Hello, we have the following situation.

I am in the US on my J-1 since August 2005, now I am on my second J-1 and am doing J-1 Acadamic Training. I work for Siemens as an intern after completing my MBA. During my studies I met my fiance. We ae planning on getting married here in the US this month.

Originally we were planning on staying in the US. But now I got a job offer from Germany and are considering moving to Germany.

My fiance just completed college and is teaching HighSchool. Therefore we will need a Joint sponsor for the I864.

My question is can we go to Germany and live there for a while (2-4 years) and then move back to the US?
We will do the DCF then right?

Are there any problems? I would appreciate any help.

markus

At this point DCF is no longer an option, a new law went into effect making all petitions needing to be filed at USCIS in the states.

SEE: http://travel.state.gov/visa/immigrants/immigrants_3121.html

You can live abroad, and about 1 year before returning to the USA then file for an IR-1 visa, at that time the rules may change allowing DCF again, or you would still file the petition to the appropriate office in the USA.

A few things: Make sure that your wife maintains domicile in the USA, and if she works that she continues to file returns, even though she may not have to pay any taxes. These will cause problems when it comes time to file for the IR-1 visa.

http://travel.state.gov/visa/immigrants/ty...types_1315.html
http://travel.state.gov/visa/immigrants/ty...1.html#Domicile
http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf (Explains Domicile and IRS Return requirements)

Hi Markus,
I read your post asking whether you can file through DCF if you and your wife are living here in Germany. Although the laws have changed somewhat, I believe you can. My husband and I just filed in early December, and because Germany happens to have a USCIS Office in Frankfurt, they are processing I-130 petitions as normal. The only requirement to file through Frankfurt is that you be a resident of Germany, which I'm assuming you would be if you were working here and living here. As far as I know from the woman I contacted in Frankfurt, this has not changed even with the Adam Walsh Act--the new law referenced below. DCF has changed for those folks living in countries without USCIS Offices--it looks like you can no longer apply for DCF through an embassy, for example...but you should be fine to file in Frankfurt. You could always email them at USCIS.Frankfurt@dhs.gov to double-check. Hope this information helps! And good luck!

Best wishes,
Mary