Frankfort DCF Questions (Merged)

[megaladon 2]

Hello.  I do have questions about the Frankfurt DCF process.

 

1. Should I apply using the online, or with paper?  I was warned by someone who applied in early 2022 that my application would be delayed by 2 years if I used the online process, even if I select the consular processing path.  He said use the paper route which is faster, and instead email the consulate first, get approval to apply, and then apply using a paper application.  Is this information still accurate?

 

2. What happens if I have to move to a different apartment in Germany after I have submitted the I130?  My landlord could conceivably terminate the lease in the middle of the process.  i have heard that the mere act of moving and updating the address can precipitate a serious delay in processing of the application, from two to 10 years.  Therefore, I need to make a hard decision as to whether to apply now or move to a place with a longer term lease before I apply.

 

Thanks

 

Edited December 19, 2023 by Crazy Cat

[Crazy Cat 41,984]

****This post was split from an existing thread***

[Crazy Cat 41,984]

14 minutes ago, megaladon said:

Hello.  I do have questions about the Frankfurt DCF process.

 

1. Should I apply using the online, or with paper?  I was warned by someone who applied in early 2022 that my application would be delayed by 2 years if I used the online process, even if I select the consular processing path.  He said use the paper route which is faster, and instead email the consulate first, get approval to apply, and then apply using a paper application.  Is this information still accurate?

 

2. What happens if I have to move to a different apartment in Germany after I have submitted the I130?  My landlord could conceivably terminate the lease in the middle of the process.  i have heard that the mere act of moving and updating the address can precipitate a serious delay in processing of the application, from two to 10 years.  Therefore, I need to make a hard decision as to whether to apply now or move to a place with a longer term lease before I apply.

 

Thanks

 

Welcome to Visa Journey!!

1.  Step 1 is to contact the consulate and request that they accept your case. 

2.  You must have exceptional circumstances to qualify for DCF. 

3.  Do NOT file an I-130 online with USCIS.  A consulate cannot accept a case if an I-130 has already been submitted to USCIS. 

Good luck.

Edited November 6, 2023 by Crazy Cat

[Crazy Cat 41,984]

14 minutes ago, megaladon said:

i have heard that the mere act of moving and updating the address can precipitate a serious delay in processing of the application, from two to 10 years. 

You didn't hear that here on VJ.  That just doesn't make any sense. 

Edited November 6, 2023 by Crazy Cat

[Boiler 45,733]

On what basis do you qualify for DCF?

Edited November 6, 2023 by Boiler

[megaladon 2]

1 hour ago, Crazy Cat said:

Welcome to Visa Journey!!

1.  Step 1 is to contact the consulate and request that they accept your case. 

2.  You must have exceptional circumstances to qualify for DCF. 

3.  Do NOT file an I-130 online with USCIS.  A consulate cannot accept a case if an I-130 has already been submitted to USCIS. 

Good luck.

Thank you.  Would I have exceptional circumstances?  I live and work in Germany and my wife lives in a different foreign country.  She cannot join me in Germany without the Green Card due to Germany's restricted country list, but I can't move back to the USA due to my job in Germany.  We have been separated since marriage due to the circumstances. Does that qualify as exceptional circumstances?  

[Crazy Cat 41,984]

8 minutes ago, megaladon said:

Thank you.  Would I have exceptional circumstances?  I live and work in Germany and my wife lives in a different foreign country.  She cannot join me in Germany without the Green Card due to Germany's restricted country list, but I can't move back to the USA due to my job in Germany.  We have been separated since marriage due to the circumstances. Does that qualify as exceptional circumstances?  

You have several issues:

1.  A Green Card is for living in the US.  You must have domicile or intent to re-establish domicile in the US as her petitioner.

2.  She can't DCF in Germany since she resides elsewhere.

3.  She can't DCF in her country since you reside elsewhere.

4.  What you posted does not appear, imho, to be an exceptional circumstance.  Separation is normal for US immigration. 

Edited November 6, 2023 by Crazy Cat

[Boiler 45,733]

I have not come across them approving such a case but you can always ask.

 

For arguments sake lets say they approved your request can she travel to Germany?

Edited November 6, 2023 by Boiler

[Crazy Cat 41,984]

What you CAN do is file an I-130 with USCIS about 18 months prior to returning to the US. 

[Crazy Cat 41,984]

6 minutes ago, Boiler said:

I have not come across them approving such a case but you can always ask.

 

For arguments sake lets say they approved your request can she travel to Germany?

OP says he cannot return to the US.  It seems, to me, OP is seeking a way for his spouse to reside in Germany.  

[megaladon 2]

To clarify, I do maintain a domicile and intent to return to the USA.  By living in Germany, I don't mean I'm a German resident.  I'm here under TESA and US Military orders.  It's not intended to be a permanent stay in Germany.  The plan is to bring her here to live with me while I'm in Germany then return to the USA when my contract here ends.  I don't know if this is exceptional circumstances, but I would have to quit my job to go back to the USA, which seems like an exceptional burden.

[Crazy Cat 41,984]

7 minutes ago, megaladon said:

To clarify, I do maintain a domicile and intent to return to the USA.  By living in Germany, I don't mean I'm a German resident.  I'm here under TESA and US Military orders.  It's not intended to be a permanent stay in Germany.  The plan is to bring her here to live with me while I'm in Germany then return to the USA when my contract here ends.  I don't know if this is exceptional circumstances, but I would have to quit my job to go back to the USA, which seems like an exceptional burden.

It costs nothing to ask the consulate.  As I said, you are seeking a way for your spouse to reside in a country outside the US.

Edited November 6, 2023 by Crazy Cat

[megaladon 2]

2 minutes ago, Crazy Cat said:

It costs nothing to ask the consulate.  As I said, you are seeking a way for your spouse to reside in a country outside the US.

Yes I will ask the consulate, but am using this forum to gather as much understanding before I contact them, to optimize my chances.

To clarify she will NOT be residing in Germany.  She will be accompanying me in Germany as a military dependent, or she may also choose go to the USA to work on her career as she cannot work in Germany legally if she is here with me.  In any case she will maintain a domicile in the USA as I do, and for the purposes of immigration will be a resident of the USA, not Germany, who happens to be physically present in Germany except for returning to the USA at least once per year and maintaining a domicle there.

[Crazy Cat 41,984]

 It doesn't work like that.  Please keep us informed.  

Edited November 6, 2023 by Crazy Cat

[Boiler 45,733]

A Green Card is for living in the US, not Germany. You become a Legal Permanent Resident, of the US.

 

I really do not see this working but how would she interview anyway in Germany for an Immigrant Visa to the US?