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US Immigration from Germany





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Pages: First 66 67 68 69 70 Last  (Viewing page 68 of 95 ) - topics in the last 5 years
Automatic citizenship, military family, retirement on the horizon: help me understand §INA 320 §1431 (c)?
11:12 am November 25, 2021

R&OC

R&OC

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4 Replies



We are wondering if we would need to travel to the US immediately to activate their green cards.

This is the background: We applied for the children's green card. They are my biological children and I am a naturalised US citizen. Once my kids receive their greencard, they derive their citizenship through me as I am already a US citizen. Which means they are eligible to apply for a US passport after activation of said green card. However, the child citizenship act stipulates that
children need to reside in the legal and physical custody of their parents in the United States unless they are military dependents (which they are) and I am a military spouse residing in marital union with my husband and German kids.

We are wondering if we are hitting a snag: My husband is retiring Jan 01, 2022 but we are planning to stay here longer as he had just been offered a contractor position.

Here is my question: Once we activate their greencard, we would immediately apply for their passport. I am confused how my husbands retirement will affect this. Are the kids good as long as they activate their greencard before Jan 01, 2022 and apply for a US passport BEFORE said date? Our base overseas would process the passport application. Or does the retirement have no impact on the citizenship as long as the kids activate their green card while they are still on his under orders and the date of activation is the date the department of state looks at? Would the kids not derive their citizenship through me if the passport application is filed after my husband retires because we will continue to reside in Germany (hopefully with an end in sight?). My husband and I are confused. Maybe I am not understanding this right.

We are planning to visit family end of December and wanted to activate their green card when traveling home. However, if everything as to be done and squared away before my husband retires, then we would need to travel almost immediately.



 
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CR1 Visa filed from Germany
2:05 pm November 23, 2021

Inx

Inx

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6 Replies



Hi everyone,

My fianc (US-citizien) and I (German) are currently living in Germany.

We've been living together in Germany for a couple of years now and would like to move to the US as soon as possible.

So we'd like to start the process for the CR1 visa, as soon as we are married.

As far as we heard it seems to be more difficult to file for a visa from abroad.

We read that ' If you live mainly outside the U.S. [...] then, as a rule, you cannot file an I-864 and your spouse's immigrant visa application cannot be approve'

[...] There are three exceptions to this general domicile rule, for:

[...]

3. I-130 petitioners who can demonstrate an intention to establish a domicile in the U.S. either before or at the time of their beneficiary's arrival in the United States.

The third exception above requires showing (with a written explanation and supporting evidence attached to the I-864) that the petitioner has taken a combination of concrete steps towards leaving the foreign country to live in the U.S. steps such as signing a lease or purchasing a home, applying for jobs in the U.S., registering children at U.S. schools, opening U.S. bank or investment accounts, applying for a U.S. Social Security number, registering to vote and so on.'

Of course he has always filed his taxes, has a SSN, voted an so forth. He has recently started looking for job.

But we would like to stay in Germany together until my visa is approved.

Does anyone have experience with filing for a CR1 Visa from Germany?

How long does the process take from Germany?

Do you have any tips?

We'd be deeply grateful if you have any tips :)



 
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NVC FE
2:59 am November 23, 2021

Leahmehri1

Leahmehri1

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3 Replies



My journey has been a long one! I submitted all my AOS and IV documents August 18,2021.Last week all got approved but they requested some more documents. I submitted what they requested and now waiting! How long does it take to review them ? Do I start back in line for review or expedited since they seen my other documents already? Once all documents accepted then what happens? How long until interview?



 
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Naturalization INA 320 with military orders
7:02 pm November 16, 2021

R&OC

R&OC

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3 Replies



We are hoping to have my kids from a previous marriage naturalize under INA 320. We are on my husbands military orders stationed overseas.

First of all, would we file for n-600k or n-600? And other than my husbands military orders, had anyone had a similar situation and can advise us?

Secondly, what happens if my husband ends his military service and becomes a contractor while USCIS is processing the children s application? Does the date of submission count or is it actually whether or not the kids are still dependents of an active duty military member by the time USCIS adjucate?



 
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Children's Citizenship Act 2000 - Evidence physical custody
9:28 am November 15, 2021

R&OC

R&OC

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5 Replies



My husband is stationed overseas and my kids will hopefully receive their LPR status soon and we are planning to go to the US in December. My husband is still active duty stationed abroad but we will return end of this year.

(Another somewhat related question is what happens if my husband receives new orders overseas and we are all under his orders? Would that still count as residing in the US under our legal and physical custody as overseas is considered abroad?)

My husband and I are both US citizens. I naturalised recently and my biological kids with a German passport (my husbands stepchildren) are 11 and 15 years old. Under German law, they will loose the ability to be a dual citizen after the 16th birthday.

Now my question refers to the Children's Citizenship Act 2000 and this requirement to file for their passport:

  1. Proof that the child is residing or has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) pursuant to a lawful admission for permanent residence. The I-551 stamp endorsed in the child's foreign passport or the child's permanent resident or green card will establish lawful admission for permanent residence, but not the fact that the child is residing in or has resided in the United States as required by INA 320(a)(3). Separate evidence establishing that the child has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) may be requested

Which evidence do I need to provide to establish legal and physical custody of the kids once we enter the US?

I have a custody agreement which stipulates that the kids reside with me. What else do I need to gather for the DoS? Has anyone gone through that and can share which documents they provided?



 
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