Green Card the second time around

[LucindaLou 43]

Hello there,

my husband (USC) and me (German) are currently applying for the green card the second time around. I had originally been issued a green card in 1999 but as a family we returned to Germany when my husband was PCSed. As we knew that his last two years in the military would be spent outside the US I decided to stay in Germany. Raising a child is much easier with family support ;-)

Now my question is, we have gone through the entire process once before, our family situation has not changed in 27 years, we are both living in Germany at the moment, .... will it have any impact (positive or negative) on the second application. As we really got burned twice in the original process, I would love for this one to go a bit smoother.

Any answers would be greatly appreciated, there simply don't seem to be any on the internet.

Thanks for the help!

[D-R-J 192]

I’m not sure if there are differences for military families, but I would look into direct consular filing. Since your husband is legally residing in German, I think you’d qualify. It is a much faster than going through the processes in the US.

[LucindaLou 43]

  

7 minutes ago, D-R-J said:

I’m not sure if there are differences for military families, but I would look into direct consular filing. Since your husband is legally residing in German, I think you’d qualify. It is a much faster than going through the processes in the US.

By now he is a government employee and has retired from the military. They probably run through a bit of a different process. But will check that out, thank you.

[Chancy 6,241]

2 hours ago, LucindaLou said:

By now he is a government employee

 

US federal government?  If so, he may still qualify for the much faster DCF process.

 

[D-R-J 192]

1 hour ago, Chancy said:

 

US federal government?  If so, he may still qualify for the much faster DCF process.

 

I don’t think you need to be working for the military or federal government to qualify for DCF. The USC spouse needs to be legally residing in the country abroad and have an “exceptional circumstance.”

 

This one may apply to you:

 

”Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.”

[Chancy 6,241]

2 minutes ago, D-R-J said:

I don’t think you need to be working for the military or federal government to qualify for DCF. The USC spouse needs to be legally residing in the country abroad and have an “exceptional circumstance.”

 

US military and federal government employees residing in the beneficiary's country do not need exceptional circumstances to qualify for DCF.

 

[D-R-J 192]

37 minutes ago, Chancy said:

 

US military and federal government employees residing in the beneficiary's country do not need exceptional circumstances to qualify for DCF.

 

I see the blanket authorization of US military on military bases abroad, but not government employees.

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

Edited May 14, 2023 by D-R-J

[LucindaLou 43]

I suppose I will raise the issue with our lawyer. Thank you for your input, worth checking out.

However the original question still remains, will the previous green card have any impact on the application for the second green card. 

[powerpuff 6,697]

1 minute ago, LucindaLou said:

However the original question still remains, will the previous green card have any impact on the application for the second green card. 

No, it will not in your case. I have seen very similar situations here and they went through the process the second time with no issues 

[Redro 4,611]

3 hours ago, LucindaLou said:

I suppose I will raise the issue with our lawyer. Thank you for your input, worth checking out.

However the original question still remains, will the previous green card have any impact on the application for the second green card. 

No issue. We have one member who has petitioned his partner 3 times… as long as you correctly filed I407 you’re good to be petitioned a second time. 
 

Edited May 14, 2023 by Redro