sjhorn2001

Hi there,

This forum has already been a big help - thanks in advance for your help in this thread! A bit of background information: I am a US citizen and resident of Germany planning to marry my boyfriend (UK citizen and resident) in Denmark and then immediately apply for his green card by filing the Form I-130. I will be starting grad school in the US in fall, and we are hoping my husband will join me in the States this fall already (if all goes well).

My first question is, as a resident of Germany, am I better off filing the Form I-130 at the USCIS in Frankfurt or in the US? (On the USCIS in Frankfurt's website it says that the "normal processing time" for the I-130 is six weeks).

If I understand correctly, after the I-130 has been approved and we receive the Receipt I-797C, we can either designate consular processing OR apply for a K3 visa so that my husband can enter the US in the meantime. With our goal being to be together in the US as soon as possible, are we better off just waiting for the consular processing or applying for a K3?

I am looking forward to your feedback!

Thanks!

ian-mstm

Your phrasing is a tad confusing. Your husband, regardless of whether he gets a K-3 visa or an IV, can *not* enter the US ahead of you. You must either already be in the US, or accompany him to the US. I just wanted to clear that up.


You need to know that "as soon as possible" isn't always the best solution... especially where immigration is concerned. Since the K-3 takes longer than the IV route, I suggest the IV route. Also, when he enters the US with the IV, he becomes a PR immediately and can live and work in the US with no more paperwork to file. His GC and SSN will come in the mail a few weeks after arrival. If he enters as a K-3, he must then apply to adjust his status to a PR and that's expensive and time consuming. There was a time when K-3s were processed fairly quickly, but that hasn't been true now for some years.

Ian

Noorah101

Definitely Frankfurt. Filing the I-130 directly to a consulate is always quicker than filing it in the USA. They quoted you 6 weeks for approving the I-130. If you file in the USA, you are looking at about at least twice that amount of time, maybe 12+ weeks.

Definitely go for just the Immigrant Visa processing, not the K-3. Especially in your case, if you want to marry in Denmark, the K-3 interview must be held in the country of marriage...Denmark. The IV interview is held in the country of residence...Germany. Plus as Ian mentioned, the K-3 is no longer faster than IV processing, especially since you are doing DCF (direct consular filing). DCF is the fastest method already, towards the Immigrant Visa.

Oh, and just wanted to point out that after you marry, you aren't applying for his green card. You are applying for his immigrant visa. He will receive his green card when he enters the USA using his immigrant visa. I knew what you meant, but its important to know the correct terminology throughout the process.

Best Wishes,
Rene

meauxna

I do not think the K-3 path is open to you.

You will be allowed to file your I-130 with the USCIS Field Office in Frankfurt. They run that average of 6 weeks for approving the I-130 and then they pass is straight over to the Immigrant Visa Unit (Dept of State) and the visa application process begins.
(btw, you will probably not receive an I-797C--those are from the stateside Service Centers.. the overseas offices have their own varied ways of letting you know the petition is approved)
If you've got everything ready, I recall that the visa portion is only another 8 weeks or so.

The process of filing overseas is often called DCF or Direct Consular Filing; check out the link in my signature for an overview of the Immigrant Visa process when the I-130 is filed abroad. cases are MUCH faster to complete this way.. ours took a month, some take a mere few months. Compared with an 8-12 month K-3 process, this is much much faster for you (you will probably even make your fall move schedule).

Hope that helps you make your choice.

utopiacowboy

They are absolutely right about the dubious value of a K-3. My wife got one back in the day when it was taking the TSC a couple of years to approve an I-130. The K-3 did allow her to get here within 6 months of our marriage. However it did not allow her to work without an EAD and she either had to AOS or go back to her home country for processing once her I-130 was approved. On the whole I wish they had been working on the I-130s as fast as they are now. We would have waited the few extra months for the CR1.

sjhorn2001

Hi again,

Thanks to all who replied! This helped clear up a few questions, and has helped set me straight with some of the terminology. I'm sure I'll be back with further questions soon...

Until then, all the best!