Kid over 18 of foreign military spouse -VISA?

[CEE53147 559]

OP,  You are spending so much energy worrying about your oldest child that you are forgetting your younger ones.

[hashtagme 29]

3 hours ago, CEE53147 said:

OP,  You are spending so much energy worrying about your oldest child that you are forgetting your younger ones.

How am I forgetting them? They will be filed I-130 for as well as soon as time comes so they can go with us then. I don’t think there will be any problems with/for them. I’m just trying to find a way to take the eldest too. 

 

Ive asked for an appointment with an immigration lawyer so I am putting all my hopes in that. I wanna see if the option given above would work and then go from there...

[Mom and Son 8]

OP, in case you file for your child based on your GC, the more time USCIS takes to approve the petition, the better, because CSPA will give him more time when his priority date becomes current. Just my two cents.

[hashtagme 29]

8 hours ago, Going through said:

If you are looking to make this move in 2019....and he's planning on retiring in 2020....seems like he's not going to have 12 months of active service left in Europe to qualify for your early filing for the N400.

No, I was looking into the option to file for early naturalization as soon as possible, hopefully this fall. Then there’s enough time left for my husband over here. 

I understand that here are a lot of things that can go wrong and time absolutely needs to be on our time.. at this point though, I see this as our only option to take my eldest with us and not have him wait a few years to come. Also see this as the only option to file for him before he turns 21. 

 

I still have a couple questions though..

-how long will I have to be in the States til I can go back to Germany and file for naturalization? 

-why are the requirements there? I’m guessing I need a Stateside residence 

-does my husband need to be present over there for me activating my LPR?

-what effect will all this have kn my german citizenship and my stay in Germany til next year? I know I might have to file for reentry but I could also fly back to the states in between, which i have to do anyway for the interview

 

[hashtagme 29]

48 minutes ago, Mom and Son said:

OP, in case you file for your child based on your GC, the more time USCIS takes to approve the petition, the better, because CSPA will give him more time when his priority date becomes current. Just my two cents.

Ok thank you

[hashtagme 29]

8 hours ago, Going through said:

Hopefully the real-life timing of everything will work out as perfectly as predictions made, with no RFEs delaying things further, before the eldest son ages out.

OP when are you planning on filing the CR-1 visa?

 

As soon as we had our appointment with the lawyer and he approves that option or even has a different idea. Basically we will file in the next few weeks.

[NikLR 13,220]

58 minutes ago, hashtagme said:

How am I forgetting them? They will be filed I-130 for as well as soon as time comes so they can go with us then. I don’t think there will be any problems with/for them. I’m just trying to find a way to take the eldest too. 

 

Ive asked for an appointment with an immigration lawyer so I am putting all my hopes in that. I wanna see if the option given above would work and then go from there...

Well originally you were going to move back to Germany to wait with the eldest.  The younger ones would be without a mom all that time.  It would be strenuous on your marriage as well. 

Regardless, in a year your son very well may be ready to live on his own.  I was at 18!  I really haven't lived at her home longer than 2 months since then. 

[milimelo 4,210]

Even when on orders the domicile/residence is in the US so no issues there. 

I have two friends who successfully filed I-130 while on orders, spouses went through the consular interview and then flew to the States to activate immigrant visa. Turned around (short trip) and went back to the country the USC spouse is stationed and filed expedited N-400. I think they did interviews in Fairfax, VA office but not sure they had same day oath ceremony- it was done fast. Got the expedited passports in DC and returned overseas within 45 days from naturalization. 

[Andrewski 5]

10 hours ago, hashtagme said:

I still have a couple questions though..

-how long will I have to be in the States til I can go back to Germany and file for naturalization? 

-why are the requirements there? I’m guessing I need a Stateside residence 

-does my husband need to be present over there for me activating my LPR?

-what effect will all this have kn my german citizenship and my stay in Germany til next year? I know I might have to file for reentry but I could also fly back to the states in between, which i have to do anyway for the interview

 

- As soon as you enter the US to activate green card, you can return to Germany. You do need a hard copy of green card to scan and submit with N-400 application so you can either wait around til they mail you your card or go back to germany and have someone in the states mail you your card.

- I belief your husband need not travel with you. Your lawyer should verify.

- Not sure what you mean file for reentry after receiving green card. You are a German citizen so no issue returning to Germany.

- Read this if you would like to keep German dual citizenship ( https://mariaabroad.com/german-us-dual-citizenship/ ) Don't know how accurate this is.

- After returning to the US to get naturalized, have your return ticket to Germany within a few weeks or less so that you can request to have your US passport expedited in a day or two.

[milimelo 4,210]

No, you don’t need a hard copy of GC. You need a stamped immigrant visa which serves as your temporary permanent green card (if and when plastic GC comes in the mail). 

[CEE53147 559]

At 18 or 19, your child will likely be going away to school. There may be advantages to his staying there rather than coming to the US depending on the costs and his ability to be successful in a US institution especially if he does not have an excellent command of English.

[hashtagme 29]

On 4/12/2018 at 7:40 AM, milimelo said:

Even when on orders the domicile/residence is in the US so no issues there. 

I have two friends who successfully filed I-130 while on orders, spouses went through the consular interview and then flew to the States to activate immigrant visa. Turned around (short trip) and went back to the country the USC spouse is stationed and filed expedited N-400. I think they did interviews in Fairfax, VA office but not sure they had same day oath ceremony- it was done fast. Got the expedited passports in DC and returned overseas within 45 days from naturalization. 

Does it matter which airport in the US i fly to to get the stamp? Does it have to be to the state the address on the orders is located or can we fly to any Airport? 

[milimelo 4,210]

Any airport that has point of entry will do. 

[hashtagme 29]

On 4/11/2018 at 9:07 PM, 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.

 

sorry to comment on this post after so much time but we've followed your suggestions and are now at the point where I have to file for N-400 under 319B. You said 'online"- where do we do that? I can't find anything..or where do I send the paperwork to?

thank you so much for your help!

[hashtagme 29]

On 4/11/2018 at 9:07 PM, 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.

 

Andrewski, i just want to express my biggest thank you I have to offer. 

You were the one that offered the quoted solution which appeared to be the only option for us. No lawyer, no immigration helper, no embassy had offered us this way but you. We took a chance and followed your advice and had it approved by the embassy here to do it like that. 

 

Now, about a year and a half later, we made it. I became an US citizen and was able to sponsor my oldest son. We have all visas for the kids in hand and are about to move to the US for good. 

It was a rough year with a lot of money spent, a lot of tears and exhaustion, a lot of paperwork, traveling and researching, but it was worth it.

 

I don’t know how to thank you. You have no idea what your post did to us. THANK YOU THANK YOU THANK YOU!!