Naey

7 hours ago, VinnyH said:

The law is still on the books but it was gutted from the punitive provision making it, in practice, unenforceable, because CBP has no official way to discipline you for not using your U.S. passport to exit and/or (re-)enter the U.S.

 

This is explained and detailed at this page:

https://isaacbrocksociety.ca/2013/05/01/the-history-of-the-requirement-that-u-s-citizens-only-use-u-s-passports-to-enter-the-u-s/
 

Add to that the fact that there is no passport control upon exiting the U.S. (aside from checking the records of the airline's reservation), there is virtually no chance in practice that the person will be caught.

 

Even upon (re-)entering the U.S. territory, there were several reported cases that U.S. citizens were successful to do so without a U.S. passport. You cannot be denied entry because you are a U.S. citizen, so if you come back and present to CBP your Certificate of Naturalization, it is proof enough that you are a U.S. citizen.

 

How do you manage in practice to get to the Point of Entry though?

 

- by land (Canada or Mexico), it's easy, jist show up your Certificate of Naturalization.
 

- by air, boarding the flight is the main issue since you need to show either a visa or an ESTA (depending in your foreign citizenship) before the agent will issue you a boarding pass. It is not unheard that dual citizens somehow manage to get an ESTA (for the sole purpose of being able to board – there was a page on CBP even advising it to), bit as soon as you arrive, identify yourself to the CBP agent as a U.S. citizen.

 

Sure you will be sent to secondary inspection in both cases (land and air), where the CBP will detain you and make hell to you, but they will eventually be obligated to release you into the U.S. after strongly admonishing you and tell you to get a f*cking U.S. passport next time.

 

All that to say that @Naey that she is fine and that her German husband will have absolutely no issue at all to leave the U.S. on his German passport, apply and receive his U.S. passport from the local German Embassy and fly back. He can technically even come back with only his Certificate of Naturalization by flying to Canada & Mexico and attempt to enter by land (easier than by air as explained above).

 

My only question is that: how can he keep his German citizenship after naturalizing? I believe Germany forbids dual citizenship and the new law has gone into effect yet.

Thanks for going into more detail, that makes me optimistic about the trek. This week hasn't seen any movement from DoS or the Senator's office. 

To your question, because of his family situation and a couple of employers actively (in writing) saying they can't employ him as a Greencard holder as they only employ citizens, he was able to successfully apply for a Beibehaltungsbescheinigung from Germany to keep his citizenship and take on the American one. It took about 14 months and made the citizenship application complicated as we had to postpone his interview for over a year, which we only managed by letting the case "close" then reopening it. 

10 minutes ago, Crazy Cat said:

By whom were you told that?  I have seen numerous people succeed by contacting their Senator.  Good luck.

By the DoS phone line and whoever took the call at Baldwin's office last week. We'll keep trying there and the DoS Passport call line, but I'm not optimistic anything will change.

To your point on bearing a passport. I'd refer to this post:

There are quite a few similar threads like it here, but they either mention an emergency limited use passport or the thread dies without an update. We have time to wait for a full passport but just wonder if they'll even issue one.

Thanks again, though!

1 minute ago, Crazy Cat said:

As a US citizen, he must exit and enter the US with a valid US passport.  Call your Senator's office and request help.  They can find you an emergency appointment. 

Unfortunately, that's not been our experience re: Senators being helpful. We've been told that there are no appointments available nationwide before the 15th, emergency or no. 

Additionally, as other posts on this forum have confirmed, there are a number of freshly minted US citizens who have left the country on another passport; the posts just end without confirming whether they got their passport abroad or came back in through land via Canada or Mexico. Again, the question is if he can apply for his first passport abroad.

Thanks though!

Hey folks - After years of applications, interviews, and sometimes lengthy, sometimes quick responses to applications, my partner had his oath ceremony last week and is officially a citizen. 

Now the tricky part. His father is in poor health, not dying, but in need of familial assistance, and we were set to visit said father for three months in Germany to help set up caregiving services. His flight is on the 15th of July and he received his Naturalization Certificate the day of his ceremony, on the 6th. We've been calling the DoS Passport agency line for urgent travel as early as July 1st and there are 0 appointments nationwide for first time applicants traveling in 14 days. We're calling every day and each day, nothing is open. 

He still holds his German citizenship (through a Beibehaltungsbescheinigung for anyone interested) and we have a place to stay in Germany for the time we're there and we're confident he can leave the country on his German passport without any issue given what I've read from other posts here.

My question then: Can he apply for his first passport abroad? The embassy website specifically lists a Certificate of Naturalization as one of the "proofs of citizenship" allowed for such applications. But there's a fair bit of mixed information on the "grey zone" of leaving on your other passport and older posts here aren't conclusive about the situation. We would be there long enough for him to receive the passport and can also stay in Germany longer if needed. 

Thanks for any insight!

4 minutes ago, geowrian said:

Mine's been in that status since January 2018. It's just a matter of waiting in line for your local USCIS field office to have open appointments in their schedule, which is nothing you can control or do anything with.

6 minutes ago, RJandHamid said:

It could be anywhere from a few weeks to several months before the interview is scheduled (we've had the same status as you since January). The Milwaukee office processing times are listed at 11.5 to 14.5 months, but looking at processing times for Milwaukee on VJ, it looks like it's usually quicker than that. You might receive the EAD/AP card before your interview is scheduled,

 

 

Thank to you both for the quick answers. We were slightly panicked that we'd somehow missed an E-notification or letter in the mail. Our post-person isn't exactly known for their reliability and has lost a few pieces of (unrelated and not as important) mail already. 

Hi everyone, 

My husband and I have been patiently waiting for his EAD/AP (We're adjusting from K1) for a while now and when I was checking on the status of those two documents, I noticed that the I-485 was updated to:

"As of June 1, 2018, we are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number XXXXX, for an interview. We will schedule your interview and send you a notice." 

My husband didn't receive an e-notice, nor have we gotten a letter in the mail yet. How long is the wait normally between this update and the interview being scheduled?

Thanks everyone!

This is a relatively small issue but I'm curious about what we should do, if anything. After submitting our packet and getting the NOA1 in hardcopy, we noticed that the Beneficiary's name is slightly misspelled. That is, he has a "combo" name Jordan-Ray (the - is a part of his name) and we typed this onto the G325A, nevertheless the NOA1 says "Jordan Ray" (with a space and no - ) on it. Is this an issue, does this need to be corrected? It was typed correctly on all of our forms that we submitted, so we're curious if their internal system simply can't register a hyphen in someone's first name.

Thanks for your advice!

Just now, mrtravel said:

On the other hand, if things were like they were in 2007 you would not have been able to sponsor a same sex spouse or fiance.
So, for you it is better to be in 2017. 
 

Excellent point. Like I said, we've accepted the reality of the situation and are starting our K1 process now. 

53 minutes ago, Jeniafrench said:

If you file right now (while you are still in Europe) then the time you spend apart won't be as long, if I understood your situation correctly. Stay together until you have to move. You can start filling the petition while you are still in the Netherlands, you are not required to have a US domicile until later in the process. Try to plan it so by the time you need to submit the NVC documents you are already in the US (and established domicile there - it is a requirement for being a sponsor).

 

This way you can start your program in August, and hopefully soon after your bf can receive his visa and come to the US on a K-1. Or do the same with CR-1 but it will take longer.

 

He can come and visit you in the meantime as long as he can prove strong to ties to home. Being from a low-fraud country, I don't think it would be too difficult for you guys.

 

Best of luck.

Thanks (to all the other posters too!) We're going to go for the K1 visa. Starting the paperwork today and hoping to get everything in soon. Now just to find a USD money order in Europe... They're more of a transfer kind of continent. 

So when in the process is US domicile required? I'll have domicile in 4 months and I already have strong ties to the States (voting record, bank account, future PhD program) but is that soon enough?

On 3/14/2017 at 5:03 AM, ltxbuilder said:

I get where you guys are coming from. But I'm confident if we keep a low profile about our ceremony, the K1 approach is going to work best. I have not seen any evidence of a US / Pinoy gay couple getting denied for being "too married" in a country that is overwhelmingly against gay marriage. However, if bad stuff happens, I'm going to share it here. So others have a more clear idea what to do in this exact situation.

 

Thank you all for your support

Please do let us know what happens. I'm a newbie in a same-sex relationship too and we're considering a celebration of our love while applying for the K1 before I return home. This would be a German ceremony and gay marriage isn't legal there. In fact the US doesn't recognize the German civil partnership same sex couples have as anything at all. I've been reading a lot on here and genuinely didn't think anything of the ceremony in the least bit. It also seems there are a number of different answers both here and even told to me by a lawyer.

good luck on your journey!

29 minutes ago, geowrian said:

You have misunderstood. A CR-1 would run about $535 + $85 for the biometrics. Then another $220 for the green card after entry. Plus the DS-260 fees, medical exam, vaccinations, etc.

 

DCF is much faster, but generally requires living in the country for at least the past 6 months.

 

Yes, he may visit on a tourist visa while the I-130 is pending. Just note that he may face increased scrutiny as he must show ties to return home and having a pending immigrant visa process and husband in the US is a tie to stay in the US. I wouldn't let that deter you from trying, but be sure to gather and submit proof of ties to return home.

 

From filing to interview is about 10-12 months, albeit I am seeing up to 14 months becoming more common currently.

Right. Definitely misunderstood then! Thanks for clearing that up.

So just to seal the DCF topic, even if I could somehow convince the consulate/embassy here to accept the case as exceptional circumstances, it doesn't matter since we live in separate countries, correct?

Thanks for following up! 14 months is a daunting amount of time compared to the K1 timeline. I'd gladly take a second job over waiting a year and two months to be reunited.

And for the K1, is that 5-8 months timeline also for the interview? 

23 minutes ago, Lemonslice said:

How important is it for your fiancé to be able to travel, drive, work or study?  K1 might be faster, but there are some restrictions on what you can do until you receive your EAD and advance parole.

It's not the most important. I'm happy to take on extra work and am confident I could come by it. He's willing to go without leaving the country for a while as well. 

Ideally he'd like to work quickly, but that's not the most major concern. With regards to the K1, my question was more about financial viability than anything else. If I understand correctly. For the K1 it's $535+~$1000+~$400 along with any costs for travel and medical exams, etc... For the IR1/CR1 it's just ~$400? Or have I misunderstood?

Thanks for all of the answers. It's a shame that a DCF isn't an option. I had read that couples filing abroad were (way back in 2007?) receiving auto expedited service at USCIS. I'm assuming that's no longer the case or is that still happening? 

To throw another question out: If we do go for the spouse visa, would he be allowed to join me in August/September to help me move and get settled into Milwaukee or is there some reason he wouldn't be allowed in as a tourist? He'd need to prove he intends to leave the country again, correct?

One final follow-up: What's the general amount of time between sending in the I-130 and the interview? I'm a newbie and not entirely sure where or how I can best find that info... is that the 10-12 months?

Hi there, 

Total newbie here! I've been lurking the past few days and reading up on the guides here as well as elsewhere on the internet. My situation is a little complicated and I'm looking for advice on the best path forward for my boyfriend and myself.

A bit of a background on us: We met over two years ago when I was living in Cologne, Germany. I was teaching English and attending a Master's program I wasn't entirely happy with, so I switched to a program in Amsterdam, where I'm currently based. My boyfriend, however, stayed in Cologne for work and we have seen each other regularly ever since given the trip is only three hours by train. I'm slated to finish my Master's in a couple months and applied for Ph.D. programs stateside back in the fall then, after realizing he was the one, proposed to my boyfriend in January.

 I found out three days ago that I was accepted into a program in Milwaukee and am planning to head there and start the program sometime in August. We had done some preliminary research into visa options for him back in January when I proposed, but given the volatility of the Ph.D. application process, we weren't even sure going back to the States was an option for us so didn't give it a ton of thought.

We had initially thought we'd hold a ceremonial wedding in Germany in July and then fly over to the States to get married in August when we both (in a total utopia world) were going to move together to Milwaukee from my hometown near D.C. Little did we know the processing times on visas are much longer for the US than anything here in Europe.

Obviously our plan doesn't quite pan out but here's my question: What's the best route for us to be together the soonest? Is a K1 still advisable when we're both rather young (mid 20's) and not making a ton of money to pay for the AOS? Is there any way I could convince the embassy here in Amsterdam to apply for a DCF if we were to get married immediately given my "job" situation as a beginning Ph.D. student? I know the German office is taking DCF's, and I used to be a resident there, but have now been in Amsterdam for a year and a half. Is a K1 still the quickest route? Would he be able to work relatively quickly once we got married and sent in the AOS or are the processing times still roughly 3 months?

So, tl;dr: I'm a USC in Amsterdam, The Netherlands. My fiance is a German living in Cologne. I'll be moving back to my parents' (one of whom will be my fiance's joint sponsor) place in VA before moving to Milwaukee in late August/early September. What's the best option for us to be together soon in a relatively affordable manner? We're both young and not made of money and I'll be starting a Ph.D. in Milwaukee that I was notified of just a few days ago.

Thanks in advance! 

PS - I don't think this is important, but if it isn't clear, we're a same sex couple. I know this doesn't change the process given marriage equality stateside, but it might be relevant to know that we can't get married in Germany, only in the Netherlands. In Germany it's just an "eingetragene Partnerschaft" which is not recognized by the US as a marriage.