Hi all,

I've read through the USCIS website, (and Googled until I gave up) but could not find any information about petitioning parents while the petitioner is in a military base overseas. I've tried the JAG office here, but they know nada. To be precise, I'm looking for a clause that would allow her to fly directly to Germany (we're currently stationed here). Can her port of entry be other than the US?

From what I have read so far, normal I-130 procedure ends with the parent having to fly to the US, being given an I-94, and files I-485 to register PR. If this is the route to go, then my mom would have to stay with my in-laws. However, she told me that she would be more comfortable if she stays with us - this'll make the transition easier for her, hence I'm doing all this research and still can't find anything

If anybody can point me to the right direction, please feel free to PM me or respond to this post.

Thank you in advance!

Hi,

Regarding the PoE - I don't know if this information will be helpful, but even those of us stationed outside the US must enter a US PoE in order to have our visas validated. But that does not mean that we have to stay there. USCIS has special rules for dependents of Active Duty Military personnel and as such we are geographically outside the US but our home of record and our domicile is in the US (I hope that makes sense?) I for example will be entering in January but will then be coming back to Germany for the remainder of my husband's tour here.

HOWEVER your Mother would not be an Active Duty Military dependent (I don't think?) and therefore would need to have her permanent residence in the US even if she spent a lot of time visiting you. She is not (I don't think anyway, someone correct me if I am wrong) going to be covered under the special terms we Active Duty dependents are.

What is your Mother's citizenship? Because living in Germany is allowed for EC citizens if she is one. How long are you posted in Germany for? Check the timelines, if the wait is quite long and you are returning to the US within a couple of years this might not even be an issue.

I'd suggest contacting USCIS and explaining the situation; I hope they can give you some answers?

Best wishes
~Candace

(I found JAG about as useful as a chocolate teapot too)

Thank you for replying Candace!

You're right, my Mom is not a military dependent, that's why it's hard to find anything under military immigration laws because those only cover the dependents.

My husband had heard of a coworker who married a foreign national prior to his move to Germany, and because she was included on his orders, she can bypass US PoE. The details are not clear, but he said she is flying directly to Germany. I'm not sure how they would fill out the I-94 information on the I-485 form. But yeah, it'll be less complicated if my mom was a military dependent.

My mom is a Filipino citizen, so good luck getting a visa to travel anywhere I will try to contact the Frankfurt office later today and see what I can find out. If she *has* to go through a US PoE, then so be it. She will just have to stay with my in-laws and wait for her GC while in the US, afterwhich she can either travel back to the Philippines or we can make arrangements for her to move to Germany. Either way, she would need a re-entry permit depending on how long she'll be out of the US. I can already imagine the logistical nightmare! Ah, life in the military

Thanks again Candace!

How is it the normal procedure for her to enter the US based only on an I-130 petition and file I-485? That's normally called immigrating without an immigrant visa, but an I-130 won't get her into the US.

I don't quite understand what you're after.. can you clarify?

Hi meauxna,

I'm aware that an I-130 is a petition and is not a visa...I wrote that from I what found out, I-130 petition ENDS with the parent having to fly to the US...it means that filing the I-130 is a START of the process to obtain a visa. Assuming there is no glitch and an immigrant visa is granted, then the next step is to fly to the US and obtain an I-94 at the PoE. The I-94 information is asked when filing I-485.

My then-fiance, now husband, filed for I-129F for me to obtain a K1 visa. So I pretty much have a good grasp of the whole process, albeit in a different category, this time for my parent.

What I was wanting to know is, if there is a clause that would allow my Mom to bypass the US PoE, since the petitioner (Me) is based overseas on a US military installation. I suspect this is unlikely because:

1) My mom is not a military dependent - hence military immigration laws do not apply to her, as it did for me when I applied for expedited naturalization.
2) I have not come across information that says filing I-485 is possible w/o setting foot in the US - she needs that I-94.

However, I thought it might not hurt to ask and see if there's someone in the same boat, and knew more about this case than I do.

I hope I clarified my concern.

No need to take umbrage. The K-1 process is significantly different from the IV process, which is the one I went through.

After I-130, the beneficiary goes to her Consular Section and interviews and is given her visa.
When she flies to the US, she does not get an I-94 and she does not file I-485. She actually becomes a Permanent Resident at her first US entry.

There is a rule attached to the I-864 that discusses where the Sponsor must be before the beneficiary can enter the US, but I am not sure on how that will apply to a child/parent process. Or if there is any accomodation for USC sponsors who are outside the US on military business. You may have to be in the US before Mom can come over.
Mom will have to get into Germany on her own, as you point out with the 'dependant' business.

The whole issue is about a year away. I don't know how far ahead you are planning for.

I apologize if I sounded miffed, I've been trying to figure out for hours now why this IPC thing suddenly won't work with Skype, the ST1 connection shut down a couple of hours ago and I don't know why. I've updated the software, reinstalled everything, checked my routers, emailed customer support, unplug, reboot, etc. This is the wrong board for this But I'm really sorry

Anyway, this whole Immigration thing can really be a puzzle. I was told that once she gets to the US, she has to register permanent residence, not necessarily adjust, but using the same form (I-485). Thanks for correcting this bad information So, from what you're saying once she gets to the US, she then waits for her GC, right? No more further steps?

I was hoping I can be with my mom when she gets to the US, that's why I want to figure this out as early as now. I have to make plans to fly there and stay with her until she gets her GC, then she'll have an option to go back to the Philippines or come with me to Germany. I'm currently in school and have a full time job, so trying to figure out this whole process really helps, that way I'll have an idea of how long I'd be on leave from my job and school.

Of course I can always sit back and take it easy, but I'm just a worry-wart like that

Thanks for helping meauxna, I really appreciate it

Follow up on this (and thanks for pointing out the I-864, I haven't even thought about that). From http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf:

"If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States."

You were right on the money on this, no special distinction about child/parent process. We won't be back Stateside until 2009, we would visit before then, but that doesn't count. I guess my in-laws could sponsor my Mom, this is possible, right?

Don't sweat it, I just kicked the cat. (kidding!)

I don't know what you mean about what you were told.. it's a little vague to pin anything on. But, i can tell you that if she has an Immigrant Visa, the act of entering 'registers' her Permanent Resident status in that it is given to her in *that* moment. From that moment, she is a Permanent Resident and her Green Card is mailed to her automatically. Social Security card, too, if she wants.

This stuff from the DCF Guide applies to you, too:

Also, read my first post in this thread: Arriving in America, The POE Drill

On to your next post.. it gets interesting..





OK, that clears *that* up, sort of.

But first---how is it that you filed I-130 to Ffurt USCIS? Normally that is done when the visa application will take place in the same country, but Mom will interview in Manila. Did Frankfurt CIS tell you they would send the approved petition to Manila for you, or will it go to the NVC? This is an important thing to find out.

Next is what your legal residence is considered to be. Because of the military, and living on base (?), I wonder if you are considered to be "in" the US at this moment. I'll bet anything that your permanent domicile is there now, but I am not clear on how this affects the issue above, with you being required to be in the US before her.

Don't panic, it's unusual but not unique. It may just take you a little while to work out the answers, so stay patient (and there is no house on fire, so a little time is OK).

Going back to the initial post it looked like you wanted your Mother to visit you in Germany?

The process for her to get a Visitors Visa to go to Germany would be on the German Consulate web site for the Phillipines.

Wow, thank you for all this info

During the Q&A portion of my oath ceremony, I asked the Immigration Officer about filing a petition while stationed abroad, he said that most overseas consulate office can process *some* petitions. So I checked the USCIS website and sure enough Frankfurt office can process I-130. As to how the process goes, I'm not sure. I was intending to call them today but life got in the way, so I would have to do it tomorrow.

As for our legal residence, we maintain legal residency in California and the military allows us to do that despite being stationed overseas. Also, since my husband is employed by the US government, we maintain US domicile. I can only guess that the reason for requiring physical presence in the US when a sponsored relative enters the country is so that, the person accountable can guide the new immigrant. Of course, I'm wrong on this but it's close to midnight here and I still haven't figured out my USB phone system.

I can barely keep my eyes open now so I'll hit the sack. Tomorrow is another day of fact-finding and trouble-shooting, so exciting

Thanks again meauxna! You've been a really great help.

PS. I promise to be patient if you promise not to kick the cat

Adding to that, she would need an invitation from you or your husband that is notarized by the German authorities for any Schengen visa to be considered.

You normally have to be a resident of the country for the Consulate to consider handling a vsa application.

It would say on their web site. There are some odd exceptions so worth checking with the Consulate.

But how would she attend the interview?

Boiler,
I think she just filed the I-130 to the first obvious place, not necessarily intending it to be a "DCF" type case. Frankfurt is a major USCIS Field Office, so I can see her logic.
By her own admission, hadn't through through the next part. I think Frankfurt would either send it over to NVC for normal visa app processing, or, less likely, straight on to Manila (which also has a Field Office) to the IV Unit in the ConSec.

My mom can try to get a visitor's visa to go to Germany but I wanted to start her GC processing asap, Mom is not getting any younger.

Btw, Meauxna, I called Frankfurt and I was told that they will forward the application to NVC.

Oh and I just realize one mistake I made while filling out I-130 section C-17 - I did NOT include myself! I just put down my brother's name! I know, so stoooppiid Never, ever, fill out a form late at night. Now I'm waiting for those docs to find their way back to my PO box.

Where does ever living in the US fit in all of this, other than while waiting for a GC?

Good point, you have to be Resident in the US if you wish to maintain LPR status.

This process takes about an average of 1 year right? So which means that if I submit the applicaton this year, everything *hopefully* will be done late 2007 or early 2008. If plans go well and I finish school next year, I plan to fly to the US and review/sit for the CPA exam in CA. This can either be early to mid 2008. Who knows, I might even get a job with the Big Four and stay if opportunity presents itself.

If this will not be the case, *knock on wood* and Mom gets her GC before I'm able to test for the CPA boards, then she would have options to either stay with my in-laws in CA, fly back home to the Philippines or arrange for an extended stay in Germany - the last 2 I think she'd need a reentry permit. Either way, she will have options.

She plans to maintain LPR status once we're setlled in the US, meanwhile clock is ticking and who knows how long my petition is going to sit somewhere. I still have not received NOA1 and it's been almost a month since I sent the application. If things are slow the way it is, then perhaps Mom can get her GC when we're officially back in the US mid 2009.

So yeah, these are our plans and hopefully, USCIS will cooperate so they pan out