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Filed: Timeline
Posted

First of all "Hello" everyone, I'm new to this forum (just registered) and I really hope to find a lot of answers here!

Ok, so here goes my story.

My wife and I met in Germany about five years ago - at the time she was living with her parents (US military stationed overseas) we were working together. I was hired as a "local national" but still working for the US government.

It's been over five years now and we've been married for three years.

We're both still working for the US government in Germany. However, we have decided to make a big change in our lives and move to the US.

I went through the residence permit (greencard) form not too long ago and there were a few things that concerned me.

First of all, there's a section where the sponsor (in this case my wife) has to provide her current US address where I supposedly will be living. How would that work while living overseas. She really doesn't have a US address besides the one's of her parents but she's not living there. The only US address we have is our military APO address for Germany.

Second confusion, in another section it asks for the income of the sponsor to verify that she can financially support me in the US. Here's the thing though - I currently make more than her over here. Specially that she's part time and I work full time, and she gets paid in USD and I get paid in EUR.

Also, if we're both trying to move to the US we would need to quit our jobs over here and apply for new ones in the states. I mean - if I do get my greencard approved we would obviously start applying for jobs while still in Germany so that by the time we would move to the states we could have some interview opportunities or maybe even a job since a lot of places conduct "phone"-interviews.

Another thing is that we would be staying with her father for the first few months until we get settled and find our own place.

That's why I'm really confused with those sections on the application.

If anybody has even more sections that might be a problem please mention them - I would really appreciate any kind of help and advice.

If you have any more questions about our situation to help determine what the best solution would be - feel free to ask!

Thank you in advance!!

S.

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

I think yours is little unique situation in most cases the spouse is in US and they need to show that they have enough funds to take care of their wife/husband.

I think since both of you are already living in Germany and have been married for 3 years would make u guys eligible for the DCF process, which should be faster and quicker and you might have not this issue in DCF process.

Filed: K-1 Visa Country: Wales
Timeline
Posted

DCF Germany

Use her parents address

Ask her parents to co sponsor.

“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: Other Timeline
Posted

You apply for an IR-1 visa via Direct Consular Filing (DCF) in Frankfurt. It's the smoothest and most elegant way to do this and once approved, you'll enter the US as a lawful permanent resident (LPR) and get your Green Card in the mail a week or two later.

You use your wife's US address. He parents' address will work just fine for this purpose.

The income requirement is only 125% of the poverty level. Your wife would have to make about $18,212 per year (not exactly sure) in order to support a family of two. Her US tax return will be the basis for this. If her income isn't enough, she' ll need a co-sponsor.

This entire process is straight forward and you should not anticipate any problems.

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: Timeline
Posted

well... it seems to me that pretty much everybody agrees on DCF!?

what exactly is that and where is it located?

@ JustBob, you said to apply for IR-1 Visa. Could you please explain a little more what that is exactly?

Also, you said 125% of the poverty level.

Right now my wife makes about 300-400 dollars every two weeks.

Maybe I should've added that we're about to become parents, so it would actually be three of us!

Here goes another question! What if she wouldn't be working at all since it would be me supporting us financially in Germany.

How would that work? would we need to use her dad as a co-sponsor?

thanks,

tha answers have been very interesting and helpful so far!

Filed: K-1 Visa Country: Wales
Timeline
Posted

You need a co sponsor, the child will most likely be a USC at birth.

“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.”

Posted

DCF stands for "Direct Consular Filing". What it means is that your process will be going to through the local US Consulate in the country you live in, in stead of thw US Service Center. There's a guide for the process here on Visajourney and you should look at the information on www.uscis.gov.

Your baby, since born to a USC mother, will be a US citizen regardless of whether he/she is born in Germany or in the US. For that, you can find more information on the US Department of State Website.

You will probably need a co-sponsor, since you will initially both be unemployed when you come to the US. I'm not familiar with DCF process, so you should just really familiarize yourself with the guides here and on USCIS site. Most of these questions should be addressed in those sources.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

***** Moving from K3 to DCF forum as K3 is dead as a visa and OP will most likely do the DCF process *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Timeline
Posted

Thanks for all the answers so far!!

so would I (we) still need to apply for an IR-1 visa?

What exactly is the difference between that one and the other forms?

But the I-130 and the I-864 are a MUST in my case! Right???

Honestly the few times I have called the Frankfurt embassy they've been pretty rude and not helpful at all..!!

everytime I ask them something they're like..."go on our website and read all the information there".

:(

Filed: K-1 Visa Country: Wales
Timeline
Posted

What did you think of the guides here and the information provided on the Consulate web site?

DIY is not for everyone.

“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: India
Timeline
Posted

well... it seems to me that pretty much everybody agrees on DCF!?

what exactly is that and where is it located?

@ JustBob, you said to apply for IR-1 Visa. Could you please explain a little more what that is exactly?

Also, you said 125% of the poverty level.

Right now my wife makes about 300-400 dollars every two weeks.

Maybe I should've added that we're about to become parents, so it would actually be three of us!

Here goes another question! What if she wouldn't be working at all since it would be me supporting us financially in Germany.

How would that work? would we need to use her dad as a co-sponsor?

thanks,

tha answers have been very interesting and helpful so far!

I am assuming things and you might want to check with consulate, since you 2 are married and are living togeather in Germany, and I am guesisng you are filing a joint income tax in Germany, that should take you guys above the pverty line.

Posted

Thanks for your question! :thumbs: I am thinking about moving to Germany for a few years and come back with my husband instead of waiting SOOOOO LONG for this K1 Visa. We will have to go through the same process! Please let me know if you find anything else of interest.

-CJ

GirlWithAGerman

Summer 2010 Summer Love in LA <3

Winter 2010 We're Engaged!

Spring 2011 Moved to Germany (The Plan is 2 Years)

Summer 2011 Eloped in Denmark.

Winter 2012 Sorry Germany... I Miss Home!!!

DCF

2.27.2012 I-130 Sent

3.16.2012 NOA 1

5.31.2012 NOA 2!! Approved!

6.4.2012 DS-230 Sent

6.6.2012 Checklist & Documents Sent

6.11.2012 Medical Appointment

6.14.2012 Requested More Documents -_-

6.18.2012 Sent More Documents

6.23.2012 Appointment letter received!

6.29.2012 Final Interview in Frankfurt!

7.4.2012 Happy 4th of July! The IV and super secret package are here!!!

7.29.2012 Flew Home!!!!!!!

8.6.2012 SSN Received

8.13.2012 Green Card Received

10.4.2012 Passed CA Driver's Test

Posted

I am assuming things and you might want to check with consulate, since you 2 are married and are living togeather in Germany, and I am guesisng you are filing a joint income tax in Germany, that should take you guys above the pverty line.

RE: Tax Returns: The USC would need to file "Married filed Separately" as would the German Citizen, because they are married but the German Citizen is and has been working (I'm assuming from what I've read here) in Germany and has no ties to the US other than a USC spouse. In the spot where it asks for the German Citizen's SSN you could write "N/A" or "NRA" (non-resident alien.) That's how I've filed my taxes. But things are different from case to case. This is what I believe the OP can do solely based on what I've read here.

Thanks for your question! :thumbs: I am thinking about moving to Germany for a few years and come back with my husband instead of waiting SOOOOO LONG for this K1 Visa. We will have to go through the same process! Please let me know if you find anything else of interest.

-CJ

The process IS long. I'm not saying that you should put off the process, but if you've started it already, by all means, finish it. That paperwork that you've already done is not something that will be used when you do the DCF process.

On the other hand, if you go to (come to - as I am here) Germany, you will get a chance to see your spouse's culture, meet their family, and enjoy the things that they've enjoyed for the last XXX-amount of years. The process to legally live in Germany is somewhat easier, if you're already married. Some people are lucky (as I was), and some are not.

If moving to Germany is something you are seriously considering, I would recommend referring to this website as it has many invaluable resources: www.toytowngermany.com

I am the USC, my husband is German.

I resided in Germany from July 2008-October 2013.

I have two stepsons who are staying in Germany.

Our son was born 3/3/2012 and our daughter was born 4/4/2015.

DCF STARTED!MAY 14, 2013: I-130 Petition sent to Frankfurt as registered mail w/ return receipt!

MAY 15, 2013: Mail signed for in Frankfurt. NOA1

MAY 21, 2013: Return receipt came back in the mail.

MAY 25, 2013: $420 Petition fee was charged to our credit card.

MAY 25, 2013: NOA1 paperwork received in the mail.

JULY 12, 2013: NOA2 received.

JULY 13, 2013: NOA2 sent back.

AUG 15, 2013: Packet 3 sent in.

AUG 30, 2013: Husband's medical in Berlin.

SEPT 12, 2013: Received letter with husband's interview date!

SEPT 19, 2013: INTERVIEW. APPROVED!!

SEPT 21, 2013: Visa received.

OCT 5, 2013: POE in Newark, NJ (layover).

DEC 17, 2013: SSN Card finally arrived!

DEC 19, 2013: Husband (beneficiary) got his first job in the USA! And he loves it!

DEC 28, 2013: Green card arrived!

FUTURE: Visas for my stepsons!

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

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