Relocating to the US

[Bluefladragon 0]

Hello,

 

My brother which is a US citizen by birth but has lived most of his live in Germany is wanting to relocate to the US.

 

He is married to a German woman and has two children that were born in Germany, both of them are under 10 years old.

 

My question is, if there is a way for him to get the immigration process for his family started here in the US or if he must start the process in Germany?

 

And what forms should he use for his wife and his children? 

 

Thank you in advance!

[Boiler 45,557]

If he is quick he could do what we call DCF, I think it is still available in Germany but not for much longer, would save a lot of time.

[ponyo_rocks 7]

For the kids, is there a US citizen grandparent who meets the physical presence test and can file N-600K? If not, they will also need green cards applied the same way as the wife. Once the kids enter the US with a green card in the legal custody of the US citizen parent, they automatically become US citizens.

Edited September 13, 2019 by ponyo_rocks

[Bluefladragon 0]

Thank you for the replies. Yes, he lives in Germany. This is why I was wondering, if he could file the petition over here in the US?

 

He has never lived here, so I assume he must file in Frankfurt then? If there is a way for him to file here and bring his family over here while this is in progress, I would really appreciate any help.

 

[aaron2020 11,651]

44 minutes ago, Bluefladragon said:

Thank you for the replies. Yes, he lives in Germany. This is why I was wondering, if he could file the petition over here in the US?

 

He has never lived here, so I assume he must file in Frankfurt then? If there is a way for him to file here and bring his family over here while this is in progress, I would really appreciate any help.

 

 

1.  Your brother will need to file three separate I-130s for his wife and children.

2.  He can file in Frankfurt until October 31, 2019.  On Nov. 1, 2019, the USCIS office in Frankfurt will stop accepting the I-130 and he will have to file with the Lockbox in Chicago.

3.  They can not come over until they receive immigration visas.  They can not come while it's in progress.  

4.  Your brother will file I-864w for his children.  Upon entering the US with immigration visas, they will automatically become US citizens.

5.  Your brother has several problems with the I-864 for his wife.  First, he will need to file US tax returns for the last three years; 2018, 2017, & 2016 in order for his wife to receive an immigration visa.  Second, he will need to have a US domicile.  Third, he will need a Joint Sponsor since his income can not be counted for the I-864.  

6.  If he files in Chicago, expect the entire process to take 12-18 months.  

[millefleur 5,046]

**Moved from Bringing Family Members of Permanent Residents to America to What Visa Do I Need - Family Based Immigration; petitioner in question is a USC wanting to relocate to the US with family**

[millefleur 5,046]

1 hour ago, Bluefladragon said:

Thank you for the replies. Yes, he lives in Germany. This is why I was wondering, if he could file the petition over here in the US?

 

He has never lived here, so I assume he must file in Frankfurt then? If there is a way for him to file here and bring his family over here while this is in progress, I would really appreciate any help.

He can try to apply for Direct Consular Filing in Frankfurt since he currently lives in Germany.

 

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

 

The office is still open and appears to be accepting applications, he could call them and see if they are accepting I-130 processing. It would be significantly faster than via the Chicago lockbox (stateside filing via mail).

 

Regardless, in either case, he has to also proof "intent to establish domicile in the US" since he doesn't currently live in the US. But that comes later in the process.

 

[Juliet57 304]

Doesnt he need to prove he's lived a certain number of years in the US to be able to petition his family?

OP said the petitioner has lived most of his life in Germany

Edited September 14, 2019 by Juliet57

[Lil bear 4,228]

24 minutes ago, Juliet57 said:

Doesnt he need to prove he's lived a certain number of years in the US to be able to petition his family?

OP said the petitioner has lived most of his life in Germany

No. There are no prior residency requirements for immediate relative petitions... there must be demonstrable intent to establish residency in the US. The prior residency requirements refer to the capacity to pass USC to their children who are born outside the US 

[Bluefladragon 0]

On ‎9‎/‎13‎/‎2019 at 7:33 PM, aaron2020 said:

 

1.  Your brother will need to file three separate I-130s for his wife and children.

2.  He can file in Frankfurt until October 31, 2019.  On Nov. 1, 2019, the USCIS office in Frankfurt will stop accepting the I-130 and he will have to file with the Lockbox in Chicago.

3.  They can not come over until they receive immigration visas.  They can not come while it's in progress.  

4.  Your brother will file I-864w for his children.  Upon entering the US with immigration visas, they will automatically become US citizens.

5.  Your brother has several problems with the I-864 for his wife.  First, he will need to file US tax returns for the last three years; 2018, 2017, & 2016 in order for his wife to receive an immigration visa.  Second, he will need to have a US domicile.  Third, he will need a Joint Sponsor since his income can not be counted for the I-864.  

6.  If he files in Chicago, expect the entire process to take 12-18 months.  

Thank you for your feedback. What forms would he use to file his tax returns abroad?

[aaron2020 11,651]

5 hours ago, Bluefladragon said:

Thank you for your feedback. What forms would he use to file his tax returns abroad?

Same as everyone else.  1040