Frankfort DCF Questions (Merged)

[R&OC 371]

4 hours ago, Boiler said:

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?

If you are a legal permanent resident in the US but follow your spouse on their military orders/ under SOFA, you are still considered residing stateside despite being Oconus. 

 

We were going through the process in Frankfurt and they are very responsive to inquiries. 

[Boiler 45,449]

24 minutes ago, R&OC said:

If you are a legal permanent resident in the US but follow your spouse on their military orders/ under SOFA, you are still considered residing stateside despite being Oconus. 

 

We were going through the process in Frankfurt and they are very responsive to inquiries. 

I realize that but not the situation here.

[R&OC 371]

8 hours ago, Boiler said:

I realize that but not the situation here.

He is considered residing in the US while under overseas orders. Wouldn’t one be able to make such argument?

[megaladon 2]

15 hours ago, Boiler said:

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?

.

As far a your comment about a green card being for living in the US, not Germany,  she will reside in the USA but under military orders and be physically present with me in Germany.  I also maintain a domicile in the USA and am a US resident.  Just working abroad or living abroad temporarily doe snot mean you are giving up your US residency.  In no way are we becoming residents of Germany.  That's why were under TESA and SOFA, it's a temporary work "visa" in essence, not an immigration visa to Germany.

 

This does work.   I have multiple people I personally know who have done this just this.  

 

As far as how she would come to the interview, that's because she will provided with a SOFA card which she can use to live (NOT reside) in Germany.  

 

My only outstanding question here is how to make the best case for consular processing so that I can speed up processing versus the online method.

 

 

 

 

 

 

 

 

Edited November 7, 2023 by megaladon

[Crazy Cat 41,814]

7 hours ago, R&OC said:

He is considered residing in the US while under overseas orders. Wouldn’t one be able to make such argument?

You can argue anything, but in this case, the spouse does not, and has never, lived in the US with a Green Card.  The OP also has no clear plans to relocate to the US.  IMO, this does not meet exceptional circumstances.  The OP is trying to find a way for the spouse to reside in Germany, not join in the US.   Just my opinion. 

 

Another fact is that the consulate issues visas, not Green Cards.  

Edited November 7, 2023 by Crazy Cat

[Crazy Cat 41,814]

5 hours ago, megaladon said:

I have multiple people I personally know who have done this just this.

What are their thoughts?  I hope you succeed.  Please keep us updated, thereby expanding the knowledgebase here on VJ.  This is certainly not common here.  Good luck.

Edited November 7, 2023 by Crazy Cat

[megaladon 2]

1 hour ago, Crazy Cat said:

You can argue anything, but in this case, the spouse does not, and has never, lived in the US with a Green Card.  The OP also has no clear plans to relocate to the US.  IMO, this does not meet exceptional circumstances.  The OP is trying to find a way for the spouse to reside in Germany, not join in the US.   Just my opinion. 

 

Another fact is that the consulate issues visas, not Green Cards.  

Hi Crazy Cat.  Please let me comment on your points:

1. you stated that my spouse has never lived in the US with a Green Card.   That's why she's getting a Green card to be come a US resident.  I don't quite catch why you would think there is something unusual about that.  The whole point of immigration is to reside in the country you are applying to immigrate to.  Yes it's a visa, and you get a green card as your immigrant (alien) identification card.

2. You have stated the OP has no clear plans to relocate to the US.  You seem to profoundly misunderstand.  I reside in the US already.  I have already stated that repeatedly.  I work and live temporarily in Germany because the US Army has station me here, but I'm 100% a US resident.  I explained this a number of times so I'm not sure why you are claiming the opposite or what you are basing that on.

3. You have stated that this does not meet exceptional circumstances in your opinion.  This is fine to have an opinion, but the entire reason the consulate exists is to serve Americans who are temporarily overseas, so it seems to be their entire purpose is to serve people like me, who are US citizens and residents temporarily serving the country abroad.  Living abroud doesn't mean giving up residency or intending to not return.

 

I'd really appreciate some help with my actual question.  We seem to be going off on unrelated tangents here based some commenters misunderstanding how this works.

 

 

[Crazy Cat 41,814]

The Consulate is the sole approval authority.  Good luck. 

[R&OC 371]

The US General Consulate in Frankfurt does indeed issue I-551s (Greencards) for dependents of active military members. It would definitely not fall into the jurisdiction of Germany as military members stationed in Germany are not accounted for. They are not registered, international students or about to hold jobs on the economy etc (all required for residency). Hence, spouse wants indeed join OP on US base (which one could argue is US territory)?

[Boiler 45,449]

If you know many other people in your situation who have navigated this situation before then they would be the best to advise you.

 

As I see and I can only go what you have posted so not sure if that is all correct.

 

You are in Germany and have no immediate plans to relocate back to the US, one of the common reasons for exceptional circumstances.

 

Your wife is in some unspecified third Country and cannot enter Germany for reasons that are unclear.

 

You wish to process the I 130 in Frankfurt so she can obtain an Immigrant Visa to enter the US, then obtain a GC, well more immediately a I 551 stamp, which will then allow her to enter Germany. I do not know if Germany requires the Card or the Stamp but that is just a matter of timing.

 

I see 2 issues, the one that seems key is how will she attend the interview in Germany? The other is persuading Frankfurt to handle the case. But if she cannot enter Germany anyway, well.

 

How did the people you know handle this?

 

Presumably she can interview in her home country.

[LucindaLou 43]

The US General Consulate in Frankfurt does indeed issue I-551s (Greencards) for dependents of active military members. It would definitely not fall into the jurisdiction of Germany as military members stationed in Germany are not accounted for. They are not registered, international students or about to hold jobs on the economy etc (all required for residency). Hence, spouse wants indeed join OP on US base (which one could argue is US territory)?

Doesn't that require that the spouse is on the military orders? Additionally when we PCSed to Germany in 2004 as a German citizen I had to have a medical in the US to see if I am eligible to travel on my husbands orders and be command sponsored. 

I really hope you will manage to get your wife to Germany, but I think it is not so easy.

[millefleur 5,046]

I would contact the consulate and explain in detail about your case. It's very specific so I think the only place that can give you a clear answer is the consulate in Germany. 

 

Please update us once you hear back from them. 

[millefleur 5,046]

Also just to add: what country is your wife from and what is her citizenship? It's difficult for us to offer help when we don't know her background or why she has these restrictions. 

[megaladon 2]

It sounds like most people in this forum are unaware of the exception for military to the normal Green Card rules!

I also should clarify that I don't need emergency processing, just consular processing.  I was confusing the two concepts.

I have been consulting with others who have done this so I think I know what is needed by the consulate to approve this track.

Edited November 9, 2023 by megaladon

[millefleur 5,046]

4 hours ago, megaladon said:

It sounds like most people in this forum are unaware of the exception for military to the normal Green Card rules!

I also should clarify that I don't need emergency processing, just consular processing.  I was confusing the two concepts.

I have been consulting with others who have done this so I think I know what is needed by the consulate to approve this track.

It's very rare that we see it in the DCF forum. However, we have a military related immigration forum which may be of interest to you:

 

https://www.visajourney.com/forums/forum/152-military-immigration-related-discussion/

 

In any case please update us on your outcome as it will be useful to others in the future, should they be in a similar situation.