LeonieJensen

Hi! My visa has been approved and our plane tickets to America are booked. We're flying in five days!
 

But I'm running into a few issues here... I have a computer. Like tower and desktop and everything. My mother said she'll ship it since I obviously can't fit the whole thing in my suitcase.

But I'm worried about the important parts (motherboard and hard drive) breaking or getting damaged during the shipping process so I'd like to extract them and take them with me on the plane. Both my suitcases are PACKED and I'm scared I might snap them while sitting on the suitcase in order to get it closed. So I'd like to take it in my carry on... But can I do that? One, is that even allowed (We're flying Lufthansa, in case that matters) and two, should I be worried about the x ray damaging them?

Hi,

I've scheduled our appointment for our Visa Interview for August 22nd. The letter for the consulate says to schedule my medical exam approximately two weeks prior to the interview.

The Doctor in Frankfurt who does the medical exam does so on walk in appointments on Mondays, Tuesdays and Thursdays from 7:30 to 11:30. I was going to go there today (Thursday, it's currently 4:20 am) but I just took my temperature after not feeling well the past day or two and I'm running a mild fever. Can this mess with my blood work for the medical exam? Should I wait until I feel better and go on Monday, or would that cut the two week thing too close? The doctor's website says the results typically come in after 2-3 days.

Hi!

My husband's an American Citizen living in Germany and I'm a German citizen intending to immigrate to America. 

We're currently filling out the I-864 and we're a little unsure about Part 5, Household size. It says "if you are currently married, add "1" for you spouse." I am, however, already listed under the person he's sponsoring (Part 5.1). So we're wondering, does he have to list me twice but count me as one, or...?

1 hour ago, millefleur said:

I see what happened here: you're confusing the "first part" of DCF with the "second part".

 

The I-864 is required after your I-130 is approved.

 

The fact that your lawyer didn't point this out makes me question his/her abilities. I would cross-reference any advice they give you here on VJ.

 

So, wait until your I-130 is approved. Once you get your approval and case number, you start working on the I-864. Not sure how it is in Germany, but here we will submit it at the final interview. Double check with other DCFers in Germany and I'm sure you'll figure out when exactly they'll require you to submit the I-864.

ooohh! Thank you very much, that explains a lot.

Yeah, the lawyer seemed off to me too. My father-in-law consulted him specifically to clear up the I-864 and he barely even mentioned it. We told him to get a second opinion, as the lawyer made it sound like you're dedicating your life to an immigrant, whereas most people I've spoken to that have gone through the process have told me that it really isn't that big of a deal.

4 minutes ago, NikLR said:

 

ALL immigrants require some kind of I-864 affidavit of support.  Your husband, as a USC, must sign one.  If he is not currently working in the USA nor have the assets to sponsor you, then he will need a joint sponsor.  As you are doing DCF your process is different than the normal IR1/CR1 process.  

Then why wasn't it on the checklist? The list had everything, The G-235A, all the documents required, where to file and how to pay the fee, but not a single mention of the I-864. The whole website of the Frankfurt USCIS doesn't mention it, only outside sources.

Hello,

My husband (US citizen) and I (German citizen) are trying to move to the US. We currently live in Germany, my husband has a residence permit, which means we're filing from Germany, over the USCIS in Frankfurt, via DCF.

We've filled out the I-130, added all the required documents as well as photos and the G-325As and sent it to the consulate. This was only a few days ago so we haven't gotten a response yet. The filing fee has been booked from my husband's back account, which means it's processing.

I've read through several sources on the topic and almost all of them say that the I-864 is required for all family-based immigrations. We have asked my husband's father to sign it, as my husband doesn't have a job in the US, who consulted a lawyer before signing. Said lawyer only very briefly adressed the I-864, telling my father-in-law not to sign it as it brings huge responsibiliy, and then went on to tell him that we should just fill out the I-130 and send that. The I-864 was also not on the checklist for the I-130

So if it's not on the checklist, that means we don't need it... right? The lawyer also said not to sign it. But we're honestly very confused as most other sources say it's required. Is it different for us because we're filing from outside the US? Will we need to file it once we're in the US? Or are we going to get a letter from the USCIS asking us to send the I-864 after all?

5 minutes ago, agripa said:

friend or neutral third party

Would my mother be considered a neutral third party?

7 minutes ago, agripa said:

Also, it sounds like you and your spouse both reside in Germany. Are you going through direct consular filing? It's probably much faster.

Yeah, we'll be going through DCF. According to the Website of the US consulate in Frankfurt, it'll take about four to six months via DCF as opposed to six months to two years the "usual" way.

14 minutes ago, agripa said:

If you don't have a lease at this point, I wouldn't create one all of a sudden. It would look kind of funny if you had a lease generated automatically prior to applying. I'd recommend that you get a sworn affidavit from your mother just describing how she has let you guys live rent free at her house from such and such date.

Thank you! I'll ask my mother to write something for us and gather a few documents. 

Regarding the residence registrations... they're in German. Now I'm aware they need to be translated, but do I need to send them to a translation office? I remember getting my husband's birth certificate translated for the wedding, and it cost me 82€. We're trying to save the money we have for our move the America, so paying 160€ to translate something that I could translate just fine would hurt a little. Could I translate said documents and write an affidavit where I assure that I translated everything correctly or is there no way around a translation service?

Hello!

My husband (American Citizen residing in Germany) and I (German citizen) have decided to move to America.

I read the checklist for the I-130 and it's asking for Evidence of a bona fide marital relationship, such as shared residence, joint bank accounts or birth certificates of children. 

We don't have any kids and don't plan on having children in the near future either. We're in the process of getting joint bank accounts but I don't know how long that takes. We live in the same house. however we currently live with my mother who owns the place so we don't pay any rent (expept for 50€/month for electricity and water), which means we don't have a lease. 

Naturally, we're registered at the same adress. So I'm wondering, if both of us added our residence registration to the I-130, would that be enough to prove shared residence? Or could my mother write a lease?

7 hours ago, EG3R said:

Finally, a job is not a requirement for sponsoring a spouse. If you have a joint sponsor, you're all set. 

Proving domicile is easy. We'll use his tax returns and his bank account.

However, finding a joint sponsor is our issue now. His dad is scared of the huge stack of paper, and most of his friends don't make enough money to be a joint sponsor.

Thanks for all your help, seems we've figured this out so far.

However, we're running into another problem now. We need to file the I-864, the affidavit of support. Since my husband lives in Germany, he can't work in America and thus, we need a joint sponsor (As I mentioned before, my husband leaving for America without me isn't an option due to my mental state)

We asked his dad, who, however, is very vary about signing the form due to all the responsibilites that come with it. 

We're wondering if it's possible to change the sponsor later down the road? Say, his dad signs the form now, making him our sponsor. But as soon as my husband finds a job in the US (he has pretty good qulaifications so it probably won't take long) could we talk to the USCIS and change my sponsor from my husband's dad to my husband?

1 minute ago, Lenchick said:

Why did he say he resided in the states if from your words he is legally residing in Germany. Thats why they said no.

I'm so sorry, I typed that wrong. He told them he was residing in Germany.

2 minutes ago, Lenchick said:

Also, I read some time ago they don't do it in person any more. But it is not a problem. You can send it by mail. Before husbands could go to Frankfurt and submit i-130 in person.

OOOOOHHHHHH. THAT makes a LOT of sense. Because I distinctly remember my husband asking if he could file in person with the consulate.

But is it still DCF if it's not in person? I thought that was the whole point of DCF...

8 minutes ago, Lenchick said:

yes, they still do it. If you called and asked exactly to expedite it, they might not do it. You don't need expedite it in Frankfurt. They do it fast anyway. But you can still file there if you meet certain requirements. If your husband is legally in Germany and has German residence permit. He can file. Let me look at their website more and I will get back to you. What was their reason to say NO?

 

https://de.usembassy.gov/visas/family-immigration/how-to-apply/

I don't think there was a reason. According to my husband, he called, told them he was an American residing in Germany and asked if he could file for his German's wife's Green Card via DCF. They just flat out said no and that they don't do DCF.

1 minute ago, Lenchick said:

 

Yes, I have the same question what is in your way to file through DCF in Frankfurt. There is a huge thread here from the people who did it. Some Americans had lived in Germany with their German wives forever and then decided to move to the states. They all got processed through DCF.

We have called them and explicitly asked for DCF. They said they don't do that?

31 minutes ago, geowrian said:

Your backup plan also won't work. First, it again violates the rule noted above (you cannot enter with intent to file AOS without an visa that permit immigrant intent). Second, once you file for AOS (to get the green card), you cannot leave the country without an approved Advanced Parole document. AP should usually be filed with AOS (no extra fee), and takes about 90 days to process (from the date of filing). Leaving the US without an approved AP is an abandonment of your AOS application. Once you file for AOS, you won't be able to use ESTA, either.

But could I go to the US on an ESTA? Not with the intent to stay. If we started filing for the Green Card now and it took about a year (which, honestly, breaks my heart as I've heard three months is the minimum, not ten) and decided to visit his family in, say, June (we would really like to celebrate our first wedding anniversay, which is June 11th, with his family) could we do that?

And if we can, what happens if my Green Card is approved while we're visiting? Would I have to go back to Germany first or could I stay?

13 minutes ago, geowrian said:

Once he can demonstrate domicile, you can apply for a CR-1/IR-1 visa using form I-130. This process takes about 10-12 months, but plan for it to take 18 months for some types of cases. Once you obtain the visa, you can enter the US with LPR status already. The green card will arrive shortly afterwards.

Could we technically get a sponsor with a US domicile? For example, I'm reasonably sure his uncle would be willing to let us stay with him for a few weeks.

Hello, 

I'm a German citizen married to an American citizen. My husband is legally residing in Germany and we got married here, we have, however, decided to move back to the US for various reasons. 

Now, we've tried to go through the normal process but it's more than just confusing and complicated. 

For one, the I-130 is asking for a residence and gainful employment IN the US. Which seems to be impossible to achieve, as we are both living in Germany. My husband, could, of course, apply for a job from Germany, however I seriously doubt anyone would accept him, as a Green Card Process can take anywhere from 6 months to 2 years to be completed and thus, my husband wouldn't even know himself when he could start said job. 

Now, you may be thinking, why doesn't my husband just fly back on his own, start working in the US and file for a Green Card from there while I stay in Germany?

This is where it gets even more complicated. I suffer from a long list of mental health issues (Inlcuding Depression, Bipolar Disorder and a Panic Disorder that is so severe that I can't leave the house on my own) and leaving me on my own is NOT something anyone should do. Furthermore, I would have to stay with my mother, who ist emotionally and mentally abusive, and has driven me to the brink of suicide multiple times before. 

We've seemingly tried everything. We've also asked the Frankfurt US Embassy for DCF to speed up the process, however, for whatever reason, they simply don't do that. I repeat, as multiple people have suggested we just do DCF, we cannot do that. They also no longer answer phone calls, they just put you through to an automated voice response that says that "you can find answers to all of your questions at our homepage" which isn't the case. Sending an E-Mail will also give an automated response.

Now we've been thinking. I've learned that flying to the US on an ESTA and then filing for Adjustment of Status without applying for a Green Card first may be considered fraud and may result in me being banned from the country. (If that's not the case anymore or there's a loophole, please tell me.)

The only other thing that comes to my mind would be the following: My husband and I fly to the US, me on an ESTA. We then file for a Green Crad whilst in the US. As soon as my ESTA runs out, I fly back to Germany for a week or so, file for another ESTA and fly back to the US, and we keep doing that until my Green Card is approved and I can file for AOS. Of course this would be expensive considering the plane tickets, but it would be managable if my husband had gainful employment and we booked the tickets far enough in advance. However, I've heard that I may not be able to enter the US while my Green Card is pending. I've also heard contradicting statements to that. I've also heard about something called a "Dual Intent Visa" which, if I understood correctly, would allow me to stay with my husband in the US as a "tourist" until my Green Card is approved, without having to go back. I've heard so many things from so many different sources and I would like to know which of these things are actually true, because the Dual Intent Visa sounds like a dream come true right now. 

I know this is a lot to read, but if someone could help me out, I'd be very thankful.

EDIT: In regards to my mental health issues, in case anyone is concerned, my husband and I spent one month in America last year, and during the time I was there my mental health improved immensely, which is one of the many reasons why we decided to move to the US.

Trying to find ways around the system is still illegal.

I'm sorry but how is that cheating the system or illegal?

I would be getting there on an ESTA with full intent to go back to Germany once my 90 days are over. My husband would simply file for the greed card while I'm there. We wouldn't be trying to adjust my stauts, and I seriously doubt that they would approve my green card withing 60 days (we wouldn't file before the first month considering the husband has to save some money and get things with his job cleared.)

It might be what you call AOS but it is Illegal and could cause a you to be denied when you finally do it. So do it the right way the first time, it will mean less headaches for you both in the long run. If you want to complain about the length of time being away from your SO, well welcome to real world. This is how it is done the right way.

Alright, but could we file for a green card while I'm on an ESTA without adjusting my status? Would that be possible?

If my 90 day limit runs out before the Green Card is approved (which it will, considering it takes AT LEAST three months, usually more) I return home and come back to the states once it's approved?

If it was that simple, we would all be doing that, there would be no CR-1 visa process and I would not be waiting over 5 months for Nebraska to approve my I-130.

It isn't that simple. Filing for adjustment of status costs over $900, more than double the amount than it would cost to file for a Green Card from Germany. It really isn't about being away from my spouse or doing it fast, it's a money issue for us, because neither me nor my husband can work in Germany, while, if we were in America and he could work and earn money to pay for all the fees, we would have less of an issue.

What you are proposing (entering the USA on a non-immigrant status with the intention of staying) is fraud.

As far as I'm concerned, it's called adjustment of status.