Will there be any issues?

[Cookie2706 0]

End of 2008 i met my ex husband who moved to the States at the begining of 2009. We got married in October 2009 and started the CR-1 visa process. In July 2010 i moved to the states with a conditional green card. After arriving in America it became clear real quick that my marriage wasn't going to last. My ex husband was very abusive. I put up with it for a year and left in October 2011. I called the embassy in Frankfurt when i got back and told them the situation and they told me to send back the Green Card. I did this and never heard anything back.

After getting back i got right back into my old job and applied for nursing school. I was happy again and planned on just taking care of me. In March i finally got the news that i was accepted for nursing school in October. In June i started talking to my OH online. We talked for hours on end and he said he wanted to see me before he deployed for 9 months. He flew from Italy to see me and we had a great weekend together. He deployed in July and we just became a couple. Things just seemed to fit and 2 years down the line we are still doing great. We see each other every other month sometimes just for a weekend sometimes for longer and when either of us have leave we spend it together.

My OH is due to leave the military and Italy in January and i don't finish school till September 2015. We would like to be together after i finish nursing school so i am trying to look into all the options we have. I am just worried things are going to get tough as i know from my past that the visa process takes time and patients.

• Will he be able to be my sponser only if he has a job? He is looking at joining the police academy when he gets back to the states.
• Will there be any issues with my past, having already had a condition green card before?
• Does it make sense to apply for the CR-1 once we are married or should we do the K1 visa? What is the price difference?

[Stressed Out 81]

As long as he makes enough above the poverty line. I believe if he's in active duty (which he won't be for much longer) then he's allowed to be only at the 100% mark, but otherwise the typical 125% above the poverty line, which would be about $20k a year.

As long as you tell the truth all shoudl be fine. You already showed good intentions by voluntarily returning your green card in 2011. The CO should be able to gather the stereotypical "we were young and dumb" storyline you have to offer regarding your ex. Most important is proving your strong ties to your currant partner...Skype chats, gift receipts, everything that has your name on it together...throw it at 'em.

And sorry but I don't have much advice to offer on the K-visas since I was already married by the time I realized I wanted to move back home. Getting married in Germany is the easiest thing ever, IMO, so I wouldn't 'not' recommend it. Just make sure you request the international marriage certificate to avoid future translations.

[StrawberryKiss 170]

Ok, so if you really want to get married in Germany, remember that you have to apply for a permit at the OLG that has jurisdiction over your area, so your American husband can actually marry you here (maybe this just applies to Bavaria, if so please ignore the following sentences). This includes just filling out some forms at the Standesamt, submitting a current paycheck (the fee for the permit is around 10% of his income - since you're a student - and is determined by the OLG), his birth cert and a notarized/sworn statement of never having been married before (unless divorced, then submit divorce decree). It will take a few weeks or months until you actually receive your approved permit from the OLG, depending on how busy they are. I'm just giving you a heads up because we found this whole process very stressful and figured out that it would have been easier for us to get married in Texas.

Regarding the costs, it is cheaper to do the CR-1 since it already includes the temporary green card and a work permit upon approval, just have to file for removal of conditions (ROC) within the 90 days before your 2-year-green card expires . If you go the K1-route, you also have to adjust your status (AOS - apply for temporary green card) and apply for employment authorization (EA) after your wedding. And then, of course, you need to file for ROC, too. Altogether, going the K1-route costs you about $1,000 more.

Edited September 24, 2014 by StrawberryKiss

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[Stressed Out 81]

Yeah I had to have both my birth certificate and my Certificate of Free Status (for the foreign/non-German spouse) attached to apostilles and professionally translated. From what I remember, that's all the official paperwork I had to bring along to the Standesamt. Passport, too, of course.

1. In Germany, documents are required to be no older than 6 months old, so you may need to acquire new copies of birth certificates.

2. To obtain apostilles for documents, you only need to contact the State in which the document was produced. It's easiest to just Google "apostille ('State name')".

3. Regarding the Certificate of Free Status:

• All foreigners marrying in Germany require an "Ehefähigkeitszeugnis" which is a Certificate of Free Status stating that you are legally free to marry. This document may be obtained by making an appointment for a notarial service at the U.S. Embassy in Berlin or at the Consulate General in Frankfurt. The document may also be obtained without an appointment during the operating hours of the Consular Agency in Bremen. Residents of Bavaria may take the oath on this document directly at the Standesamt and do not need to come to the Consulate.

4. Fees are based off of income I believe. We were under the poverty level at that time and only had to pay 25 EUR.