SOFA for non-US spouse for Germany PCS

[nhi.nguyen 1]

Hello, I am 24F Vietnamese and married to 24M US citizen. I have stayed in US since 09/2017 under F-1 visa. I started dating my spouse since 2021 and we got married in 08/2022 - a month before he was enlisted in Air Force. We filed I-765, I-130 and I-485 through a service agency 2 weeks before BMT. My spouse got PCS order to Ramstein, Germany and of course, I am included in his order. Before leaving to Germany, he tried to get SOFA for me, however, they would not stamp my passport until I have approval notice of I-130. And he left to Germany without me since June 2023.

I'm currently in medical program and going to graduate this December, then ready to join him asap. So I have tried to submit expedite request for I-130 through MILITARY HELP LINE, Emma, online service. Despite the reason of the overseas PCS, they said I am not eligible to submit the request. I saw some cases similar to mine got expedited within a couple months. My husband will be so desperate if I couldn't join him. PCS to Germany is my idea and he's being suffered staying there without me.

Any advice for my case? Thank you so much in advance.

Edited September 23, 2023 by nhi.nguyen

[Chancy 6,233]

22 hours ago, nhi.nguyen said:

We filed I-765, I-130 and I-485

 

Did you also file I-131?

 

[nhi.nguyen 1]

On 9/22/2023 at 8:06 PM, nhi.nguyen said:

We filed I-765, I-130 and I-485

Update:

*I-765:

-12/14/22: Submitted.

-01/13/23: Actively reviewed

-07/19/23: EAD card and SSN is issued

 

*I-485:

-12/14/22: Received and sent a receipt notice.

-12/24/22: Biometrics appointment

-01/13/23; Actively reviewed.

 

*I-130:

12/14/22: Received and receipt notice was sent.

 

[nhi.nguyen 1]

On 9/23/2023 at 6:28 PM, Chancy said:

 

Did you also file I-131?

 

I didn't. I did not expect that my spouse would be stationed in Germany. Should I start filing I-131?

[Chancy 6,233]

On 9/25/2023 at 7:25 AM, nhi.nguyen said:

Should I start filing I-131?

 

I suggest you file I-131 ASAP.  If you leave the US without an AP or GC, your I-485 will be considered abandoned, and you will need to apply for a spouse visa if you want to return to the US.

 

[nhi.nguyen 1]

1 hour ago, Chancy said:

 

I suggest you file I-131 ASAP.  If you leave the US without an AP or GC, your I-485 will be considered abandoned, and you will need to apply for a spouse visa if you want to return to the US.

 

My husband just sent a request of transferring my case to Frankfurt, Germany. If it's approved, he can SOFA stamp on my passport and Fedex back to me. So do you think I still need to file I-131?

[Chancy 6,233]

2 minutes ago, nhi.nguyen said:

My husband just sent a request of transferring my case to Frankfurt, Germany.

 

That implies your husband has given up on your I-485.  I guess that means he intends for you to get a spouse visa from Frankfurt instead?

 

[Crazy Cat 39,311]

12 minutes ago, nhi.nguyen said:

My husband just sent a request of transferring my case to Frankfurt, Germany. If it's approved, he can SOFA stamp on my passport and Fedex back to me. So do you think I still need to file I-131?

Did he submit an I-824 to do that?  Seems to me that complicates matters.  In addition, you will lose the I-485 fees you have already paid. 

[nhi.nguyen 1]

18 minutes ago, Chancy said:

 

That implies your husband has given up on your I-485.  I guess that means he intends for you to get a spouse visa from Frankfurt instead?

 

Oh my god. I did not know that. He requested to transfer both I-130, I-485 and I can do interview in Frankfurt. So you said, i-485 will be canceled?
We read the post of a guy currently stationed in Germany. And he's successfully got his wife I-130 approval and SOFA stamp. So we thought it's a good idea to transfer my case to Frankfurt. We tried everything to request for expedition but they said we are not eligible to submit the expediting request. We're so desperate now

[Crazy Cat 39,311]

2 minutes ago, nhi.nguyen said:

Oh my god. I did not know that. He requested to transfer both I-130, I-485 and I can do interview in Frankfurt. So you said, i-485 will be canceled?
We read the post of a guy currently stationed in Germany. And he's successfully got his wife I-130 approval and SOFA stamp. So we thought it's a good idea to transfer my case to Frankfurt. We tried everything to request for expedition but they said we are not eligible to submit the expediting request. We're so desperate now

I-485s cannot be transferred overseas. 

Edited September 28, 2023 by Crazy Cat

[nhi.nguyen 1]

7 minutes ago, Crazy Cat said:

I-485s cannot be transferred overseas.  

So when I-130 is transferred, I-485 will be automatically canceled? So what should I do now?

Edited September 28, 2023 by nhi.nguyen

[Crazy Cat 39,311]

Just now, nhi.nguyen said:

So what should I do now?

If you leave the US prior to obtaining an approved I-131, you will abandon the I-485.  I guess you can wait and start the spousal visa process from Germany when you prepare to relocate back to the US.  

@Chancy, your thoughts?

[nhi.nguyen 1]

@Chancy, @Crazy Cat

Update:

My husband just got a response from the Frankfurt Consulate that they cant transfer our case when it's processing with USCIS or NVC, please contact with USCIS in the state directly.

So now I should file I-131 and wait?

[Chancy 6,233]

14 minutes ago, nhi.nguyen said:

My husband just got a response from the Frankfurt Consulate that they cant transfer our case when it's processing with USCIS or NVC, please contact with USCIS in the state directly.

So now I should file I-131 and wait?

 

Your USC husband should call the USCIS military helpline to request an expedite for the I-130.  You (the immigrant) are not eligible to request I-130 expedite because you are not the I-130 petitioner.  Only your husband (the USC petitioner) is eligible to make requests related to the I-130.

 

You should file the I-131 based on your I-485 ASAP.  Filing the I-131 is free, with a photocopy of the receipt for the fully paid I-485.  If the I-130 is approved before the I-131, you (the immigrant) may request an expedite for the I-131.

 

[nhi.nguyen 1]

31 minutes ago, Chancy said:

 

Your USC husband should call the USCIS military helpline to request an expedite for the I-130.  You (the immigrant) are not eligible to request I-130 expedite because you are not the I-130 petitioner.  Only your husband (the USC petitioner) is eligible to make requests related to the I-130.

 

You should file the I-131 based on your I-485 ASAP.  Filing the I-131 is free, with a photocopy of the receipt for the fully paid I-485.  If the I-130 is approved before the I-131, you (the immigrant) may request an expedite for the I-131.

 

Thank you so much for your advice. Actually my husband tried to request expedite via Emma but they kept saying our overseas PCS order isnt eligible to submit the request. I think he gotta call them and talk to tier 2 office from the base.