New guy with some DCF questions

[wortu 1]

Hi everyone,

My fiancée and I have been together since 2008. I've been living and working in Germany for a few years now. She will finish her last day of university this week, so we’ll no longer be tied to Munich, and we’re getting married (in Munich) on August 1st.

I have the goal to move back to California before the end of this year, and I’d like my fiancée to come with me (ideal) or, barring that, have to only wait in Germany for a short time (one or two months tops) before being allowed to join me.

I plan to use DCF to try to get a CR-1 spouse visa for her.

Right now I’m following this (http://germany.usembassy.gov/visa/files/i130_instructions.pdf) to prepare my i130 package. However I still have some questions (I've already read through http://www.visajourney.com/forums/topic/436253-dcf-in-frankfurt-2013), and maybe you guys can help.

• Should I be preparing anything besides the i130 package right now, i.e. is there something I should be submitting concurrently?

• What comes after submitting the i130 package? Do I just wait to get instruction from Frankfurt? What other action can/should I take while waiting?

• Under what conditions may my wife travel to the US (on VWP) between the date of sending the i130 package and the approval of the CR-1? It would be nice to be able to look for apartments, look for (but not start) a job for her, etc. etc. This would of course be under the genuine intent to return to Germany in order to enter properly with the CR 1.

• I’m concerned about the affidavit of support, Form I-864. I’m changing jobs entirely and haven’t had to pay US federal income tax the last three years (though I filed federal returns – probably with some mistakes). The only address I have in the US is that of my parents. Will a new work contract with a reputable employer be enough? Should I use my parents as co-sponsors? What should I use for the address?

Hmm. After writing out all those questions, I realize how little I know! I’ll call the consulate in Frankfurt this week and see if they can help, particularly with getting a jumpstart on whatever steps come after mailing in the i130 package. There’s also an open info day at the consulate here in Munich next Saturday, and they may be able to offer some answers.

Thanks!

[veronicavonn 7]

• Should I be preparing anything besides the i130 package right now, i.e. is there something I should be submitting concurrently?

Nothing other than the paperwork asked for should be sent in the with I-130 package, unless it is supporting documents.

• What comes after submitting the i130 package? Do I just wait to get instruction from Frankfurt? What other action can/should I take while waiting?

You will wait, and then wait some more. The average time that the consulate says that it takes for a petition to get approved is 90 days. HOWEVER, going off of recent successful cases, it is actually more around 60 days to approval. (This can change though, so make sure you are prepared to wait 90 days.)

Yes, wait until you receive a letter from Frankfurt stating that your petition has been approved before sending anything else to them. While you are waiting, you can make sure that your wife has all of her shots up to date (which she has to have done prior to her medical exam), and you can get any other documents that you need that you currently don't have (police good conduct certificate, etc.).

• I’m concerned about the affidavit of support, Form I-864. I’m changing jobs entirely and haven’t had to pay US federal income tax the last three years (though I filed federal returns – probably with some mistakes). The only address I have in the US is that of my parents. Will a new work contract with a reputable employer be enough? Should I use my parents as co-sponsors? What should I use for the address?

If you already have a contract with your new job, that should be enough proof. You will still need to show proof of your previous income and what you will be making at the new job. Though I do think that they can request you to have a Joint Sponsor because your income is not continuing from the same source.

You will need to attach copies of your last three years of taxes. Yes, Federal taxes.

If you kept your US Domicile while living in Germany, or plan on getting US Domicile once you return, you can put your address there (if you plan on moving in with your parents, use theirs - I am doing the same). That is, under "mailing address" you put your US address, and on "residence address" you would put your German address.

**Note: I am not a professional and I am currently in the process of doing the DCF as well. There are many others here on VJ that know more than I do. Hopefully someone chimes in if my information is wrong.

[wortu 1]

Good info, veronicavonn. Thanks. My priority right now is making sure I do the first step(s) correctly and as soon as possible, so I guess my efforts on the i130 package are correct.

[wortu 1]

Hopefully this will be of help to someone....

I sent the following email with several questions to the consulate:

Hello,

I am a US citizen residing in Germany and have been in a relationship with my fiancee since 2008. We will marry next week, and I am in the midst of preparing an I-130 petition on her behalf. I have some questions specific to filing with you and your preferences:

1. Regarding the two required forms G-325A, what should I select in the field "This form is submitted in connection with an application for:"? Is checking "Other (Specify)" and simply writing in "I-130 petition" sufficient?
2. For the forms G-325A, I will need to expand the "residence last five years" and "employment last five years" sections beyond the space provided. Is simply duplicating and expanding the table in an attachment sufficient, or do you have a preferred format for G-325A attachments?
3. Regarding form I-130 line number 18 ("Address in the United States where your relative intends to live"), what address should I provide if it is not 100% certain where my wife and I will live in the US? (I don't want to reside in the US until my wife can come with me.) May I simply provide the address of stable, trusted relatives in the US, e.g. my parents?
4. Your instructions state “Please include a mailing address, physical address, work address of both the petitioner and beneficiary (spouse, child, parent, brother or sister). In addition, please include home phone, work phone, cell phone and email addresses of both the petitioner and the beneficiary.” Is there a form for providing this information, or is a simple attachment of my own design OK?
5. Regarding "evidence related to the bona fides of the relationship," your instructions/checklist at http://germany.usembassy.gov/visa/files/i130_instructions.pdf makes no mention, while the instructions/checklist at http://photos.state.gov/libraries/frankfurt/9318/consular_pdf/I130%20Instructions%20and%20Checklist.pdf indicate that it's voluntary ("...you may also wish to submit additional evidence..."). Is evidence expected? Recommended? Desired on your part? Are address registrations at the central authority (Anmeldung bei der Meldebehörde) at the same address (with translations) acceptable evidence of cohabitation (as the primary earner, I am the only signer of the apartment lease)? If using affidavits from friends and/or family, how many affidavits are necessary? Do you like to have any other information, e.g. how and where we met or photos of us on vacations as a couple?

Thank you in advance for your response. I know that if I can file a clear and complete petition, it will make things easier for both of us.

Sincerely,

me

and got an expected but nonetheless helpful response:

Hello,

1. That’s ok.

2. Just add the info on a separate sheet of paper.

3. Yes, that’s fine.

4. Just add an additional sheet of paper with the info on it.

5. It’s up to you, but if you provide additional info, it’ll make the adjudication easier. Worst case if you don’t provide anything on your own, you will be requested to do so. The more the better, affidavits, pictures of places you went together, email correspondences etc.

USCIS FRANKFURT