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Posted

She cannot stay because she visited with the intention of filing to stay. This is immigration fraud. She could be banned permanently. She can visit, start the process, but she will need to return to Germany or where ever home is for her at that time to medical and interview at the embassy.

Hundreds of couples do this... legally. You are not the only one who wants to be with the one they love sooner, but if we can do it legally, you can to.

Don't risk your future because you want to bypass the legal process, the results of being found of immigration fraud are not worth it, when you can do it legally within a year's process.

BTW - If you file directly from Germany, with you there, it's much faster usually. It's Direct Consular Filing. I advice you to do the research here on VJ.

Wife US Citizen/Husband UK Citizen


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Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

A great many multiple threads (identical or similar-themed) have been merged. Please do NOT start another thread; post additional questions in THIS thread. Thanks.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

OP, you are getting mixed answers because you are all over the place with the explanation of your situation. First you state you are in the US with your wife, then later you say you and your wife are in Germany. People reading can't tell if you're asking hypothetical questions or stating what the situation actually is. The answers to your questions are different depending on these circumstances.

The essential question is this: Is your wife currently in the US or not?

If she is still in Germany, then your plan is illegal. It is fraud to travel to the US as a visitor with the intention to stay and immigrate, which seems to be what you're wanting to do. The proper path to get her here is a CR-1 visa.

If she has already legally entered the US as a visitor and you are now deciding you want to her to stay and become a permanent resident, then technically she is allowed to stay while you apply for the green card.

Filed: Citizen (apr) Country: Jordan
Timeline
Posted

If your wife is in Germany right now the only option is the cr1 visa. She cannot come here with VWP the intention to stay and adjust status. Period. Read the guides at the top and stop confusing things by starting multiple threads with hypothetical questions.

The OP is in Germany with his wife. Neither one of them are in the US at this time


My wife came from Canada 2 1/2 years ago on B-1 Visa. She overstayed. We were married in U.S. March of 2014. We started the Spousal Visa process immediately but were delayed it getting it filed due to me having to get my tax situation in order to sponsor her. We are now in the process since mid November 2015. Just received Advanced Parole allowing my wife to travel back to Canada because of her fathers health. On the Advanced Parole there are strong warnings that she could still be detained upon coming back into the United States. Has anyone had any experience with this and is it even worth taking a chance to travel due to separation and 10 year ban on entry to U.S. Thanks in advance.

start your own thread


 
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