I-130 questions (DCF/military family or normal route)?

[R&OC 371]

We are getting ready to file the I-130 for my children. We are currently stationed overseas in Germany. As I am a dual citizen of the US and Germany, we have two options: (1) file through Frankfurt (DCF) or the regular route (for which I could be the petitioner).

 

If we would file via Frankfurt, I am assuming my husband would be the petitioner as he is the active military member and the DCF route is closed to anyone else other than military members (I think). I am worried that if he doesn’t promote, he may have to retire? What would happen then? Are the cases send back to the US or would they keep them on Frankfurt?

 

Just thinking about this process sure brings back memories. 🙂

Edited May 2, 2021 by R&OC

[Just Paul 4,595]

6 hours ago, R&OC said:

We are getting ready to file the I-130 for my children. We are currently stationed overseas in Germany. As I am a dual citizen of the US and Germany, we have two options: (1) file through Frankfurt (DCF) or the regular route (for which I could be the petitioner).

 

If we would file via Frankfurt, I am assuming my husband would be the petitioner as he is the active military member and the DCF route is closed to anyone else other than military members (I think). I am worried that if he doesn’t promote, he may have to retire? What would happen then? Are the cases send back to the US or would they keep them on Frankfurt?

 

Just thinking about this process sure brings back memories. 🙂

You can file DCF under exceptional circumstances - using a copy of his orders.  

[R&OC 371]

3 hours ago, Paul & Mary said:

You can file DCF under exceptional circumstances - using a copy of his orders.  

Thank you! Meaning, „you“ as in I personally or him as an active duty member? I would prefer if I can do it given the amount of documents to gather is considerably less.

[Just Paul 4,595]

You, as in the poster, can contact the Immigrant Visa Unit with the detailed reason for requesting consular processing.  You will most likely need to have him as a joint sponsor, but that is needed come the interview (I-864a).

[R&OC 371]

2 hours ago, Paul & Mary said:

You, as in the poster, can contact the Immigrant Visa Unit with the detailed reason for requesting consular processing.  You will most likely need to have him as a joint sponsor, but that is needed come the interview (I-864a).

As for income, my husband and I have similar incomes. Mine, however, is currently a foreign income. However, another member messaged me about the Children's Citizenship Act of 2000 and I am now wondering if I am eligible to file for their n-600k? I posted a separate threat just now. I am literally currently printing out the petition under I-130 right now only to read about the §322 INA and wondering if that would be a much better route?

[Mike E 11,739]

Am I the only one questioning why two married and both apparently  US citizens are filing I-130s for children born outside the USA?

[R&OC 371]

41 minutes ago, Mike E said:

Am I the only one questioning why two married and both apparently  US citizens are filing I-130s for children born outside the USA?

Yes. But that's because you notice that I wasn't accurate. My husband is their stepdad and not their biological dad who has (understandably so) been very hesitant to support any notion of immigration. Hence, my husband tried to get stationed in Germany and managed to do so. We have been very fortunate so far.

 

My physical presence is therefore a wild collection of time spent as an au-pair, student, and finally green card holder (but that's spread over twenty years or so)... plus about 8-12 months of being a tourist in the US (again over two decades). But from what I am reading, this may actually count towards physical presence as well?

[Chancy 6,241]

4 minutes ago, R&OC said:

My physical presence is therefore a wild collection of time spent as an au-pair, student, and finally green card holder (but that's spread over twenty years or so)... plus about 8-12 months of being a tourist in the US (again over two decades). But from what I am reading, this may actually count towards physical presence as well?

 

Parental physical presence in the US is not required to be continuous.  You just need to provide adequate documentary evidence showing a total of 5 years presence in the US, with at least 2 years after turning 14.

 

[Chancy 6,241]

10 minutes ago, R&OC said:

My husband is their stepdad and not their biological dad who has (understandably so) been very hesitant to support any notion of immigration.

 

If your family intends to reside in Germany for the foreseeable future, filing N-600K for your children would be more appropriate than the I-130 route.

 

[Just Paul 4,595]

6 hours ago, R&OC said:

I am now wondering if I am eligible to file for their n-600k?

That may be an option as you pointed out if you can meet the time requirements.   Best of luck!