Colombian married American.......

[BethandBilly 86]

A friend of my husband recently married a girl from Colombia, they want to get her a Greencard, but he is currently working in Germany. From what I have been told Germany won't allow her a visa to even travel to Germany, so they want to know can she get a Greencard, stay in the US for a few months and then go to Germany? If so when can she apply for citizenship, will she have to wait two years to get her 10 year card or can she do Expedited Naturalization based on him working overseas but not military?

[aaron2020 11,651]

A friend of my husband recently married a girl from Colombia, they want to get her a Greencard, but he is currently working in Germany. From what I have been told Germany won't allow her a visa to even travel to Germany, so they want to know can she get a Greencard, stay in the US for a few months and then go to Germany? If so when can she apply for citizenship, will she have to wait two years to get her 10 year card or can she do Expedited Naturalization based on him working overseas but not military?

US green cards are for reuniting families in the US. A green card will not work in this situation since she is not coming to the US to live here with her husband.

First, he needs to have a US domicile. Where is his legal resident? What type of visa does he have for Germany?

She can apply for US citizenship after 3 years of marriage to a US citizen prior to filing, living with the US citizen spouse for 3 years prior to filing, and have a green card for 3 years.

She will not be able to expedite US citizenship simply because she wants to live in Germany.

A green card is for living in the US, so living in Germany will cause her to lose her green card.

If your friend has a legal means to live and work in Germany, then why can't he get his wife a derivative visa based on his status? A tourist visa would not be derived from his status.

[JohnR! 5,495]

If you plan to join him in Germany you need to address those issues with the German consulate in Colombia. You may wish to attach your marriage certificate to the request so that they know you're traveling to join your husband there.

After you receive your greencard, you will need to be a resident in the US for a minimum of three years before you can apply for naturalization, based on marriage.

At this point it would seem the best course of action is for you to try and join your husband in Germany and then think about the greencard when both are ready to move back to the US.

Good luck!

Edited September 10, 2012 by Gegel

[BethandBilly 86]

Well he is an American born and raised, his job with the US Government takes him to Germany. He married his girl in Colombia a few months ago. From what I understand she has been refused a visitors visa to Germany. Her husbands legal residence is Louisiana, although he is posted to Germany. Would it help if he had her put on his orders? She is pushing him to do the CR-1 and to start renting an apartment in Germany. He asked me if she would need a 10 year green card before she could apply for citizenship, or because he is on Government orders (not military) that she could get her GC and then applied for the 319(b)? She is pushing him to do it all, but he doesn't have a clue where to start. Expedited Naturalization under 319(b) allows the GC holder to waive the residency requirements, so now just wondering if she will need her 10 year GC and will she need the Travel Document to allow her to be overseas for up to 2 years?

I'm a Naturalized Citizen, expedited but I had a 10 year card.

Edited September 10, 2012 by BethandBilly