maadams2004

I've never had to file an appeal, but it would be a good idea to send everything you have this time. It sounds like your I-130 packet was not well-prepared. You may want to call the USCIS hotline, or visit their website, for specifics on filing an appeal. Personally I would send everything with the appeal form.

Before doing this, however, you may want to review the I-130 submission guide located on this site. It will tell you everything you need to know about filing your I-130, how to prepare it, associated documents, et cetera. In situations dealing with prior marriages you do indeed need to demonstrate that the marriage was dissolved. If your wife's divorce certificate is signed by an appropriate authoritative body I would think that would be sufficient. But there's no such thing as providing too much information with your I-130.

You will do yourself a tremendous favor by reviewing the IR-1 guide and the DCF process guide. The IR-1 guide will explain to you how you need to prepare your I-130 packet. There's even a forms section on this website that has examples of how to fill out forms. The DCF guide will tell you what to expect in the DCF progress. As someone already mentioned you will not be able to monitor the progress of your DCF, but as long as you're well-prepared it should be pretty painless. My DCF was approved in 8 weeks and I used this website as my sole source of preparation. You should also read as many posts as you can in the IR-1 and DCF forums - particularly posts that seem to fit your situation. You can learn a lot from reading other peoples' experiences and save yourself a lot of headache in the process.

I would file as soon as you're eligible. In my experience with my own DCF, as long as your paperwork is in order you shouldn't have any issues. Although everyone's particular situation may differ, if you're well-prepared to answer any questions USCIS has and have all appropriate information you should be fine. I used the guides found on this site, and information gleaned from other member postings, to prepare my I-130 and I didn't have too much of a problem. My petition was approved in eight weeks.

Good luck!

Your wife can just take your marriage certificate to the SSA office to get her social under her married name and any other document after that, including her green card if she's filing for AOS. She will however, keep her maiden name in the Dominican Republic unless she officially changes it over there. This means that she will use one name here in the US and another in DR. I also have to deal with this since I don't want to go through the hassle and agony of trying to change my name in Colombia.

As for your step-daughters' last name, you will have to go to court to get this done. Each state has information about this, so if you go to their web site you should be able to find it. I believe you will need to file paperwork, get the father's permission to do so (regardless of how involved he may have or may not have been in their lives) and pay a fee.

Diana

Diana,

Thanks for the info. This sounds solid. As for the biological father of my step-daughters, suprisingly he actually approached my wife yesterday about giving us full custody of the girls. He seems to want whats best for the girls, but I also believe he is seizing the opportunity to rid himself of any financial obligation to the girls. In any case I will look up the information in my state on how to get this done. Thanks again.

Hello, All. Following the receipt of my wife and step-daughters’ visas they’ll be joining be back in the U.S. I’ve got a few questions regarding the process for officially changing their names. I’m hoping someone here may have some experience with this already and can possibly assist me.

How exactly can my wife legally change her name? I know that when most American women get married they simply file for a change of name/new social security card with the Social Security Administration. Would it be the same for my non-U.S. wife? When she is legally able to obtain a social security card is it a matter of her simply providing her new “Americanized” name on the application? My wife is Dominican and in Latin American culture a lot of people, like my wife, have a first name, a middle name, and two last names. As we move forward in our life together my wife and I want her name to reflect our unity.

The other option was to have her change her name in the Dominican Republic. But they will simply format her name in accordance to tradition in Latin America….with regard to marrying Americans anyway….by giving her my last name with “De” in front of it. For example, First Name Middle Name “De Jones.” I’d prefer not to go this route.

With regard to my step-daughters, they both live with my wife, but she doesn’t officially have full custody of the children. That is the biological father hasn’t renounced the children (although he didn’t claim the youngest and only did so this year so that my wife could take a completed birth certificate to the local government and obtain a passport for my step-daughter); he is actually not an active part of the girls’ lives. He left my wife when she was pregnant with their second child. The first daughter was one at the time. He had never seen the second child until we needed his assistance in order to get the girls’ passports. She’s now six years old.

Regardless, the biological father has given us written permission to take the two girls out of the country. That being the case can the girls legally take my last name? My own children have my last name, my wife eventually will have my last name, so I’d like my entire household to have the same last name. There has to be a precedent for this? I just don’t want my step-daughters being the odd ones out. I want them to feel just as much part of the family as my own kids. If you’re under my roof I consider you my child. I make no distinction. So it would be nice if I can make this happen.

Does anyone out there have any experience with this or possibly dealt with a similar situation? Comments welcome.

Why not get it directly from the horse's mouth?

http://www.irs.gov/help/article/0,,id=96730,00.html

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You got some good answers already, so I'll just supplement:

1. While each consulate is different, especially when doing DCF, most will require the I-864 when the beneficiary goes to the interview.

2. Normally that would not work as the beneficiary is supposed to reside (ie spend most of their time) in the USA after POE, otherwise the government may see it as them abandoning their green card and you'll have to start over. However, as you are military, there may be exceptions; check with JAG, who should know.

4. What the previous poster said. European embassies tend to be more relaxed than others, they may let you attend interview (they do in Ireland, where interviews are conducted right there in the waitingroom through a glass panel!). Ring the embassy beforehand and enquire if you are concerned.

6. I disagree with the previous poster here, I do not think being in the military qualified you for quicker DCF processing. However, I am not 100% sure, and embassies may make exceptions. Your other option would be to file "normally", ie via the USA- military members can definitely do that while abroad.

7. Probably best to have it done in Germany, as you need to go to one of a small number of certified doctors.

8. Marriage cert is often enough when filing DCF, but it is a good idea to bring some extra proof- this will only be needed once your wife interviews, and hopefully by then you'll have some joint bills, a jointly owned car, lease or similar. Children's birth certs and photos of the wedding/ you together with eachother's families are also good.

This is great input. Thanks for the assistance!

holy ####### you asked a lot of questions...

1) Possibly... DCF is different.. Frankfurt consulate may require all documents at time of filing

2) Unless your family is residing in the USA, maintaining status may be problematic... in the interim "tourist" visas may be possible

3) No, US passports for US citizens ONLY

4) Consulate interviews are typically in the native language of the country or English

5) USCIS has no issues with name changes... effect a name change based on your locality (or her locality)

6) Yes it would appear to qualify you

7) Med exams for ALL intended immigrants

Hey, thanks for the input!

Hello, All. I’ve got a few questions regarding filing an I-130 under the CR-1 process as well as Direct Consulate Filing.

First I’d like to say that I have done a lot of reading prior to posting these questions. I have a good understanding of the process, but I have a few points I need clarified. I figured someone here has probably gone through a situation similar to mine and may be able to light my way a bit.

A brief rundown of my situation:

I am currently married to a Dominican citizen (my wife). My wife presently resides in the DR with my two step-daughters. I have not begun any process for requesting a visa.

In either March or April I will be starting a new job as a Department of Defense (government) employee. As a DoD employee I am managed similar to a military person. I will receive military orders for my new duty station in Germany. Once in Germany I plan to bring my wife and daughters there to live. I’ve already talked to a representative at the German consulate in Miami and was told by the rep that as a DoD employee working in Germany I will fall under the Status of Forces Agreement that Germany and the U.S. have and so will my wife and children (my wife and children will be listed on my orders).

However, since my wife and daughters are not citizens of the U.S. they will need specific paperwork from the German government authorizing them to pass through customs once arriving in Germany. The rep at the German consulate in Miami told me this is a relatively easy process and can be handled through the military personnel office once I get to Germany. I will be given some documentation from the German government, and with this in hand my wife can pass through customs once arriving in Germany.

Moreover, I’ve talked to the American consulate in Frankfurt already and I’ve been told by a representative there that I can do a DCF at that location once my wife and step-daughters arrive in Germany.

I will be in Germany for about three years before I transfer to another duty station stateside.

My questions:

1) In my specific situation, will I be submitting my Affidavit of Support at the same time I file my I-130 at the U.S. consulate in Frankfurt?

2) I understand that once we’ve been approved for the visa my wife and daughters have six months to enter the U.S. via a Point of Entry (POE). My tour in Germany can be indefinite if I so choose, but I will probably ask for a transfer back stateside in two to three years. That being said, at least once a year I will return to the states on leave. I would like to take my family with me of course. Given that this will be my family’s first entry into the U.S. I understand we will go through the POE procedures (I’ve read the guide on this topic). However, this process seems to be built for when you’re making a permanent move back to the states. In my case I will be returning to Germany – this will just be yearly vacation. Can I still complete the POE process on vacation? Will my family still be eligible to get their Dominican passports stamped, signed, making them in effect Green Cards and attain permanent resident status? Will I be able to receive the Green Cards and Social Security Cards in the mail? Note: I’ve read in several forums here that in terms of military and DoD personnel any time spent living at an overseas duty location under military orders is considered time lived on American soil. With this in mind I would think there would be no issue with my family completing the POE process and then all of us returning to Germany after vacation.

3) Under permanent residence status will my family then be eligible to receive American passports or is this reserved solely for naturalized citizens?

4) My understanding of the DCF process is that my wife will have to complete her interview at the American consulate in Frankfurt where we will be filing the I-130. Are there any language requirements for this interview? I ask because my wife only speaks Spanish, however, she is in classes now learning English. Does she have to be at a certain level of English fluency prior to the interview? If this isn’t required, will I be able to sit in on the interview and translate anything she doesn’t understand? Does the consulate provide any assistance in this matter? A translator of their own perhaps?

5) Eventually (the sooner the better) my wife and I want to change her name (she will take my last name and drop one of hers making her name the standard American first, middle, last name, versus the four she carries now). What is the process for this when you marry a non-U.S. citizen? Should I be doing this now when I have to fill out all of this paperwork? Will a name change now impede the process? Otherwise what would be appropriate time to change my wife’s name?

6) Does the six month residence qualification apply to military/DoD civilians utilizing the DCF process? That is, can I file at the consulate in Frankfurt after only a month in Germany?

7) I thought I previously read on one of the forums here that medical examinations for non-citizen spouses (and other relatives) have to be performed prior to the issuance of a visa. Do I still need these medical examinations in the DCF process? And if so, in my particular situation, should I have these done in the Dominican Republic or wait until I get to Germany since I will be filing through the DCF process there?

8) And lastly does anyone have any suggestions regarding proof of marriage for the DCF process? Of course I already have official copies of birth certificates and our marriage certificate. However, I’m not currently in the DR with my wife (I’m working overseas in the ME at the moment). We do have an apartment there, but my name is not on the lease. And we don’t have any joint accounts in the DR. When I send my wife money for the household, et cetera, I use Western Union versus using a bank due to the sometimes questionable taxing policies of the banking industry there (not to my liking). We DO HAVE friends there that witnessed our marriage and can do the affidavit. That’s not a problem.

However, beyond this affidavit, what else will be sufficient for proof of marriage? Since I will be filing under DCF in Germany I thought perhaps I could use my military order which will have my wife and step-daughters listed, as well as copies of their military dependent ID cards. Also I will have the documentation from the German government allowing my family to enter Germany. By the time my wife gets to Germany and we file at the consulate we will have a joint account at this time and of course a shared domicile (but I don’t believe I will be able to have her name on the lease). Will these additional points be sufficient for proof of marriage in my particular situation? I just worry if the affidavit from our friends would be enough on its own. I would rather provide too much information than too little and slow the process.

Well there you have it. I apologize for the huge post, but if you’ve taken the time to read it I greatly appreciate it. And of course I appreciate any assistance anyone can provide me on the above questions.

SerenityHope is correct. I was actually concerned about the same issue as this is the first filing year under my marriage to my wife who is a Dominican citizen. I called the IRS helpline and spoke to a representative there. She told me that I could submit my return with the applications for ITINs for my wife and step-daughters simultaneously. The woman told me I needed certified copies of birth certificates and passport if passports were available. So my wife went to get the birth certificates for the three of them, they're getting certified and translated, and she'll send them to my CPA stateside for filing.

I would think that this would be preferable to filing single as it does show an official shared financial status. Official documentation that your non-U.S. wife/husband is your dependent.

Thanks for all the feedback everyone. It's much appreciated.

I’ve got a quick question for the group – hopefully someone can assist. I’m curious as to whether the CR-1 process has time limitations/benchmarks similar to the K-1 process. For example, I understand that under the K-1 process once my fiancée were to receive her visa she has 60 days to travel to the U.S. (I think that’s correct….could be mistaken) and once in the U.S. we have 90 days to marry. Does the CR-1 have similar time constraints? Once she receives the CR-1 visa does she have a certain timeframe in which she must travel to the U.S?

The reason I ask is I would prefer to utilize the CR-1 path versus K-1 or K-3. Once the visa is approved I wonder if we’ll be told she must travel to the U.S. within ‘x’ days. I’m trying to anticipate any future problems. We have to get out of the contract for the apartment we currently have, get rid of furniture and other household belongings that I don’t want to ship to the U.S., et cetera. I guess I’m concerned about having enough time to do all of those things. If there are time constraints that we must meet as part of the CR-1 process it would be good to know in advance. At the moment I’m not aware of any such constraints. Am I mistaken? I mean if she receives the CR-1 visa in July for example and we decide for various reasons that it would be best that she not make the move to the U.S. until December, is there anything within the CR-1 process that prevents this? Any assistance or comments are greatly appreciated.

I have a unique situation (I think) and wanted to solicit details from the knowledgable folks here.

Some background:

I’m a government civilian employee. I’ll be taking an assignment to Germany on orders from the Department of Defense in late November. I have a fiancee who is a citizen of and lives in Santiago, Dominican Republic. She has two minor children. I’ll likely be in Germany for two to three years.

I’ve done some researching here on the site on the K1 and K3 process and can’t quite find a situation in the forums like mine. I guess I’m trying to determine the best course of action to take towards my end goal of marriage and having my fiancee and her daughters with me.

I understand that if I go the K1 route, my fiancee recieves the visa, she can come to the U.S. and we have 90 days to get married, file for change of status, and wait for….her green card? But she can’t leave the U.S. until this process is complete. The problem is I can’t leave my assignment in Germany to come back home and wait this process out. The one option is of course to leave my wife there in the U.S. while I continue my duties overseas. But I don’t want to. I’m not going to bring my new bride to the states just to dump her there – in a foreign culture – and go back off to Germany. And I have no one she can stay with until the process runs its course.

The K3 route seems to be the same except we’re getting married outside the U.S. Doesn’t she still have to wait in the states until she receives her green card?

Can anyone give me any advice as to how to proceed? I want my fiancee, once we’re married, to be able to travel to Germany with me on my assignment. I’m going to call the USCIS Monday to ask some direct questions, but I was hoping some of you folks may be able to assist

I would suggest getting married and filing just an I-130 petition (with supporting documentation) for a CR1 visa. Once the visa is in hand and used, she enters the US with LPR status. The actual green card will arrive at the US address you have on file within a few weeks but the I-551 stamp in her passport will allow her to accompany you to Germany immediately.

You would want to check on whether DOD civilians on assignment are treated the same as actual military as to their overseas assignments. If military, your wife being in Germany with you on assignment would be considered the same as if she were in the States, with respect to maintaining permanent resident status. I'm not sure DOD civilian employees' spouses get the same treatment.

From what I've read regarding INA 319.B, DoD Civilians are treated the same as military members.

Good. Somebody else suggested getting her a visa to Germany and marrying there, then filing the I-130 directly with the Consulate in Frankfort a few months before you wish to return to the States. In theory, this is equally viable as an option but in practice, getting the visa from the DR to Germany may not be viable. Further, the timing is uncertain. You could end up needing to leave her behind in Germany or stay past the end of your job with no income to wait for her visa. I think you'd probably be more comfortable getting on with life as it is now in whichever country you each need to be for the next few months, then reunite one time with all issues dealt with. Your call.

I've been doing a lot of reading, and it seems the best option for me is to get married in the Dominican Republic and then file my I-130 and go the CR-1 route. That way when the approval comes through I won't have to worry about adjustment of status, and then bring her on over to Germany. Once I get married and file the I-130 I'll talk to the USCIS about expediting the case. However, I really don't won't my case expedited to be honest. My fiancee is taking indepth english classes on the island and I would like her to finish the curriculum.

I have a unique situation (I think) and wanted to solicit details from the knowledgable folks here.

Some background:

I’m a government civilian employee. I’ll be taking an assignment to Germany on orders from the Department of Defense in late November. I have a fiancee who is a citizen of and lives in Santiago, Dominican Republic. She has two minor children. I’ll likely be in Germany for two to three years.

I’ve done some researching here on the site on the K1 and K3 process and can’t quite find a situation in the forums like mine. I guess I’m trying to determine the best course of action to take towards my end goal of marriage and having my fiancee and her daughters with me.

I understand that if I go the K1 route, my fiancee recieves the visa, she can come to the U.S. and we have 90 days to get married, file for change of status, and wait for….her green card? But she can’t leave the U.S. until this process is complete. The problem is I can’t leave my assignment in Germany to come back home and wait this process out. The one option is of course to leave my wife there in the U.S. while I continue my duties overseas. But I don’t want to. I’m not going to bring my new bride to the states just to dump her there – in a foreign culture – and go back off to Germany. And I have no one she can stay with until the process runs its course.

The K3 route seems to be the same except we’re getting married outside the U.S. Doesn’t she still have to wait in the states until she receives her green card?

Can anyone give me any advice as to how to proceed? I want my fiancee, once we’re married, to be able to travel to Germany with me on my assignment. I’m going to call the USCIS Monday to ask some direct questions, but I was hoping some of you folks may be able to assist

I would suggest getting married and filing just an I-130 petition (with supporting documentation) for a CR1 visa. Once the visa is in hand and used, she enters the US with LPR status. The actual green card will arrive at the US address you have on file within a few weeks but the I-551 stamp in her passport will allow her to accompany you to Germany immediately.

You would want to check on whether DOD civilians on assignment are treated the same as actual military as to their overseas assignments. If military, your wife being in Germany with you on assignment would be considered the same as if she were in the States, with respect to maintaining permanent resident status. I'm not sure DOD civilian employees' spouses get the same treatment.

From what I've read regarding INA 319.B, DoD Civilians are treated the same as military members.

I have a unique situation (I think) and wanted to solicit details from the knowledgable folks here.

Some background:

I’m a government civilian employee. I’ll be taking an assignment to Germany on orders from the Department of Defense in late November. I have a fiancee who is a citizen of and lives in Santiago, Dominican Republic. She has two minor children. I’ll likely be in Germany for two to three years.

I’ve done some researching here on the site on the K1 and K3 process and can’t quite find a situation in the forums like mine. I guess I’m trying to determine the best course of action to take towards my end goal of marriage and having my fiancee and her daughters with me.

I understand that if I go the K1 route, my fiancee recieves the visa, she can come to the U.S. and we have 90 days to get married, file for change of status, and wait for….her green card? But she can’t leave the U.S. until this process is complete. The problem is I can’t leave my assignment in Germany to come back home and wait this process out. The one option is of course to leave my wife there in the U.S. while I continue my duties overseas. But I don’t want to. I’m not going to bring my new bride to the states just to dump her there – in a foreign culture – and go back off to Germany. And I have no one she can stay with until the process runs its course.

The K3 route seems to be the same except we’re getting married outside the U.S. Doesn’t she still have to wait in the states until she receives her green card?

Can anyone give me any advice as to how to proceed? I want my fiancee, once we’re married, to be able to travel to Germany with me on my assignment. I’m going to call the USCIS Monday to ask some direct questions, but I was hoping some of you folks may be able to assist