research for the purpose of preserving the continuous residence status of its employees who are, or will be, naturalization applicants assigned abroad for an extended period of time. The requesting organization should follow the instructions contained in the link ‘Requesting Recognition as an American Institution of Research’ to the right.

[Christi85 86]

I think if you do not know the answer , then maybe just say so, instead of giving the impression you do know.

OP should check the USCIS website, yes there are exceptions for Goverment workers overseas to the regular physical presence requirements

Continuous Residence and Physical Presence Requirements for Naturalization

The law generally requires that applicants for naturalization must have resided continuously in the United States during a period of 5 years before applying (3 years in the case of qualified spouses of U.S. citizens). Applicants are also generally required to have been physically present in the United States for at least half of that required period of time. For more information about the continuous residence and physical presence requirements for naturalization, follow the related links to the right.

Section 316 paragraphs (b), ©, and of the Immigration and Nationality Act allow certain exceptions to the continuous residence requirement in the case of applicants who will be working abroad as employees of the United States government or its contractors, or of a recognized American institution of research, public international organization, or organization designated under the International Immunities Act. For details, see the links to the right. For lists of those organizations formally recognized by USCIS, follow the ‘List’ links to the right. For details regarding eligibility see the “Immigration & Nationality Act Residence and Physical Presence Requirements” links and “Continuous Residence Regulations” link to the right. For lists of those organizations formally recognized by USCIS, see the ‘List’ link to the right.

If you seek to preserve your continuous residence for naturalization purposes while employed abroad by one of these recognized institutions you must also file an Application to Preserve Residence for Naturalization Purposes (Form N-470) with USCIS, except that qualified U.S. Government employees are exempt from the N-470 filing requirement. See the related information links to the right.

An organization may obtain USCIS recognition as an American institution of research for the purpose of preserving the continuous residence status of its employees who are, or will be, naturalization applicants assigned abroad for an extended period of time. The requesting organization should follow the instructions contained in the link ‘Requesting Recognition as an American Institution of Research’ to the right.

My dear, some politeness never hurts. I always say I don't know the answer if I don't, I'm not embarrassed to admit ignorance, thank you very much .

I read what you posted very carefully and I still can't see where is the exception for the SPOUSE of a US citizen that the OP enquired about. Yes, the OP is a federal employee and he is clearly considered as US domiciled for all immigration-related purposes, but it's his SPOUSE, not him who's looking to immigrate/maintain PR status in the US and who will have to prove continuous US residence.

You may be right in your advice that there can be an exception, but this isn't clearly stated anywhere in the excerpt you posted as far as SPOUSES are concerned.

[medved 0]

I think I found what I was looking for;

"Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including the military, or other qualifying employer, whose spouse is stationed abroad in such employment for at least 1 year, may be eligible for naturalization under Section 319(b) of the INA.

In general, a spouse of a U.S. citizen employed abroad must be present in the United States pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application and at the time of naturalization, and meet of all of the requirements listed above except that:

No specific period as a permanent resident (green card holder) is required (but the spouse must be a permanent resident)

No specific period of continuous residence or physical presence in the United States is required

No specific period of marital union is required; however, the spouses must be living in marital union.

Note: You must also establish that you will depart abroad immediately after naturalization and that you intend to reside in the United States immediately upon the termination of your spouse’s employment abroad."

[Sergi9 110]

My dear, some politeness never hurts. I always say I don't know the answer if I don't, I'm not embarrassed to admit ignorance, thank you very much .

I read what you posted very carefully and I still can't see where is the exception for the SPOUSE of a US citizen that the OP enquired about. Yes, the OP is a federal employee and he is clearly considered as US domiciled for all immigration-related purposes, but it's his SPOUSE, not him who's looking to immigrate/maintain PR status in the US and who will have to prove continuous US residence.

You may be right in your advice that there can be an exception, but this isn't clearly stated anywhere in the excerpt you posted as far as SPOUSES are concerned.

You are right I cut and pasted the wrong part of the explanation from the USCIS website, family members of military and government contractors qualify for similar benefits while sponsor is overseas, otherwise the system would be extremely hostile to family reunification and rapid relocation due to deployments and transfers. But it looks like the OP navigated to the spouse part.

No intent to be rude, but here is what concerns me and frankly its not you that I am talking to its other posters on here who do not read the questions jump in and then post a response often not accurate, or send the petitioner in the wrong direction.

Its not possible for one person to know all circumstances and exceptions in immigration law, because each case is different. I think it is important though that special circumstances be parsed out because largely many of the cases on this board are similar on the face but quite different in the details. A postponed application based on wrong info in this example could delay an important and substantial benefit to this OP's wife, US Citizenship.

Edited March 2, 2011 by Sergi9

[medved 0]

You are right I cut and pasted the wrong part of the explanation from the USCIS website, family members of military and government contractors qualify for similar benefits while sponsor is overseas, otherwise the system would be extremely hostile to family reunification and rapid relocation due to deployments and transfers. But it looks like the OP navigated to the spouse part.

No intent to be rude, but here is what concerns me and frankly its not you that I am talking to its other posters on here who do not read the questions jump in and then post a response often not accurate, or send the petitioner in the wrong direction.

Its not possible for one person to know all circumstances and exceptions in immigration law, because each case is different. I think it is important though that special circumstances be parsed out because largely many of the cases on this board are similar on the face but quite different in the details. A postponed application based on wrong info in this example could delay an important and substantial benefit to this OP's wife, US Citizenship.

спасибо

[Christi85 86]

You are right I cut and pasted the wrong part of the explanation from the USCIS website, family members of military and government contractors qualify for similar benefits while sponsor is overseas, otherwise the system would be extremely hostile to family reunification and rapid relocation due to deployments and transfers. But it looks like the OP navigated to the spouse part.

No intent to be rude, but here is what concerns me and frankly its not you that I am talking to its other posters on here who do not read the questions jump in and then post a response often not accurate, or send the petitioner in the wrong direction.

Its not possible for one person to know all circumstances and exceptions in immigration law, because each case is different. I think it is important though that special circumstances be parsed out because largely many of the cases on this board are similar on the face but quite different in the details. A postponed application based on wrong info in this example could delay an important and substantial benefit to this OP's wife, US Citizenship.

That's more like it

I want to believe that nobody in here responds to a thread with the intention to misinform the original poster. At least I don't.

But sometimes people do make mistakes and it's good if someone who knows better can jump in and provide more accurate info.

To the OP - I guess that's good news for you then