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

[ditwar 1]

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 March 9, 2015 by ditwar

[ditwar 1]

P.D Besides that he has saved money.

[milimelo 4,167]

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.

[ditwar 1]

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.

[TabeaK 516]

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 March 11, 2015 by TabeaK

[milimelo 4,167]

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.

[aaron2020 11,651]

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.

[ditwar 1]

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?

[milimelo 4,167]

~ Moving to DCF forum. ~

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

[Soup Dragon 104]

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 March 11, 2015 by D&B18

[awaywego 28]

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 March 12, 2015 by awaywego

[ditwar 1]

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! ) my accountant made a deduction for foreign residence. Could this affect me when I try to proof my permanent residence in the US?