Filing an IR1/CR1 from within Germany

[nsankary 3]

Hi everyone, 

 

I am new here, and have been scouring over the various threads for information about moving to the US with my wife who is not a US citizen (thus she is immigrating via IR1/CR). In general I wanted to ask briefly about the process, because, like all cases, we are also not so "cut-and -dry."

 

To begin with, I am a US citizen, and my wife is Israeli. I was doing my Ph.D. in Israel over the last 4 years, and we got married in the US in June 2017.  During the last week of June 2017 we moved to Germany for my wife to take a teaching position at a University here. Long story short, it seems that we will be leaving Germany earlier than expected (probably around September/October 2018).

 

We are now looking in to moving to the US after leaving Germany and ultimately a green card for my wife, but we realize that the timeline is pretty short, and so we wanted to ask if there is anyone who has recently gone through the IR1/CR1 process from Germany, and can provide an estimate of the timeline of the procedure, and any advice for filing in Germany. Since we will likely be moving in about 6-7 months, is it practical to start this process now from within Germany? Is there any way to complete this process within the next 6-7 months? 

 

At the moment we are both have a german residence permit ("Aufenthaltserlaubnis") and are both working. Given this condition, it seems that we are able to file (at least the I-130) at the Frankfurt USCIS office. Does this equate to DCS, and is it true that we can just file with the Frankfurt office or do we still need a reason for DCS? 

 

Thank you in advance! I apologize if this is too vague of a post, but we are trying to get some preliminary information about what our options are before our coming move. If there is any more information that I can provide please let me know!

 

[Roel 7,192]

There is no way to complete the process that fast. You're looking at 12 to 14 months of waiting for spouse visa. Plus make sure to provide proofs of your US domicile. 

[yuini 29]

24 minutes ago, nsankary said:

Hi everyone, 

 

I am new here, and have been scouring over the various threads for information about moving to the US with my wife who is not a US citizen (thus she is immigrating via IR1/CR). In general I wanted to ask briefly about the process, because, like all cases, we are also not so "cut-and -dry."

 

To begin with, I am a US citizen, and my wife is Israeli. I was doing my Ph.D. in Israel over the last 4 years, and we got married in the US in June 2017.  During the last week of June 2017 we moved to Germany for my wife to take a teaching position at a University here. Long story short, it seems that we will be leaving Germany earlier than expected (probably around September/October 2018).

 

We are now looking in to moving to the US after leaving Germany and ultimately a green card for my wife, but we realize that the timeline is pretty short, and so we wanted to ask if there is anyone who has recently gone through the IR1/CR1 process from Germany, and can provide an estimate of the timeline of the procedure, and any advice for filing in Germany. Since we will likely be moving in about 6-7 months, is it practical to start this process now from within Germany? Is there any way to complete this process within the next 6-7 months? 

 

At the moment we are both have a german residence permit ("Aufenthaltserlaubnis") and are both working. Given this condition, it seems that we are able to file (at least the I-130) at the Frankfurt USCIS office. Does this equate to DCS, and is it true that we can just file with the Frankfurt office or do we still need a reason for DCS? 

 

Thank you in advance! I apologize if this is too vague of a post, but we are trying to get some preliminary information about what our options are before our coming move. If there is any more information that I can provide please let me know!

 

I think you might be qualified to file for DCF which takes a maximum of 6 months, but 2-3 months is the usual timeline from approval to interview.

Contact Information

Telephone: (+49) 69 7535-2233
Fax: (+49) 69 7410971
Email: USCIS.Frankfurt@uscis.dhs.gov

 

You can check the forum section about DCF:

http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

---------------------------------------------------------------------------------------

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

Form I-130, Petition for Alien Relative, Form and Fee Information

Purpose:

To establish your relationship to a relative who wishes to immigrate to the United States.

Who May File or Receive Service:

U.S. citizens residing in Germany filing on behalf of their spouse, unmarried child under the age of 21 or parent (if the U.S. citizen is 21 years of age or older).

U.S. citizens residing in this field office’s jurisdiction but outside of Germany may file with the U.S. Embassy or U.S. Consulate having jurisdiction over the U.S. citizen's place of residence if the USCIS Frankfurt field office director determines that there are exceptional circumstances.

Active duty U.S. Military: Active duty U.S. military service members stationed permanently at a military base in USCIS Frankfurt's jurisdiction, but outside of Germany, may file this form directly with the Department of State without needing to establish exceptional circumstances.

Filing and Other Special Instructions:

Residents of Germany filing with USCIS Frankfurt must submit the petition and supporting evidence by mail.  Petitions are adjudicated in the order in which they are received.  You may use our Form I-130 Petition Checklist (PDF, 386 KB) or Form I-130 Petition Checklist for Members of the Armed Forces (PDF, 380 KB) to help ensure you submit a complete application package.

Evidence of residency must be submitted with the petition.  The evidence you submit must support a determination that you are a resident in Germany.  Please note that certain pieces of evidence may more strongly support a finding of residency than others.  For petitions filed at this field office, you must submit one or more of the following:

• Residence Permit (Aufenthaltserlaubnis); or
• Residence Registration (Anmeldebestätigung)
• U.S. Military orders – Please do not wait until you are being reassigned to the United States to file the Form I-130, this will ensure your family can accompany you.

In addition, other evidence of residency may include, but is not limited to:

• Housing lease in your name
• Work contract or other employment documents
• Proof of local registration
• Bank statements in your name
• Proof of school enrollment
• Vehicle registration
• Valid local driver’s license
• Tax documents
• Foreign property deeds or registration (although proof of property ownership in itself, may be insufficient if there is no evidence that the petitioner resides at that property)

Any document issued in a foreign language must be accompanied by a full English translation and must include  the translator's certification that he or she is competent to translate the foreign language into English. The original documents, with one copy, and the English translation should be submitted with the petition.  Any original documents submitted upon USCIS’ request will be returned.

If you live outside of Germany in a country where we do not have an office, and you believe that exceptional circumstances justify filing your petition overseas, please go to the nearest U.S. Embassy or U.S. Consulate to make your request to file. You must provide evidence of exceptional circumstances. The consular section will contact the field office director to request permission to accept your petition overseas. If your request is denied, you will need to file with the Chicago Lockbox.

Petitions from lawful permanent residents and petitions for relatives of U.S. citizens other than those mentioned in the "Who May File or Receive Service" section must be filed with the Chicago Lockbox.

[NikLR 13,227]

Definitely do DCF! 

[Crazy Cat 41,845]

1 hour ago, yuini said:

I think you might be qualified to file for DCF which takes a maximum of 6 months

Where did you get this information?  I have never seen a maximum time officially listed because many, many factors influence the speed in which a case is approved.....

[yuini 29]

5 minutes ago, missileman said:

Where did you get this information?  I have never seen a maximum time officially listed because many, many factors influence the speed in which a case is approved.....

Sorry that was just based on reading on the forum. He was asking for 6-7 months timeline. I will edit the post and remove that max timeline. I supposed you can get more than 6 months if you were put to AP and I didn't consider that.

 

Edit: I can't seem to edit the first post. ~Sighs~ but apparently I can edit this one. 

Edited March 10, 2018 by yuini

[nsankary 3]

8 hours ago, NikLR said:

Definitely do DCF! 

Is it really that promising all things considered?!? I would be so happy to hear that it could work out, and looking at some of the timelines of recent applicants at the Frankfurt office it seems like 6-7 months could be enough time. I had always been under the impression that the timeline was more of what roel quoted, but I was not aware that I would qualify for DCF at the Frankfurt office simply by living in Germany.

 

 

 

 

 

[nsankary 3]

9 hours ago, yuini said:

I think you might be qualified to file for DCF which takes a maximum of 6 months, but 2-3 months is the usual timeline from approval to interview.

 

Is there any specific reason that you chose the word "might" here? I know that many times things like this go case-by-case and so it can be misleading to state anything definite, but wanted to ask if there was a specific reason behind it.

 

Thank you for the information!

[Crazy Cat 41,845]

Here is the VisaJourney guide for DCF

 

http://www.visajourney.com/content/dcf

[nsankary 3]

31 minutes ago, missileman said:

Here is the VisaJourney guide for DCF

 

http://www.visajourney.com/content/dcf

 

Great, this is perfect, thank you

[pushbrk 12,882]

10 minutes ago, nsankary said:

Great, this is perfect, thank you

That may well be helpful but the guide you want to follow is the one from the USCIS field office in Frankfurt.

[nsankary 3]

8 minutes ago, pushbrk said:

That may well be helpful but the guide you want to follow is the one from the USCIS field office in Frankfurt.

I am scouring over their website now  

[NikLR 13,227]

2 hours ago, nsankary said:

Is it really that promising all things considered?!? I would be so happy to hear that it could work out, and looking at some of the timelines of recent applicants at the Frankfurt office it seems like 6-7 months could be enough time. I had always been under the impression that the timeline was more of what roel quoted, but I was not aware that I would qualify for DCF at the Frankfurt office simply by living in Germany.

 

 

 

 

 

DCF significantly reduces the timeline.  As you are both residents of Germany, you should qualify.  12-14 months would be a realistic timeframe for regular consular processing. 

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.

[nsankary 3]

Thank you to everyone for your responses, I think the most important thing is to try to submit as quickly (and correctly) as possible to Frankfurt as DCF and get the process started. 

 

I will cross my fingers and keep updating as things go.