When can the US citizen return to the US? And...

[NFBP 2]

Hello - this is going to be a longer one so please bare with us!

 

So this is our situation, I am the US citizen and received a job offer and originally told my new boss I could start August first. We have obviously had to push that start date back because of the delay there seems to be with Frankfurt processing. My question is can I move back to the US now, or at some point before my wife, or must I stay here during the whole process? I would of course fly back for the interview but I am not sure how many more months my boss is willing to wait.

 

The second part of our situation. Originally my wife was not going to finish her masters here in Germany because we thought DCF would take 3 months and she would have still had two more semesters to finish but now that it seems to be taking longer she is considering staying for the next semester and then she has been giving permission to write her thesis while in the US. So this next semester would finish in March and then she would move to the US full time with me. Lets say we finish the process and get an interview in September or so, is she allowed to fly back and forth until March or would they look poorly on that? I know she has six months after her medical to "claim" her green card in the US, so would it be better for her to stay in Germany completely until March and then fly for the first time with her visa in March? We would obviously like to avoid being separated for that long and would much prefer her to fly to the US right away, get the green card and then fly back and forth for a few months. But we also don't want to cause any long term problems/issues/concerns.

 

Thank you for your help! 

[USS_Voyager 1,972]

37 minutes ago, NFBP said:

My question is can I move back to the US now, or at some point before my wife, or must I stay here during the whole process?

As a US citizen, you can move to the US at any time. As soon as you file the I-130, you can move. In fact, many people have to do that, to satisfy the "domicile" question. 

37 minutes ago, NFBP said:

would it be better for her to stay in Germany completely until March and then fly for the first time with her visa in March?

That is the cleanest and easiest way, if her visa's validity is long enough to afford her to do that. Obviously you want to enter before the visa expires, which is typically 6 months from the medical. 

 

37 minutes ago, NFBP said:

e would obviously like to avoid being separated for that long

Oh please, people have been separated for years and years along the immigration process. Separation is part of the immigration process. You'll survive. 

Edited July 23, 2019 by USS_Voyager

[PatrickAlina 0]

Hello you two,

 

We've been keeping track of your immigration process for quiet some time now, because we filed the I-130 one month after you did and are waiting for the next step for almost the same reasons as you do.

My husband is a dual citizen and applied for a graduate program in the US. I'm a student myself, but planed on not completing my master in Germany and looking for a Job in the US instead, so we can be together.

The first get together, campus tour for new graduates and so on is going to be in the middle of August (not in September, as we though some months ago),

so obviously , I won't be able to move to the US together with my husband because of the delay in Frankfurt.

I am reconsidering my plans too and would be allowed to write my master's thesis next summer, if I stayed in Germany for on more term (November - Feburary).

 

Like USS_Voyager says, its no a bad idea, that the petitioner moves to the US a bit earlier in order to satisfy the domicile requirement.

But I don't agree with the last line - I'm definitly going to try to get to the US in September or October (depending on the visa process) for a month or so as a tourist, because I don't have any courses right now and we want to see each other.

There will always be the risk of being refused at the immigration of your destinated airport, if you are suspected of wanting to immigrate illegaly, which means having to pay the flight forth and back for nothing.

But - as Germans, we don't have to apply for a "real" tourist visa because of the visa waiver program, which makes things a bit easier (according to what I read in other forums -

you and us are not the first, who want to visit each other while the visa is still being processed) and on top of that you are enrolled at a german university.

I'll print out a confirmation from my university, that I'm a student right now to show to any officer who cares to see it and I don't think its suspicious, wanting to spend your holidays between courses together.

The safer way is of course for the petitionier to visit the beneficary and not vice versa, but he's just not going to have as much free time as I will. He even won't come back for the interview, I'll need to do it on my own.

 

All the best and good luck for whole the visa process,

Alina (and Patrick)

P.S.: I'm sorry for any grammatical errors or misspellings. I'm obviously not the native speaker between the two of us.

 

 

[NFBP 2]

4 hours ago, PatrickAlina said:

Hello you two,

 

We've been keeping track of your immigration process for quiet some time now, because we filed the I-130 one month after you did and are waiting for the next step for almost the same reasons as you do.

My husband is a dual citizen and applied for a graduate program in the US. I'm a student myself, but planed on not completing my master in Germany and looking for a Job in the US instead, so we can be together.

The first get together, campus tour for new graduates and so on is going to be in the middle of August (not in September, as we though some months ago),

so obviously , I won't be able to move to the US together with my husband because of the delay in Frankfurt.

I am reconsidering my plans too and would be allowed to write my master's thesis next summer, if I stayed in Germany for on more term (November - Feburary).

 

Like USS_Voyager says, its no a bad idea, that the petitioner moves to the US a bit earlier in order to satisfy the domicile requirement.

But I don't agree with the last line - I'm definitly going to try to get to the US in September or October (depending on the visa process) for a month or so as a tourist, because I don't have any courses right now and we want to see each other.

There will always be the risk of being refused at the immigration of your destinated airport, if you are suspected of wanting to immigrate illegaly, which means having to pay the flight forth and back for nothing.

But - as Germans, we don't have to apply for a "real" tourist visa because of the visa waiver program, which makes things a bit easier (according to what I read in other forums -

you and us are not the first, who want to visit each other while the visa is still being processed) and on top of that you are enrolled at a german university.

I'll print out a confirmation from my university, that I'm a student right now to show to any officer who cares to see it and I don't think its suspicious, wanting to spend your holidays between courses together.

The safer way is of course for the petitionier to visit the beneficary and not vice versa, but he's just not going to have as much free time as I will. He even won't come back for the interview, I'll need to do it on my own.

 

All the best and good luck for whole the visa process,

Alina (and Patrick)

P.S.: I'm sorry for any grammatical errors or misspellings. I'm obviously not the native speaker between the two of us.

 

 

Hi Alina and Patrick!

 

I am sorry that our timeline isn't more exciting for you, we are racing to the mailbox every day to look for the NOA2! It is crazy that we have almost the same exact situation timeline, career and masters program wise. It is definitely bittersweet finding out that I, Noel, can leave before my wife, Franziska, but my new employer in the US is very happy to hear that. Franziska will stay for this last semester of classes and then permanently move to the US in March where she will write her thesis. Her classes are Monday-Wednesday afternoon so we are hoping she can fly to the US once a month for a long weekend so we can see each other. While we understand that some people do indeed have to wait years to see their spouse as USS_Voyager said we do not want that. (For us personally if it came down to that we would just stay in Germany)

 

Are you planning on interviewing ASAP and getting the green card when you visit in September/October or waiting for the interview until closer to February? That is our debate now which is the "safer" option - her traveling back and forth with the green card for a few months, or her flying with an ESTA as a tourist

 

Your English is better than my German so no worries at all!

[Nitas_man 3,100]

On 7/23/2019 at 10:12 AM, NFBP said:

Hello - this is going to be a longer one so please bare with us!

 

So this is our situation, I am the US citizen and received a job offer and originally told my new boss I could start August first. We have obviously had to push that start date back because of the delay there seems to be with Frankfurt processing. My question is can I move back to the US now, or at some point before my wife, or must I stay here during the whole process? I would of course fly back for the interview but I am not sure how many more months my boss is willing to wait.

 

The second part of our situation. Originally my wife was not going to finish her masters here in Germany because we thought DCF would take 3 months and she would have still had two more semesters to finish but now that it seems to be taking longer she is considering staying for the next semester and then she has been giving permission to write her thesis while in the US. So this next semester would finish in March and then she would move to the US full time with me. Lets say we finish the process and get an interview in September or so, is she allowed to fly back and forth until March or would they look poorly on that? I know she has six months after her medical to "claim" her green card in the US, so would it be better for her to stay in Germany completely until March and then fly for the first time with her visa in March? We would obviously like to avoid being separated for that long and would much prefer her to fly to the US right away, get the green card and then fly back and forth for a few months. But we also don't want to cause any long term problems/issues/concerns.

 

Thank you for your help! 

I had the opposite problem.  Our I130 was processed too quickly so we delayed the interview until it was time to go back.

 

You can enter the US and start working anytime.  Helps a LOT with the support affidavit.  If you can’t show continuing US income at the interview you either have to show a lot of liquid (cash) assets to sponsor her or you have to get a joint sponsor.

 

Your wife will get a Packet from the embassy with some things to do before they will schedule her interview.  In addition to your part (the support affidavit) she needs to procure a police certificate and take a medical.  She has lots of time to do that.  Based on what you posted I would suggest she delay the medical / police certificate until November or so then do that and schedule the interview.  Assuming a December interview the visa would be good through April (based on 6 months after medical) and she can delay US entry until she is done and before the visa expires.

 

You would have in the meantime started your new job and be able to show continuing US income to satisfy support affidavit requirements.

 

As to being apart - if you can demonstrate that your assets are adequate or you can get a joint sponsor you can stay with her until she is done.  No time apart needed.  

 

Your schedule is based on what you have to do to meet the support affidavit requirements, hers has flexibility and is based on when she gathers her documents and completes her medical for interview.

 

As to entering and leaving?  We did that too.  She can leave for up to 6 months after activating her visa and return with very little likelihood of issues at POE.  That would be an option B but she needs to be carrying her green card if possible when she re-enters so you need to get it to her.  The visa itself, after activation, is good for showing legal permanent residence for 1 year but the airlines may give her grief (or) she might get some questions at POE if it was issued and she isn’t carrying it.

[NFBP 2]

22 hours ago, Nitas_man said:

I had the opposite problem.  Our I130 was processed too quickly so we delayed the interview until it was time to go back.

 

You can enter the US and start working anytime.  Helps a LOT with the support affidavit.  If you can’t show continuing US income at the interview you either have to show a lot of liquid (cash) assets to sponsor her or you have to get a joint sponsor.

 

Your wife will get a Packet from the embassy with some things to do before they will schedule her interview.  In addition to your part (the support affidavit) she needs to procure a police certificate and take a medical.  She has lots of time to do that.  Based on what you posted I would suggest she delay the medical / police certificate until November or so then do that and schedule the interview.  Assuming a December interview the visa would be good through April (based on 6 months after medical) and she can delay US entry until she is done and before the visa expires.

 

You would have in the meantime started your new job and be able to show continuing US income to satisfy support affidavit requirements.

 

As to being apart - if you can demonstrate that your assets are adequate or you can get a joint sponsor you can stay with her until she is done.  No time apart needed.  

 

Your schedule is based on what you have to do to meet the support affidavit requirements, hers has flexibility and is based on when she gathers her documents and completes her medical for interview.

 

As to entering and leaving?  We did that too.  She can leave for up to 6 months after activating her visa and return with very little likelihood of issues at POE.  That would be an option B but she needs to be carrying her green card if possible when she re-enters so you need to get it to her.  The visa itself, after activation, is good for showing legal permanent residence for 1 year but the airlines may give her grief (or) she might get some questions at POE if it was issued and she isn’t carrying it.

Thank you so much for the helpful response! 

[Nitas_man 3,100]

7 hours ago, NFBP said:

Thank you so much for the helpful response! 

Good luck to both of you 👍