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Posted (edited)

Hi everyone,
My girlfriend and I have been together for three years and we will get married this year. We both graduated college (she in the US, I in Germany), she found a job in New York now and I found a job in Munich. We met when I studied in the US for a year as an exchange. Our current plan is the following: I come to the US to get married at the end of this year, I go back to Germany, we apply for the I-130 and once I have my green card I will look for jobs in the US to transfer. Now I have the following question:
This whole scenario only works if I can still travel to the US during the I-130 process since she only has 10 vacation days and I have 32 + the opportunity to do home office for a few days. So the travel burden is on my side.
Therefore, I have two questions: 
(1) I applied for Global Entry four months ago, I expect a positive response soon. Once it is approved, is it possible to travel to the US on Global Entry while I am in the process of the I-130?
(2) My current ESTA expires in May. Once I have a new ESTA is it possible to travel to the US while I am in the process of the I-130 (considering I have a job in Germany, flat, etc.)?

 

On my current ESTA I traveled at least five times to the US and the immigration officers were always very kind so I just can't imagine they wouldn't let me into the country only because I applied for I -130.

 

I would appreciate your help a lot!

Edited by dan13371
Posted (edited)

You CANNOT travel to the United States with Global Entry by itself. It is not a visa, nor is it part of the VWP. 
 

You can apply for a new ESTA once your current one expires, and if approved you can visit your spouse in the United States For up to 90 days. With a pending I-130, expect that CBP may be more critical of your case, so when traveling on VWP/ESTA/Tourist Visa, ensure you bring evidence of connections to Germany, such as proof of employment, family ties, rental agreement, and return ticket. Present it when asked for, and you shouldn’t have major issues. 
 

if your ESTA is denied, you will have to apply for a B1/B2 tourist visa at your local US consulate in Germany. 

greetings from Germany as well!

Good luck with your I-130!
 

 

Edited by SorrowL

visa Issued

Posted

Thanks for your very helpful answer!

 

One more question about the process once you get your green card. Let's we're lucky and I receive my green card 12 months after we applied for it and I still would like to work for at least 6 months more in Germany.

I understood once I receive the green card it's valid for 6 months. What happens though if I would like to visit my wife one month after I received the green card for one or two weeks and then would like to go back to Germany to continue working for 6 months before I come back to live in the US permanently? Will I run into any issues if I don't have any ties such as an apartment after I enter the US on the green card for the first time?

Posted (edited)
8 minutes ago, dan13371 said:

Thanks for your very helpful answer!

 

One more question about the process once you get your green card. Let's we're lucky and I receive my green card 12 months after we applied for it and I still would like to work for at least 6 months more in Germany.

I understood once I receive the green card it's valid for 6 months. What happens though if I would like to visit my wife one month after I received the green card for one or two weeks and then would like to go back to Germany to continue working for 6 months before I come back to live in the US permanently? Will I run into any issues if I don't have any ties such as an apartment after I enter the US on the green card for the first time?

Your green card won’t be issued until you enter the United States. Let’s say you get approved for the CR/IR Visa, you Must enter the US before the visa expires to officially be admitted as a permanent resident. On date of entry you become a US resident. You can theoretically get approved for your visa, continue to work for 3-4 months, then move to the US. The visa date is limited based on medical examinations, which is 6 months from medical examination date. 
 

you can also enter the US on the visa, and leave again, returning to Germany to work and clear up your business. You can remain outside the United States for a maximum of 1 year without a Advance Parole document when you are a LPR. The longer you remain outside the US, the more critical you can expect CBP to be. CBP also notes how often you do stay in the US. If you wish to maintain some ties to Germany, that isn’t an issue, as long as a majority of your time is spent living in the United States and you maintain your domicile in the US, such as bank accounts, housing, work, family, etc.

 

You May need to explain German work laws to CBP to clear up your need to finish your work contract in Germany (quit notification is dependent on time worked at a firm) 

Edited by SorrowL

visa Issued

Posted

Thanks for your quick response!

That's good to know. If I'm planning to return to Germany for about 3 months after entering the US on the CR visa, do I already need to have proof that my residence is in the US such as a signed lease or would stating that I live with my wife in her apartment be enough? I feel like it would cause problems if I don't have legitimate ties such as a bank account, driver's license after I enter on the CR-1 visa.

I like the tip about stating German work laws though!

Filed: IR-1/CR-1 Visa Country: Denmark
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Posted
13 minutes ago, dan13371 said:

Thanks for your quick response!

That's good to know. If I'm planning to return to Germany for about 3 months after entering the US on the CR visa, do I already need to have proof that my residence is in the US such as a signed lease or would stating that I live with my wife in her apartment be enough? I feel like it would cause problems if I don't have legitimate ties such as a bank account, driver's license after I enter on the CR-1 visa.

I like the tip about stating German work laws though!

No issue. As long as you have an address in the US to have your green card sent to (assuming wherever your wife is currently living at), there's no problem, so long as you are not out of the US for more than a year. You can enter on the CR1, get your I551 stamp (proof of your permanent residency which is good for 1 year) thus making you a permanent resident, go back to Germany to get things settled and sorted, and then come back to the US as a permanent resident. If you want to though, if you visit the US to activate your visa and then return, you can go ahead and open a bank account or a joint account with your wife before returning to Germany, but that's not a requirement for reentry into the US, you'll already be a permanent resident when you reenter

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

Posted (edited)
4 hours ago, dan13371 said:

Thanks for your quick response!

That's good to know. If I'm planning to return to Germany for about 3 months after entering the US on the CR visa, do I already need to have proof that my residence is in the US such as a signed lease or would stating that I live with my wife in her apartment be enough? I feel like it would cause problems if I don't have legitimate ties such as a bank account, driver's license after I enter on the CR-1 visa.

I like the tip about stating German work laws though!

I doubt any CBP Officer will give you trouble cause you had to go clear up things in Germany, especially if it’s for 2-4 months. Like LilyJ said, once you’re stamped in, you can get on accounts and etc, but it isn’t required.
 

You could most likely get your affairs in order before even immigrating if you wanted to, as the “Kündigungsfrist” is dependent on time worked, unless you worked at your position for longer than 10 years you can easily complete the legal requirements to quit within 3 or less months, but that’s all up to you of course. Also depends when you schedule your medical examination for your consular interview. 
 

Also as LilyJ said, once your CR-1/IR-1 VISA is stamped and you gain lawful entry into the United States, that page in your passport acts as your “green card” for a year, eligible for travel to and from the United States, regardless if the visa is expired or not. The date on the CBP stamp is what counts once it is stamped.
 

SHOULD you have issues boarding your flight with the possible expired visa AFTER it has been stamped by the CBP and it is still within the validity period, have your carrier/airline contact the RCLG.

 

Also to address your marriage within the US: Never lie to the CBP. When you do travel to the US to marry your fiancée, ensure you have plenty of evidence you will be leaving. Return flight, statement from your job you are employed there and only on vacation, and  housing leases or property ownership. Some officers can be pretty critical on foreigners coming to the US, as some aim to get married and then  they never leave. you don’t want to make that sort of appearance.
 

I wish you the best of luck with it all. Too bad DCF doesn’t work anymore in Germany, otherwise you could’ve maybe saved yourself 12-16 months of waiting by bringing her over for a couple months after marriage with an Aufenthaltstitel.

Edited by SorrowL

visa Issued

Posted
On 1/15/2020 at 10:12 PM, dan13371 said:

Hi everyone,
My girlfriend and I have been together for three years and we will get married this year. We both graduated college (she in the US, I in Germany), she found a job in New York now and I found a job in Munich. We met when I studied in the US for a year as an exchange. Our current plan is the following: I come to the US to get married at the end of this year, I go back to Germany, we apply for the I-130 and once I have my green card I will look for jobs in the US to transfer. Now I have the following question:
This whole scenario only works if I can still travel to the US during the I-130 process since she only has 10 vacation days and I have 32 + the opportunity to do home office for a few days. So the travel burden is on my side.
Therefore, I have two questions: 
(1) I applied for Global Entry four months ago, I expect a positive response soon. Once it is approved, is it possible to travel to the US on Global Entry while I am in the process of the I-130?
(2) My current ESTA expires in May. Once I have a new ESTA is it possible to travel to the US while I am in the process of the I-130 (considering I have a job in Germany, flat, etc.)?

 

On my current ESTA I traveled at least five times to the US and the immigration officers were always very kind so I just can't imagine they wouldn't let me into the country only because I applied for I -130.

 

I would appreciate your help a lot!

Just get a new ESTA. I applied for i-130 in Nov 2019 and got let in Jan 2020 on an ESTA for a 3 month trip here to visit my husband! No more then 3 questions asked by the agent.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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