Kid over 18 of foreign military spouse -VISA?

[NigeriaorBust 4,087]

  Don't forget a student visa requires he show intent to return to Germany

[hashtagme 29]

Just now, NigeriaorBust said:

 

 

Just now, NigeriaorBust said:

  Don't forget a student visa requires he show intent to return to Germany

So that means while being there on a student visa I couldn’t file for his I-130? 

[NigeriaorBust 4,087]

  No it means when he interviews for the visa the officer will want to be convinced that his intent is to return to Germany.   You aren't supposed to be using a student visa as a early entry to an immigrant visa.    Also the adult children class is one that gets mentioned  for elimination during reform talks so you could still get the rug pulled out from under you.

[EM_Vandaveer 2,368]

2 hours ago, NuestraUnion said:

I think the silver lining to this is that he is still capable of immigrating to the US. It will just take more time.

You won't get the GC until you are on US soil. Hence the reason I stated in my previous post that you can come to the US for a while to activate/ receive GC then apply for a reentry permit to return to your country to wait it out with your son. However, there is a lot to sacrifice doing it that way.

A green card can take 6 months to a year to receive, HOWEVER, since you are on a spousal visa you will be a permanent resident upon entry. Meaning you can apply for him when you arrive. 

 

The risks of your plan are:

• Him being denied entry due to immigrant intent. (This is the most likely case of happening)
• Him losing his visitor visa/esta
• The POE officer only giving him limited time in the US. Remember , it is not you who decides how long he stays on a visit. An officer can only give him 2 weeks to be here.
• It will STILL take two years before a visa becomes available for him. He will not be able to stay in the US for 2 years. Even flying back and forth every 90 days will cause him to get denied entry or visit visa/esta.
• The only way he is able to stay here and Adjust his status (if he happens to be here on a visit) is if you were a US citizen.

 

This last point makes me wonder, isn't there a special process for naturalization for spouses of USCs stationed abroad? (Meaning OP wouldn't have to wait 3 years as LPR to be eligible to file.)

[EM_Vandaveer 2,368]

~ Moved to "Military-related Immigration Discussion" ~

[hashtagme 29]

1 minute ago, EM_Vandaveer said:

~ Moved to "Military-related Immigration Discussion" ~

Thank you - sorry for posting in the wrong category.

 

[Andrewski 5]

Depending on when your husband has to be back in the states, this may be possible:

1) Husband applies for your I-130; consular processing (Frankfurt around 1 to 4 months)

2) You enter the U.S. right away and become a permanent resident.

3) As soon as you receive permanent residency card, apply for citizenship/naturalization online under INA 319b (around 2 to 8 months, ***only possible if your husband has 12 months left overseas at the time of application submittal)

4) As soon as you become a citizen, apply for your adult son's I-130 via consular processing. (1 to 3 months, No waiting years for visa)

5) Your son receives US permanent residency upon entry into the US.

This way, you would be a citizen before your husband has orders back to the states next year. Verify, for I believe this is possible and a solution. 

Good Luck.

 

[Unlockable 7,306]

5 minutes ago, Andrewski said:

Depending on when your husband has to be back in the states, this may be possible:

1) Husband applies for your I-130; consular processing (Frankfurt around 1 to 4 months)

2) You enter the U.S. right away and become a permanent resident.

3) As soon as you receive permanent residency card, apply for citizenship/naturalization online under INA 319b (around 2 to 8 months, ***only possible if your husband has 12 months left overseas at the time of application submittal)

4) As soon as you become a citizen, apply for your adult son's I-130 via consular processing. (1 to 3 months, No waiting years for visa)

5) Your son receives US permanent residency upon entry into the US.

This way, you would be a citizen before your husband has orders back to the states next year. Verify, for I believe this is possible and a solution. 

Good Luck.

 

Time may not be on her side. Next year when they want to start the process the son will be 20 years old. By the time she gets naturalized he may be already over 21. Which would mean a longer wait.

[hashtagme 29]

15 minutes ago, Andrewski said:

Depending on when your husband has to be back in the states, this may be possible:

1) Husband applies for your I-130; consular processing (Frankfurt around 1 to 4 months)

2) You enter the U.S. right away and become a permanent resident.

3) As soon as you receive permanent residency card, apply for citizenship/naturalization online under INA 319b (around 2 to 8 months, ***only possible if your husband has 12 months left overseas at the time of application submittal)

4) As soon as you become a citizen, apply for your adult son's I-130 via consular processing. (1 to 3 months, No waiting years for visa)

5) Your son receives US permanent residency upon entry into the US.

This way, you would be a citizen before your husband has orders back to the states next year. Verify, for I believe this is possible and a solution. 

Good Luck.

 

If it just me that needs to go to the US, that would be an option. Can I reenter Germany while filing for naturalization?

[Andrewski 5]

8 minutes ago, hashtagme said:

If it just me that needs to go to the US, that would be an option. Can I reenter Germany while filing for naturalization?

If you can enter the US and receive your permanent residency card while your husband is back in Germany, you just come back to Germany right away and apply for naturalization. The only time you need to go back to the states is for your naturalization interview. If you choose Philadelphia, Washington DC, or another major field office, you can have your interview and oath the same day. Only requirement is you would have to fly back to Germany within 45 days of becoming a citizen which shouldn't be an issue since he would still be stationed in Germany.

[hashtagme 29]

21 minutes ago, NuestraUnion said:

Time may not be on her side. Next year when they want to start the process the son will be 20 years old. By the time she gets naturalized he may be already over 21. Which would mean a longer wait.

I could go there earlier for receiving my LPR and then file for reentry again - IF filing for the Naturalization doesn't exclude that

[hashtagme 29]

Just now, Andrewski said:

If you can enter the US and receive your permanent residency card while your husband is back in Germany, you just come back to Germany right away and apply for naturalization. The only time you need to go back to the states is for your naturalization interview. If you choose Philadelphia, Washington DC, or another major field office, you can have your interview and oath the same day. Only requirement is you would have to fly back to Germany within 45 days of becoming a citizen which shouldn't be an issue since he would still be stationed in Germany.

I can apply for naturalisation in Germany?? that would help me us much!

[Andrewski 5]

1 minute ago, hashtagme said:

I can apply for naturalisation in Germany?? that would help me us much!

Yes, exactly. Had you been married 3+ years, you could've naturalized in Rome, Italy. Again, your husband needs to have 12 months left overseas when you apply for naturalization under INA 319b.

[Going through 5,668]

Also remember the father is retiring from the military next year, as per the OP.

 

37 minutes ago, Andrewski said:

Depending on when your husband has to be back in the states, this may be possible:

1) Husband applies for your I-130; consular processing (Frankfurt around 1 to 4 months)

2) You enter the U.S. right away and become a permanent resident.

3) As soon as you receive permanent residency card, apply for citizenship/naturalization online under INA 319b (around 2 to 8 months, ***only possible if your husband has 12 months left overseas at the time of application submittal)

4) As soon as you become a citizen, apply for your adult son's I-130 via consular processing. (1 to 3 months, No waiting years for visa)

5) Your son receives US permanent residency upon entry into the US.

This way, you would be a citizen before your husband has orders back to the states next year. Verify, for I believe this is possible and a solution. 

Good Luck.

 

Won't #3 be impossible since the husband retires from the military next year (as mentioned in the OP)?

[*Snowdrop* 603]

1 minute ago, Going through said:

Also remember the father is retiring from the military next year, as per the OP.

 

Won't #3 be impossible since the husband retires from the military next year (as mentioned in the OP)?

 

If this is a workable plan maybe the OP's husband could delay retirement for 1 year?