DoD CTR in Germany. Do we have to move to U.S for good after receiving CR-1 stamp or can we go for a while and then come back until end of contract?

[Ranava14 12]

I can’t seem to find anyone that’s in a similar situation or ever was in this situation but I’m sure there must be plenty so I’m hoping for some insight here. 
My husband is a US citizen and a dod contractor here in Germany where we met, got married and are living together. I’m currently in the process of getting my green card and will hopefully have it in about 6 months at the latest. 
We need this green card for many reasons but we don’t currently plan to move back to the states for good any time soon. My husband has a great job and as long as things continue to go well we might stay for another 4 years. (His current contractor will end next year but still most likely after I got my GC) I already have Sofa Status. 

I know I’ll have to enter the U.S when my visa is issued in order to get my green card sent to our u.s address but will I have to stay there? If so, how long? 

When they ask me when we intend to move to the u.s what do I tell them? When I intend to enter the u.s even though I intend to leave again for a while or when we plan to move back for good? 

Anyone else in a similar situation? I want to make sure I’m doing everything correctly. 

I’ve also heard that it sometimes takes months for the green card to physically arrive at our house. Will I have to stay there for as long as it takes for the GC and SSC to arrive or can those things just arrive when I’m out of the country and my MIL can forward them to our APO on base? 
I’ve read that being overseas on official orders doesn’t count as spending time overseas so it wouldn’t put me in danger of losing my green card, is that correct? 

Edited May 2, 2022 by ValRam

[jace5869 9]

From the people I've worked with in this situation, and myself having been through it... You will need to go to the US when you get your visa, but after that you can fly back to Germany and stay. Since you're on his LOI/orders it still counts as like you're not outside the US, per se.

 

I know my ex-wife had no troubles going back to US after 2 years outside with a GC.

 

Many people on base have foreign spouses with GC's and live freely and travel with no issues.

[Ranava14 12]

That’s great news! Thanks for the reply! Do you know if I have to stay in the United States until I’ve physically received my GC and SSC? 

[Family 4,065]

Based on your husband’s contract w DOD, Once you  enter the US and get that I-551 stamp you will qualify for Expeditious Naturalization  ( non military ) under 319 (b)https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4 

Which means you can apply for US citizenship right away . Congratulations! And yes you can apply from overseas , so you just come in to the US and there is no duration of time that you need to remain. 
 

 

[CMJuilland 485]

On @Family’s point, INA 319b is definitely something I would look into.  Since you are a citizen of Germany, and should you want to pursue naturalization as well as keeping your German citizenship, you might want to start looking into all the documents you need to retain it (“Beibehaltungsgenehmigung”) so that you are ready to go when the time comes. 

Good luck to both of you! 

[Chancy 6,242]

*** Moved from IR1/CR1 Process & Procedures to Military Immigration-Related Discussion, where similar topics related to being assigned overseas are discussed ***

 

[myjourney123 2]

Couldn’t you do direct filing when your husband is working for the DoD? Just wondering! 🙂

[Ranava14 12]

I probably could have but it's too late now. I only just really found out about it

[jace5869 9]

I filed our I-130 in January and reached out to Frank consulate this week asking for permission to file. They accepted us since we had an offer to go somewhere else in 2 months. 
After they found out I already filed they said they couldn't accept it, but after pleading my case they said they would make an exception and I would need to withdraw our online petition.  

I mailed off our petition today and it will be there in Frankfurt consulate tomorrow at 9am. Taking a big risk and trusting them, but I have a backup.

[Ranava14 12]

We‘re already at NVC level. Would it still be possible to do it now? 

[jace5869 9]

1 minute ago, ValRam said:

We‘re already at NVC level. Would it still be possible to do it now? 

I wouldn't worry about it then. You're pretty far into the process now. You're at DoS side of things so it wouldn't be possible or worth it I don't think.

I filed in Jan. 16 of 2022 and have submitted 3 expedite requests, had senator request twice and USCIS never answered or assigned it to anyone. 3 months and waiting, and my co-worker co assigned and worked on in 2 weeks.

Good luck with the rest of your process

[Ranava14 12]

Oh wow. I hope you get approved really soon then! That sounds so stressful. Sending you the best of luck 🤞🏻

[Truth_Seeker 14]

On 5/2/2022 at 7:22 AM, ValRam said:

That’s great news! Thanks for the reply! Do you know if I have to stay in the United States until I’ve physically received my GC and SSC? 

No.  You don't need to stay in the U.S. to receive the card.  I am having it sent to my companies HR and they are going to mail it to my APO box.  Also, as far as being outside of the United States, if you dig through the regulations, you will find that if you are working with the U.S. Government or in Support of the U.S. Government as a contractor  your wife that has a GC has not considered to have given it up.  That's why when you come to the Passport Control, you need a letter from your company and a SOFA card which just shows that you are Temporarily outside of the U.S.  With that said, for us who support the government,  if you continue to dig you will find that if you will be outside of the U.S. for more than 1 year, that the waiting times for U.S. Citizenship does not apply, and you can submit an N400 after you get the GC.  However, she still has to pass the interview and test.  We are just except from waiting.  Also, I would suggest if she can pass the test that you do this since it will make things easier overall in the future.