Do I Qualify? DCF Frankfurt, So confused what to do...

[localkinegrind 0]

I (US Citizen) came to Germany to work as a contractor on a US Military Base. I brought my wife (Philippine Citizen) here with me and we were both allowed to enter the country.

Typically at this point we need to get the SOFA Card which allows us to stay here while I am working on base, I was able to get one but my wife was told she does not qualify as she needs the I-130 Approved before she can get it.

 

Do I Qualify to do a direct consulate filing at the Frankfurt Office? If not, are my only other options to file my I-130 for her stateside which could take up to 2 years in which time (90 days from now) she would have to leave the country and we would be apart?

 

I'm pulling at hairs here on what to do. I've contacted the USCIS and the Frankfurt Visa Office but am getting auto generated responses and nothing solid..

[Boiler 45,733]

Not clear what is happening, are you moving back to the US and if so when? You have a US based job offer?

[localkinegrind 0]

40 minutes ago, Boiler said:

Not clear what is happening, are you moving back to the US and if so when? You have a US based job offer?

So I just moved here to work on a military base in Germany. I'm planning to stay here with my wife but she can't stay with me unless she gets her I-130 aprooved. I'm wanting to see if I qualify for expidited processing in my situation so she can live here with me while I work on base.

[Boiler 45,733]

I 130 is a petition for your wife to immigrate to the US.

 

Getting an Immigrant Visa at all would seem to be the issue, not DCF.

[millefleur 5,047]

3 hours ago, localkinegrind said:

 

I'm pulling at hairs here on what to do. I've contacted the USCIS and the Frankfurt Visa Office but am getting auto generated responses and nothing solid..

Did you try contacting all these different phone numbers and emails?

https://www.ustraveldocs.com/de/de-main-contactus.asp#

https://de.usembassy.gov/contact/

[Redro 4,611]

 

Usually when I see military going through DCF its to move from a base overseas back to the States. 

Looking at the website, it States you should contact the embassy at least 6 months before you PCS... but once again this is for leaving the country as further instructions on the webpage . https://de.usembassy.gov/military-families/?_ga=2.133467470.1906603890.1635333870-1293601249.1624617745

I'm not sure how long you will be in Germany but it States: 

Submission of Immigrant Visa Petitions:

The petition for family members is Form I-130, Petition for Alien Relative . Consular officers at the U.S. Consulate Frankfurt may accept filing of the I-130 filed by qualified U.S. military service members for any immediate relative case, when active duty military service member is stationed permanently at a military base in Germany.  This exception does not apply to service members assigned to non-military bases, such as embassies or civilian institutions, retired service members, or to service members on temporary duty orders.

 

[Redro 4,611]

3 hours ago, Kor2USA said:

 

Usually when I see military going through DCF its to move from a base overseas back to the States. 

Looking at the website, it States you should contact the embassy at least 6 months before you PCS... but once again this is for leaving the country as further instructions on the webpage . https://de.usembassy.gov/military-families/?_ga=2.133467470.1906603890.1635333870-1293601249.1624617745

I'm not sure how long you will be in Germany but it States: 

Submission of Immigrant Visa Petitions:

The petition for family members is Form I-130, Petition for Alien Relative . Consular officers at the U.S. Consulate Frankfurt may accept filing of the I-130 filed by qualified U.S. military service members for any immediate relative case, when active duty military service member is stationed permanently at a military base in Germany.  This exception does not apply to service members assigned to non-military bases, such as embassies or civilian institutions, retired service members, or to service members on temporary duty orders.

 

I'm not sure why "States" is always capitalized in my post... I'm going to blame autocorrect  

Also, I'm not sure if your wife will be able to DCF because generally its when both the petitioner and the beneficiary have residency/citizenship in the country they DCF from. If your wife has residency in Germany you might be able to DCF. If not... you'll have to go through the regular process... A lot of members have to deal with separation, its unfortunately a feature and not a bug. 

 

ETA A friend of mine was able to sponsor his wife in Korea after she had overstayed her visa here in Korea... but I'm not sure how it worked. I know for sure they lived off base, but I also do not know how long the process took.  All I remember is she was really happy to be able to go back to her home country and then return with her daughter and Korea didn't penalize her for overstaying her visa. I'm also not sure if she had to return to her home country for her interview or if it was a regular visit. 

Edited October 27, 2021 by Kor2USA

[localkinegrind 0]

On 10/26/2021 at 5:46 PM, Boiler said:

I 130 is a petition for your wife to immigrate to the US.

 

Getting an Immigrant Visa at all would seem to be the issue, not DCF.

While I understand that, the base is telling me this is the only way for her to get a SOFA which would allow her to stay here with me while I work this contract, I think from the German point of view its to show, "This individual and his spouse intend to return back to the US after the contract is completed".

[localkinegrind 0]

2 hours ago, Kor2USA said:

I'm not sure why "States" is always capitalized in my post... I'm going to blame autocorrect  

Also, I'm not sure if your wife will be able to DCF because generally its when both the petitioner and the beneficiary have residency/citizenship in the country they DCF from. If your wife has residency in Germany you might be able to DCF. If not... you'll have to go through the regular process... A lot of members have to deal with separation, its unfortunately a feature and not a bug. 

 

ETA A friend of mine was able to sponsor his wife in Korea after she had overstayed her visa here in Korea... but I'm not sure how it worked. I know for sure they lived off base, but I also do not know how long the process took.  All I remember is she was really happy to be able to go back to her home country and then return with her daughter and Korea didn't penalize her for overstaying her visa. I'm also not sure if she had to return to her home country for her interview or if it was a regular visit. 

I asked about this and they literally replied back with:

the I-130 filed by qualified U.S. military service members for any immediate relative case, when active duty military service member is stationed ...

As i'm a contractor, it seems that doesnt apply to me which is insane.

[Boiler 45,733]

I know nothing about German Immigration but it does sound odd, especially of your next  contract is other than the US