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Filed: K-1 Visa Country: Germany
Timeline
Posted

Hello everybody! I have a question... I'm about to receive my conditional green card - has been approved yesterday.

Now my questions is... we are pcsing from the US to Germany in a couple months. Is there anything special that I need to do in order for USCIS not to think I'm leaving the US? 

I also hear about SOFA stamps... since I'm a German Citizen do I need that? Is there anything else that I need to do in order to still be eligible for a 10 year greencard once we apply for ROC?

Any and all tips and info is greatly appreciated

ROC

Window opened:                 15 OCT 2019

Sent:                                      16 OCT 2019

Arrived at Dalles Lockbox: 21 OCT 2019

Filed: Citizen (apr) Country: Sweden
Timeline
Posted

If you're pcsing you are leaving America... And technically abandoning your green card, obviously depending on how long you are staying. But I'm assuming it's longer than a year? If I'm not mistaken I think you're eligible to apply for citizenship if you  pcs to another country though. 

Filed: IR-1/CR-1 Visa Country: Germany
Timeline
Posted (edited)

As far as I know, hence this is why I am following your threat, is that once you are on your husband's orders (accompanied) your stay in Germany counts as if you are in the US. That is for military dependents only but it would be great if someone could confirm this. 

 

Otherwise you may want to ask legal on base.

 

The other issue you raised is SOFA stamp. Well, you are a German citizen but do you still have residency? Under the SOFA stamp you would be tax exempt (unless you choose to work in Germany as a "German").

Edited by R&OC
Posted

Hello

 

You will not abandon status if you PCS overseas.  Just make sure you are on your husband's orders and carry a copy with you whenever you travel back to the US.  

 

As for SOFA stamp, I am from the UK and never bothered to get one.  I have had no problems since I've been in Germany.

 

As a LPR you may be eligible to expedite your naturalization due to being stationed overseas  https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter4.html

I'm from the UK, hubby is from Michigan and is a retired US Army LTC.   We are currently stationed overseas.

Here is our immigration journey so far....

10.26.13 - Our wedding in Scotland 

11.26.14 - Filed I-130 at US Consulate, Frankfurt (DCF)

11.18.14 - Returned to Scotland to renew our vows for our first wedding anniversary

01.08.15 - NOA2 received in snail mail, together with case number and Packet 3 instructions

02.15.15 - Submitted Packet 3

02.17.15 - Packet 4 received by email with instructions to schedule medical and interview

02.18.15 - Email authorisation received from Consulate to gain access to appointment calendar

03.03.15 - Medical

03.18.15 - Interview - Approved

03.21.15 - Visa in hand

06.10.15 - POE Chicago (final destination Detroit)

07.20.15 - Received SSN in mail

07.27.15 - Received 2 year green card in mail

The journey to ROC starts here...!

10.05.15 - Returned to Germany on government orders

05.25.17 - Mailed ROC package to California Service Centre

06.14.17 - Received NOA 1 (dated 05.30.17) in mail

09.05.18 - Received a second NOA (dated 08.11.18) in mail granting a further six months extension to green card due to 'processing delays'

11.26.18 - ROC - Approved

12.05.18 - Approval Notice I-797 received in mail

12.18.18 - 10 year green card received in mail

The journey to citizenship starts here...!

 

  • 2 weeks later...
Filed: AOS (apr) Country: China
Timeline
Posted

Since you are PCSing to Germany on your husbands orders you are still considered as being in the US by USCIS rules!  (APO AE Address are considered US addresses).  I retired from the Army a few years ago and during my career  I and my wife(Germany) PCSed many times; as long as we were on official orders there were no issues. 

 

Have your husband contact his military sponsor and get your new APO address so you can do your address change with USCIS.  You will get your SOFA stamp (card) in your passport once you get to your new duty assignment.  Best of luck in Germany.

Filed: AOS (apr) Country: China
Timeline
Posted

Also, I believe you may be able to expedite your AOS if you are on official orders.  Recommend you make an appointment with your local USCIS office and talk to them.

 

My Germany wife passed away in 2014, however, during our 32 to years together we PCSed many time on her Green Card. 

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

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