rowingdan

Hello all,

My USC wife and I recently got approved for DCF and we have submitted the I-130 package to the embassy.

My wife would like to go back to the US at this point in time and wait for me to come after I get approved for LPR.

I am wondering if my wife needs to be here in my home country for any further step of the DCF process such as the interview etc?

Thanks in advance!

4 minutes ago, payxibka said:

Time savings would likely be 9 mos to a year.

Just to confirm, do you mean it would take 9-12 months with DCF or we would actually save 9-12 months with DCF?

Hello all,

My wife (U.S. citizen) and I (German citizen) live in Germany and my wife works for her U.S.-based employer remotely. We haven't started the green card process yet. We are about to send in the I-130 package.

We were thinking of doing DCF at the Frankfurt consulate to speed up the green card process. We would ask my wife's employer to draft a letter stating that she needs to come back to U.S. within the next couple of months.

Does anyone know how much time you can currently save with DCF in Frankfurt compared to USCIS with the I-130?

Would that usually be proof enough to get approved for DCF? Does the USCIS actually contact the employer to confirm?

I would really appreciate any info you have!

11 minutes ago, USC4SPOUSE said:

@rowingdan The I-485 fee is not refundable but it is cheaper than moving back to Germany. Up to you. USCIS typically approves requests to expedite EAD/AP if you have a job offer. In fact, sometimes they approve them without even asking for evidence. 

It seems to me like it would be cheaper to join forces financially with your wife and pursue AOS. Paying rent for 1 person is no different than paying rent for 2 people, unless I am missing something here. 

I understand your point. In our case however, we could live for a significantly cheaper rent at an apartment in Germany (my parents in Germany own a few apartments). The current rent here in California is only doable because my wife and I are sharing the apartment. She would not be able to carry the costs on her won once my personal funds run out.

1 hour ago, arken said:

I believe OP is talking about typical i130-NVC-CR1 route not the DCF for consular processing. At present DCF is only allowed for exceptional situations anyway.

Correct. However, I was looking into DCF as well and noticed you can potentially get approved if a change in employment happened for my wife which requires her to relocate to the U.S. on short notice. I was thinking that maybe her employer could write a statement for her to come back to the U.S. asap and then send this statement to the Frankfurt consulate for a request of DCF.

What do you think? Has anyone had experience with DCF?

1 hour ago, iy2020 said:

I assumed OP's spouse is the USC? In that case, they could definitely AOS (as long as the J-1 doesn't have the 2 year home residency requirement).

 

OP, it is definitely up to you and your partner's priorities and possibilities. But you are correct in that the EADs are taking several months to be approved. You could always try to expedite them after biometrics, but it is not a given that you'll get the expedite approved, and that still might take months.

 

If you do consular processing, just be aware that you might potentially need a joint sponsor, since foreign income normally does not count to meet the minimum guidelines (unless it will continue after you move back to the US). If your spouse moves back before you interview and secures a job that meets the income guidelines, then you won't need a joint sponsor.

 

Good luck in this process, whatever you decide!

Thank you for the insightful response!

I am not subject to the 2 year requirement. My wife has a fully remote job here in the U.S. and her employer has no problem with her working temporarily from Germany. I am assuming in our case my wife wouldn't have to leave to the U.S. before me to secure a job?

Also, we were thinking about to do AOS and try to expedite the work permit. In case the expedite request would be denied, we would switch to consular processing and move to Germany. The only thing is that we only have one more month until my personal funds will run out. Do you think this approach would be realistic? I am also not sure about a refund for the I-485 in case we switch to consular processing. I know this form costs a lot..

Hi all,

My wife and I recently got married and we are standing before a major decision. Should we do the green card process in the U.S. (AOS) or my home country Germany (consular processing).

Even though we would prefer AOS, the issue we have with AOS is the long waiting time for the work permit (I-765).

I am currently in the U.S. on a J-1 without work authorization and my personal funds are coming to an end very soon. My wife wouldn’t be able to financially sustain both of us because she pays a lot for student loans. So we cannot wait 5-7 months until I would potentially receive the work permit.

If we move to Germany while waiting for the green card, I would be able to work and financially maintain both of us. However, we are not pleased with the long wait times for consular processing either (up to 2 years). Our goal is to live in the U.S. together, not Germany.

Do you have any suggestions or recommendations?