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ditwar

US citizen living in Germany (with german green card) applying for K-1 for fiance

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Hello I live together in Germany with my German fiance since 2010. Now we are considering moving to the United States and apply for K1 to get married in the United States. I have read in some forums that is a requirement that I must have a domicile in the United States, but this is not my case because I live more than 10 years in Germany, but I have family in the United States.

Could this cause problems if I apply for the K1 for my fiancé? If this is a problem, what else can I do? Another problem I have is that my own earnings are well below the minimum poverty. Could I ask someone to sign as sponsor the petition?

He is a young man, an electrical engineer and has very good chances to get a good job, he will not be a burden to the government.

Thank you

Edited by ditwar

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Why don't you get married there and file DCF in Frankfurt? Cheaper than K-1 plus AOS and he can start working as soon as he gets to the US.

If I-864 income is not enough, you'll need to find a sponsor.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Why don't you get married there and file DCF in Frankfurt? Cheaper than K-1 plus AOS and he can start working as soon as he gets to the US.

If I-864 income is not enough, you'll need to find a sponso

Because I have read that it takes much longer and we want to move to the United States at the end of this year. Another reason is that the requirements for the affidavit of support I-864 are more stric that the form i-134. I've also read that in case of the form i-134, each consulate has its own rules and at least here in Frankfurt is not required that I as petitioners file the Affidavit of Support, I've read that he is the one that have to file it.

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The K1 does not get you around the I-864. That is required for stateside AOS after marrying on K-1 anyway.

Follow the advice, marry and DCF from Frankfurt, cheaper (by about $1000), faster (takes around 3 months to complete in Frankfurt - K1 takes 6-10 months depending on the Service Center) and your fiance/wife has a green card and hence work permit straight away and you can move together.

I would LOOOOOOOVE to be able to DCF!

Edited by TabeaK

K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)

event.png
 

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Because I have read that it takes much longer and we want to move to the United States at the end of this year. Another reason is that the requirements for the affidavit of support I-864 are more stric that the form i-134. I've also read that in case of the form i-134, each consulate has its own rules and at least here in Frankfurt is not required that I as petitioners file the Affidavit of Support, I've read that he is the one that have to file it.

I think you read a wrong topic - focus your search of "DCF Frankfurt" and you will be done before the end of year. For AOS, get a joint sponsor.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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The K1 does not get you around the I-864. That is required for stateside AOS after marrying on K-1 anyway.

Follow the advice, marry and DCF from Frankfurt, cheaper (by about $1000), faster (takes around 3 months to complete in Frankfurt - K1 takes 6-10 months depending on the Service Center) and your fiance/wife has a green card and hence work permit straight away and you can move together.

I would LOOOOOOOVE to be able to DCF!

Winner winner chicken dinner. This is the way I would go.

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The K1 does not get you around the I-864. That is required for stateside AOS after marrying on K-1 anyway.

Follow the advice, marry and DCF from Frankfurt, cheaper (by about $1000), faster (takes around 3 months to complete in Frankfurt - K1 takes 6-10 months depending on the Service Center) and your fiance/wife has a green card and hence work permit straight away and you can move together.

I would LOOOOOOOVE to be able to DCF!

Thank you for your answers. I did not know that DCF was so fast. I will definitely consider the DCF option. But I have a question about the I-864 and the joint sponsor: I read in this page: (http://www.***removed***/affidavit-of-support/country-of-domicile.html) that in the affidavit of support, I must have a domicile in the US, and if this is not the case a joint sponsor cannot be authorized.

"A U.S citizen or legal permanent resident petitioner who is not domiciled in the US cannot sponsor. The law requires that sponsor be domiciled in any of the states of the US, the distric of Columbia, or any territory or possesion of the US."

"A joint sponsor cannot be authorized in cases where the petitioner cannot be a sponsor by virtue of domicile. The petitioner must first meet all requirements for being a sponsor (age, domicile, and citizenship) except those relating to income before there can be a joint sponsor."

So what is if we marry here, I file a DCF in Frankfurt and I cannot have a joint sponsor for the I-864 because I do not live yet in the US? Or can I wait until we are in the US to file the I-864? or could they make an exception because I am filling the DCF here?

What happend if we do not find someone that wants to be our joint sponsor? Could they consider his income if he is working?

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~ Moving to DCF forum. ~

OP, google domicile in Canada forum - they have some good advice on it.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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My USC husband filed I-130 for me through Frankurt DCF November 2014 and I have my interview next week.

It would have been even quicker but getting my German police cert slowed things down a bit (I'm British) but other than that, the Consulate has been very quick and efficient with their correspondence.

Edited by D&B18

I'm from the UK, hubby is from Michigan and is a retired US Army Officer.   We are currently stationed overseas.

Here is our immigration journey so far....

10.26.13 - Our wedding in Scotland 

11.26.14 - Filed I-130 at US Consulate, Frankfurt (DCF)

11.18.14 - Returned to Scotland to renew our vows for our first wedding anniversary

01.08.15 - NOA2 received in snail mail, together with case number and Packet 3 instructions

02.15.15 - Submitted Packet 3

02.17.15 - Packet 4 received by email with instructions to schedule medical and interview

02.18.15 - Email authorisation received from Consulate to gain access to appointment calendar

03.03.15 - Medical

03.18.15 - Interview - APPROVED!

03.21.15 - Visa in hand

06.10.15 - POE Chicago (final destination Detroit)

07.20.15 - Received SSN in mail

07.27.15 - Received 2 year green card in mail

The journey to ROC starts here...!

10.05.15 - Returned to Germany on government orders

05.25.17 - Mailed ROC package to California Service Centre

06.14.17 - Received NOA 1 (dated 05.30.17)

09.05.18 - Received a second NOA (dated 08.11.18) granting a further six months extension to green card due to 'processing delays'

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Thank you for your answers. I did not know that DCF was so fast. I will definitely consider the DCF option. But I have a question about the I-864 and the joint sponsor: I read in this page: (http://www.***removed***/affidavit-of-support/country-of-domicile.html) that in the affidavit of support, I must have a domicile in the US, and if this is not the case a joint sponsor cannot be authorized.

"A U.S citizen or legal permanent resident petitioner who is not domiciled in the US cannot sponsor. The law requires that sponsor be domiciled in any of the states of the US, the distric of Columbia, or any territory or possesion of the US."

"A joint sponsor cannot be authorized in cases where the petitioner cannot be a sponsor by virtue of domicile. The petitioner must first meet all requirements for being a sponsor (age, domicile, and citizenship) except those relating to income before there can be a joint sponsor."

As others have said, marrying then filing direct to Frankfurt will be the fastest, simplest, and cheapest path. See the links in my signature for more information.

To help clarify the bits that you quoted: Domicile is not necessarily synonymous with where you currently live, but rather references your permanent home ("principal residence" in the I-864 instructions). That means you can address the domicile requirement even if you plan to live in Germany until your fiance/husband moves to the US. You would do this either by showing that you have maintained US domicile or that you intend to reestablish US domicile no later than the date that he enters. These links might help:

I-864 form and instructions

State Department FAQ

London embassy's FAQ

VJ wiki (including a sample letter to address this requirement)

What happend if we do not find someone that wants to be our joint sponsor? Could they consider his income if he is working?

The intending immigrant spouse's income can be used to sponsor, but only if it will continue from the same source after moving to the US. The same goes for your income. The assets that you mentioned can be used to sponsor or to supplement your sponsorship. More information is in the I-864 instructions.

Edited by awaywego

2012: Married
2014 2016 2017: I-130 packet direct to Frankfurt

Frankfurt's "steps" to DCF:

Step 1: I-130 Petition Checklist (PDF, from their USCIS page)

Step 2: Immigrant/Fiance(e) & K-Visa Applicant Checklist (PDF, from their Appointment & Interview page)

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As others have said, marrying then filing direct to Frankfurt will be the fastest, simplest, and cheapest path. See the links in my signature for more information.

To help clarify the bits that you quoted: Domicile is not necessarily synonymous with where you currently live, but rather references your permanent home ("principal residence" in the I-864 instructions). That means you can address the domicile requirement even if you plan to live in Germany until your fiance/husband moves to the US. You would do this either by showing that you have maintained US domicile or that you intend to reestablish US domicile no later than the date that he enters. These links might help:

I-864 form and instructions

State Department FAQ

London embassy's FAQ

VJ wiki (including a sample letter to address this requirement)

The intending immigrant spouse's income can be used to sponsor, but only if it will continue from the same source after moving to the US. The same goes for your income. The assets that you mentioned can be used to sponsor or to supplement your sponsorship. More information is in the I-864 instructions.

Thank you so much for the information, you helped me a lot. I think there is a good chance that I can be his sponsor. I read that one of the requirements demanded is a tax return for evidence of income. Last year I did my US tax returns (as american abroad I have to do it!, no matter how much is my income! :bonk: ) my accountant made a deduction for foreign residence. Could this affect me when I try to proof my permanent residence in the US?

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