Maintaining residency

[Hattivatti 35]

Oh gosh, I need some serious help finding a rental place in Germany to maintain my residency through the visa process. My husband already had to travel back to States and I'm having serious troubles finding a rental due me not speaking Germany. I have a place to live but I can't do Anmeldung to this place. We already received NoA 2 and now I'm terrified to finish ds-260 because of this.

 

Any and all help appreciated! And please, somebody help!

[Roel 7,193]

Um this is not really immigration question and this is something you probably should do on your own   .. like go to some rental agency or something. 

[Hattivatti 35]

It is very much of an immigration issue. And I know there's a lot of Germans reading these forums who might be able to help me on translations and procedures of renting in Germany. I'm sorry if you think this is a wrong place to ask help, but being separated from my husband and kids is too important issue for me to solve, so im asking help from any place, even "wrong" place since I am desperate.

[Roel 7,193]

Why not go back to your home country and wait there? 

[Hattivatti 35]

So beneficiary doesn't need to be a resident in the country where DCF is filed? That's news to me. But if that's the case, then we certainly can move forward and this request for help was for no good reason.

[Hattivatti 35]

19 minutes ago, Roel said:

Why not go back to your home country and wait there? 

"Current DCF procedures state that if a US Citizen lives overseas they may file the I-130 for a foreign spouse, child or parent at the US Consulate / USCIS Field Office governing their place of residence."

 

Maybe it is due my broken English, but I understand that as we both needed to be resident of the area the consulate is governing.

 

But if I'm mistaken, is there some place where I can read an actual text where USCIS states the otherwise? Because so far I haven't been able to find it and I've tried to look widely and carefully.

[Roel 7,193]

6 minutes ago, Hattivatti said:

So beneficiary doesn't need to be a resident in the country where DCF is filed? That's news to me. But if that's the case, then we certainly can move forward and this request for help was for no good reason.

Well you never said in your first post that you're doing dcf.  Hence my advice that maybe it would be the best to move back to your country  

[Hattivatti 35]

I didn't think I needed to states it separately from the fact that the the whole thing is posted under Direct consular filing. Unless I made a mistake and posted to some other part of the forums?

[Roel 7,193]

5 minutes ago, Hattivatti said:

I didn't think I needed to states it separately from the fact that the the whole thing is posted under Direct consular filing. Unless I made a mistake and posted to some other part of the forums?

Sorry it's just something it's not really visible on the mobile version.

[Hattivatti 35]

No problem, it's all good 

[Nitas_man 3,100]

When the petition was filed what did your petitioner put as your address abroad?  What is your legal status in Germany?

 

I am not aware of the rule that you are referring to being applied to a beneficiary.  The petitioner has to be a legal resident at the time the petition was filed. 

Edited April 2, 2018 by Nitas_man

[BlueDevil1442 23]

It is the Petitioner that needs to maintain residency in the country. If the petitioner has returned to the USA, then the petitioner no longer has the right to file DCF. The petitioner now needs to file stateside.

[SeabreezeUF 31]

As @Nitas_manstated above, the petitioner needs to be a resident at the time of filing. Her husband filed while residing in Germany and has since moved, which is fine.   @Hattivatti You could ask the Embassy for clarification on their rules for DCF to see if you need to stay in Germany or not. I'm sorry I can't help more, I did DCF in the UK but maybe the regional sub-forum will be able to offer some guidance for you or help with finding a rental if you need to stay in Germany.

[Hattivatti 35]

Yep, problem is, they're closed until tomorrow. Will try and call stateside helpline later. 

It's irritating to have conflicting information. But as far as I've gathered, beneficiary just needs to be able to stay legally in the country until the process is finished. Which is not a problem in this case. But, I certainly will post later what USCIS and/or consulate says about it.

Edited April 2, 2018 by Hattivatti
Fat fingers typos

[Nitas_man 3,100]

I recall one case on here from the middle east (last year?) where the beneficiary work contract ran out before the interview and the interview location was changed to beneficiary home country.

 

We did a DCF and there was no requirement for domicile for my beneficiary.  They checked my status against the regs and once that was found to be OK we were good to go.

 

If your case processed through and a case number was assigned then your petitioner's domicile requirements were met.

 

If you have legal status in Germany then make sure assigned agent (your or your petitioner) can contact you and wait it out.  I do not see any reason for you to have to show "domicile" in Germany and actually since he left before you he met another hurdle - to enter the US either before or with you to establish domicile in the US.

 

Best of luck!

Edited April 3, 2018 by Nitas_man