Need assistance for green card

[Claireb 0]

My husband and I have a child together. I am a U.S Citizen and he is a German citizen. Can my husband live and work in the states automatically or does he need to file for a marriage green card and wait the typical waiting period? 

[Crazy Cat 39,140]

Where is your husband right now?

[canadian_wife 1,785]

Nothing is automatic.  There is an old belief that marriage to a US citizen grants automatic citizenship.  That is not the case.

 

Where, like your Crazy Cat asked, is your husband now. 

 

Good luck

[Claireb 0]

My husband, my daughter, and I are all living in Germany. We want to move to the states in October of 2022. 

[Crazy Cat 39,140]

1 hour ago, Claireb said:

My husband, my daughter, and I are all living in Germany. We want to move to the states in October of 2022. 

Marriage to a US citizen or having a US citizen child, in themselves, confer no immigration rights.

1.  If you qualify, you could probably file directly with the consulate in Frankfort for a spousal visa.  You can contact the consulate and ask if they will allow you to file directly.   This process would likely take several months, minimum.  Your husband could work immediately after entry. 

2.  If you cannot file directly with the consulate, you will have to start the normal spousal visa process by filing an I-130 to the USCIS lockbox in the US.  This process would likely take somewhere between 1 to 2 years.  Start by reading the guides below.  The good news is that your husband will be able to work immediately after entering the US with a spousal visa.  Good luck.

If your child is not a US citizen, you will have to file an I-130 for her also. 

 

 

 

Edited October 6, 2021 by Crazy Cat

[Crazy Cat 39,140]

A few  more things to keep in mind:  You, as the petitioner and sponsor, will have to show evidence of intent to establish domicile in the US.  You will also have to show evidence of either sufficient income which continues after re-locating to the US, sufficient assets to sponsor a new immigrant, or commitment from a well qualified joint sponsor living in the US.  

You will also have to be current on your US taxes, if applicable.

Edited October 6, 2021 by Crazy Cat

[igoyougoduke 1,604]

2 hours ago, Claireb said:

My husband, my daughter, and I are all living in Germany. We want to move to the states in October of 2022. 

if you husband is not a US citizen than you have to apply for a imimgrant visa ( aka green card) for him to be in the US permanently . Marriage to US citizen has no benefits unless you apply for it. 

[aaron2020 11,651]

3 hours ago, Claireb said:

My husband and I have a child together. I am a U.S Citizen and he is a German citizen. Can my husband live and work in the states automatically or does he need to file for a marriage green card and wait the typical waiting period? 

Marriage to a US citizen does not grant any rights to work or live in the US.  

You will need to file an I-130 to start the immigration process for your husband.  It will take a year or two.

 

If you lived in the US for at least 5 years (2 years after age 14), then your child is a US citizen.  You will need to register your child's birth with the US Embassy.  During the CRBA process, you can obtain a US passport for your child.  

[StrawberryKiss 170]

6 hours ago, Claireb said:

My husband, my daughter, and I are all living in Germany. We want to move to the states in October of 2022. 

Then you should get started on that I-130 petition now. We filed last December and are still at the NVC stage because everything is so backlogged. If we’re lucky, we might get an interview in late November and move in December. 
Also, make sure you get the CRBA for your child if you haven’t done so already. American citizenship is not granted automatically either.  
 

Edit: CRBA in Frankfurt took over 3 months, Covid backlogs striking everywhere. 

Edited October 6, 2021 by StrawberryKiss

[SalishSea 16,727]

7 hours ago, Claireb said:

My husband, my daughter, and I are all living in Germany. We want to move to the states in October of 2022. 

It isn't practical to plan for a date like that.  The process could easily take > one year.

 

You start by filing an I-130 petition for alien relative for your husband.  

 

I suggest you thoroughly research the process.  It is not cheap or fast, and not educating yourself about it can lead to avoidable delays and expenses.

[SusieQQQ 11,584]

46 minutes ago, StrawberryKiss said:

American citizenship is not granted automatically either.  

Technical correction, it is automatic if the conditions are met, but the onus is on the parent to prove those have been met.

 

Useful info for OP about timing in their country of residence. Curious, is Frankfurt the only consulate in Germany that does CRBA ? 

[StrawberryKiss 170]

3 minutes ago, SusieQQQ said:

Technical correction, it is automatic if the conditions are met, but the onus is on the parent to prove those have been met.

 

Useful info for OP about timing in their country of residence. Curious, is Frankfurt the only consulate in Germany that does CRBA ? 

Yes, you’re correct! I just thought I’d mention it in case it was assumed that the child could automatically enter the US with them. 
 

I know that Munich and Berlin are processing CRBAs as well. Not sure about the other ones though. 

[Letspaintcookies 2,197]

24 minutes ago, StrawberryKiss said:

Yes, you’re correct! I just thought I’d mention it in case it was assumed that the child could automatically enter the US with them. 
 

I know that Munich and Berlin are processing CRBAs as well. Not sure about the other ones though. 

The embassy in Berlin is not accepting applications anymore. Only the consulates in Frankfurt and Munich.

Edited October 6, 2021 by Letspaintcookies

[StrawberryKiss 170]

1 hour ago, Letspaintcookies said:

The embassy in Berlin is not accepting applications anymore. Only the consulates in Frankfurt and Munich.

The embassy in Berlin is still processing CRBAs and scheduling appointments, just not accepting electronic CRBA applications (eCRBA) anymore. If someone wishes to have their CRBA processed in Berlin, they need to email the embassy for instructions/requirements/appointments. 

https://common.usembassy.gov/en/crba/

 

[millefleur 5,034]

14 hours ago, Crazy Cat said:

1.  If you qualify, you could probably file directly with the consulate in Frankfort for a spousal visa.  You can contact the consulate and ask if they will allow you to file directly.   This process would likely take several months, minimum.  Your husband could work immediately after entry. 

Frankfurt isn't accepting routine DCF cases anymore as the USCIS office there closed, but they can try to see if they'll qualify for exceptional circumstances, such as short notice job offer. Seems like some applicants in Germany have had luck getting excepted: