Just married in Germany, wife has B-2 Visa. Next step for green card?

[tintinduffy 0]

I am a US citizen living in the US. My wife is an Italian citizen who was born (and still living) in Germany. She has had a 10-year B-2 Visa since 2013 and has visited the US several times since then, always for less than 6 months per year.

We just got married here in Berlin and are seeking advice on our next steps in applying for her green card. We are still in Berlin right now. I will be back in Oakland at the end of Aug. She plans to travel to the US in Oct–Feb.

1. Should she apply for the green card now in Germany via Consular Processing? Or should we do it from the US?
2. If she enters the US again in Oct with her B-2 visa will that adversely affect the green card process?

Thank you so much for your help!

[JFH 12,191]

Congratulations on your marriage!

Consular processing is only available if the US citizen us a legal resident of that country. Since you are only a visitor in Germany, you cannot take advantage of that option. You will need to file in the USA and it will take about a year.

During that time your wife can visit subject to the usual rules and regulations for visitors. She can expect a little more scrutiny at the border when asked the purpose of her visit and she, truthfully, replies "to see my husband".

Curious as to why she has a B2 when Italy is part of the VWP.

Edited August 8, 2016 by JFH

[xmaricrisx 25]

1. You cannot apply via DCF (direct Consular filing) because you (the US citizen) have not lived in Germany for at least 6 months. You can send the petition from Germany to the US, however, instead of waiting until the end of the month to do it.

2. It won't affect the process as long as she does not overstay. She will need to show strong ties to her home country upon arrival though, because the CO will see that there is a on-going petition for her, so she needs to prove that she won't coming into the US to stay.

Goodluck!

Edited August 8, 2016 by xmaricrisx

[Merrytooth 5,748]

I am a US citizen living in the US. My wife is an Italian citizen who was born (and still living) in Germany. She has had a 10-year B-2 Visa since 2013 and has visited the US several times since then, always for less than 6 months per year.

We just got married here in Berlin and are seeking advice on our next steps in applying for her green card. We are still in Berlin right now. I will be back in Oakland at the end of Aug. She plans to travel to the US in Oct–Feb.

1. Should she apply for the green card now in Germany via Consular Processing?

You have to meet the residence requirement in Germany to do Direct Consular Processing.

https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office

Or should we do it from the US?

You have to file for I-130 petition in US. Your wife will go for consular interview in Germany for CR1/IR1 visa.

2. If she enters the US again in Oct with her B-2 visa will that adversely affect the green card process?

Entering US with the INTENTION to adjust status is Fraud.

However, she can visit US during the I-130 - CR1/IR1 spousal visa process.

Thank you so much for your help!

[tintinduffy 0]

Thanks for your answers, everyone!

Curious as to why she has a B2 when Italy is part of the VWP.

She was encouraged by a POE officer to get one because she was coming often enough and wanted to stay for more than 3 months one summer.

[Ryan H 3,834]

***Post advocating visa fraud removed.***

[JFH 12,191]

Thanks for your answers, everyone!

She was encouraged by a POE officer to get one because she was coming often enough and wanted to stay for more than 3 months one summer.

Gee I wonder if he makes commission on the visa fees! I have entered over 40 times on the VWP. They're not getting $160 out of me for a B2. Although my visits are frequent, they are usually short.