US citizen living abroad wants to bring spouse to USA

[edeltraut 0]

Hello,

I am a US citizen interested in bringing my husband (of over 2 years) to the US, and I am really confused by the visa application process.

Since we currently reside in Germany, I think I have to file the I-130 here. However, I plan to move back to the US in December. While his visa is processing, we plan on going on an extended vacation in another country (because we don't want to wait here). I had looked into getting him a K-3 visa, but it looks like that means he can't leave the US for an extended time. Ideally, we'd like to travel around outside the US for 2-3 months.

So, my questions are:

Do we have to either wait in Germany or the US while his visa is being processed? Can we travel?

Can he come to the US for a short vacation while the visa is being processed? (Again, with no intention to overstay the 90 /180 limit of the VWP).

or

What is the best way to bring a foreign spouse to the US, without having to live apart?

I appreciate any responses.

[Penguin_ie 5,996]

The K3 is obsolete, forget it. The CR-1 is definitely what you want, and it allows travel too.

Yes, you can file the I-130 now at the US embassy in Frankfurt so it starts processing before you even leave for the USA and the process will continue after you leave. He can have his interview in Frankfurt without you, not a problem. With DCF (filing for the IR-1 spousal visa directly with the embassy), timelines are unpredictable, as some embassies are much faster than others. For example, it took me only 6 weeks, but that is fast even for DCF, so don't expect for him to be able to immigrate with you to the USA in December- it is possible if you file now, but unlikely.

During the process, he can visit you in the USA with the Visa waiver, but he cannot live there or work. If you do not want to be apart at all, you'd need to wait with him in Germany.

Two potential issues US citizens living abroad face:

- Have you filed tax returns during your time abroad? US citizens must do so for any income, even if taxed abroad (you won;t need to pay, but must file).

- How will you handle the financial sponsorship part of his visa?

[*Snowdrop* 604]

You as the US citizen can live anywhere during the visa process. Although you will either have to show proof of domicile in the US (address, drivers licence, bank accounts etc) or proof of intent to definitely go back and live there (lease, address, job offer etc)

You will also have to show that you can financially support your spouse. Which for many people means they have to go back and get a job. Other options are using financial assets, like savings etc, or a co-sponsor.

Your non-USC spouse cannot move to the US to live while the application is processing. He can visit using the VWP. There is usually no problem with this UNLESS the border officer thinks the spouse is not going to return at the end of the trip, and is trying to circumvent the immigration process. So usually those of us who are in this position (I visited my US husband many times during our visa wait) take 'evidence' of our return to our home country - a return ticket, a letter from a boss saying we are back in work on a certain date, our lease or mortgage agreement showing continuing responsibilities in our home country. I was never asked for any evidence on my visits but some people have been, and some people have been refused entry.

If you can submit your form in Germany (called DCF on here, direct consular filing) then the process may be relatively quick. But relatively quick can mean 4 months, if you have to file in the US, it can take anywhere up to 8 months or longer. A lot depends on the backlog of work when you file and that changes all the time so no one can predict how long it will take.

For example, when I filed (in Oct 2007) the recent processing time over the previous six months had been about 5 months. Then there was a huge backlog and my visa took 14 months to process. I've monitored over the years and it changes all the time anywhere from some people who are really lucky and get through the process in a couple of months to some who end up waiting over a year.

You may have to deal with some time apart. It might be longer than you think. It might be quicker. It will be hard to make any definite plans of when he will be able to move permanently though.

[edeltraut 0]

Hi Penguin,

Thanks for your response. It looks like he could get a IR-1 visa instead of the CR visa, since we've been married for several years.

I have just started filing my back tax returns, since I had never filed in the US before.

Since we will both quit our jobs at the end of the year, I will have to have my parents sponsor him.

Do I really have to wait with him in Germany, or can we both wait in another country (outside of USA and EU)?

Thanks,

Edited September 19, 2013 by edeltraut

[edeltraut 0]

Hi Lynne,

Thank you for your detailed answer. I think one problem of visiting the US is that he will have no evidence of his return to his home country. We will give up everything we own here and cancel all contracts. We plan on getting tickets to the US in December and then to another country in January, so that we can wait there. This won't be a return ticket, but it will show that he plans on leaving the US after a couple of weeks.

We will only book return tickets to Germany once we have a date for his interview, because we will effectively be "homeless" in Germany at that point.

Do you think this will be a problem?

[Green Tree 0]

Hello Newbie,

I am from Spain, and I have been married to a US citizen for 16 years. We both live in Spain and have done so for 15 years. Now we want to go back to the US but it seems to be very complicated. At the embassy they have told us that the process will last 8 months!! We are about to file I-130. Do you have any advice?

[*Snowdrop* 604]

Are you going to be travelling while you wait for the visa? Or waiting in one specific other country? If one other country, don't forget about any visa requirements for both of you there too while you wait.

Also you need a safe and secure address for all your mail connected to the application as there are some forms which need filling out during the process, and if they ask you for additional evidence after the first application goes in, you need to reply within a certain time frame or risk a denial. So you need to get the mail in good time for that.

There is technically no issue with you being in another country together while you wait for the visa but logistically it might make things more difficult. You can't wait in Germany together? If you are DCFing it should not be a huge wait.

Your husband will also need to be in Germany for his medical.

[*Snowdrop* 604]

Here is a thread specifically for those DCFing in Germany

http://www.visajourney.com/forums/topic/436253-dcf-in-frankfurt-2013/

I suggest you read through and look at people's timelines to get a general idea of the different steps they are doing and the timeframe.

You could even message some of the members to see if they can advise on tips for the specific process through Germany.

When you have that information it will make it easier to decide how to proceed and plan the next few months.

[edeltraut 0]

Thanks for the information. I will take a look at the DCF timeline thread.

We want to travel while waiting for the visa, because it will be a while before we get another chance to go on a really long vacation. But we will definitely take care of the visa situation for any places that we go.

Our parents will be receiving mail for us while we are gone, so they'll let us know if we get any letters.