Requirements for DCF

[JFH 12,189]

and then immediate permanent resident status when you get to the US.

You will have been married less than 2 years when upon arrive so your wife will have a 2-year conditional green card and you will need to go through the ROC procedure later.

[lost_at_sea 995]

RoC applies to K1 marriages, too, so that step is moot.

IMHO, they're making the smart choice assuming the embassy doesn't mind that the beneficiary is in Canada. They could feasibly send the visa package to her local consulate where she resides, but I've never seen a case like this to know if that's actually doable.

Oh, and I forgot to mention before. As well as proving your US residency (or intent to re-establish one), you the petitioner will need to enter the USA either before the beneficiary does with their visa or at the same time, so if you were thinking she'd move ahead of you or anything, then that's not allowed.

Edited April 25, 2016 by lost_at_sea

[AudreyND 14]

"They could feasibly send the visa package to her local consulate where she resides, but I've never seen a case like this to know if that's actually doable."

A case transfer from embassy to embassy takes 4 to 8 weeks. My DCF case was transfered from Naha (Japan) to Montréal and took about 7 weeks to do so. So keep that in mind.

[Marrienne 112]

We are doing DCF in Greece. My USC husband is a legal resident, he was a green card and I am Greek of course

We got a RFE that sent us back two months, for just one single document. Keep that in mind. If you got that and none of you were in Germany, who would take care of such an issue??

Also, when you sent in papers, wouldn't they notice they were from another country and not local mail?

Not sure how the interview would work because we both live here legally but we started the process on 28th January, it is mid May and we are still trying to get through it so especially if you get a RFE, it is not that fast.
In the sense that delays can happen and it will be more difficult if they request more papers from you if you are in the USA.

So while DCF is probably faster, it CAN take a lot longer than 6 months!!! Depends on the case

Good luck with whatever you decide!!!

[yk90 1]

Well I do currently live here and will send the petition off from within Germany.
So I am not doing anything shady by submitting it with the embassy in Germany.

I contacted the embassy and they said it is perfectly fine to move after you have submitted the application

and that it does not matter where the person lives that I am petitioning for.

We are going to use a lawyer located in Germany to check all our documents and handle future RFEs.

In addition, my parents also live in Germany and would be able to submitt additional documents if necessary.

We will keep in mind that requesting an interview in Canada may be slower, but in that case my wife can simply

fly to Germany to do the interview so that does not seem like an issue either.

Thanks for all your input

[Marrienne 112]

Awesome!! If you hire a lawyer then you should be fine!!! :)
Best of luck!!