BertieWooster

Greetings all,

I thought I would take a few minutes to introduce myself as I am just about to start the green card process. I've been married to a lovely American lady for just over four years. We are currently living in Germany due to my work and are looking at heading to the USA in late 2015/early 2016 when my contract finishes.

Our plan is to file the I-130 and IR-1 with the US Consulate in Frankfurt as we will be eligible for DCF due to the time we have been in country. The USCIS staff in the Consulate advised that the entire process should take around 6 months but advised us to submit the I-130 as soon as possible as we could then take as long as we needed to submit the next round of paperwork.

Hopefully the whole process should be relatively straight forward. We won't need a joint sponsor as we will have enough liquid assets to cover the 3 x 125% poverty level.

When we were living in the UK we did file an I-130 in London which was accepted. However, we then had to withdraw my application as I got transferred to Germany and couldn't therefore honestly show any intent to move to the US in the near future. Hopefully the fact we have previously filed an I-130 shouldn't have a negative impact on the process this time round.

Anyway, I will try to keep people up to date with how the process goes. Any suggestions and advice are more than welcome!

Bertie

ian-mstm

To clarify, you're about to start the immigrant visa process. While the end result may be a green card, you won't get the card until after you enter the US with your immigrant visa.


The timeline is about right, but I suggest you file about 8 months prior to when you want to leave and not "as soon as possible". You really don't want your paperwork sitting stagnant on someone's desk... that's how things get lost.


It should not have any impact at all.


It sounds as though you have a well thought-out plan of action. I trust that your USC wife has been filing her annual tax returns as required by US law - she'll need those. Best of luck to you.

Ian

BertieWooster

Thanks. We have spent quite a lot of time researching what needs to be done regarding the whole immigration process. I also have a clear plan on what job I want to do out there and am working towards that already.

With regard to my wife's tax returns, she hasn't filed any since she has been out of the US as she hasn't met the income requirement. Our intention is for her to obtain verification of non-filing from the IRS which should help satisfy any questions.

Bertie

civilservant

And you have made plans to satisfy the 'intent to domicile' question?

BertieWooster

We plan on selling our house in the UK in the next year or so and are already starting to look at properties in the USA to buy. My wife has a US bank account (which is used fairly regularly) and has recently renewed her US driving license. She has also voted in the General and State elections while she has been away from the US so definitely hasn't given up her US life.

Bertie

Noorah101

Not only will it not have a negative impact, but that approved I-130 might still be available for use. If you never completed the process, an approved I-130 does not expire (to my knowledge).

Rene

BertieWooster

I'll do some research and speak to the consulate in Frankfurt in that case. If I can use that I-130 then it will make things easier. Thanks for the tip

Bertie

Married2abrit

Off topic, but wanted the OP to know that I love his screen name. Best of luck to the both of you on your new adventure!

BertieWooster

Thanks

Bertie

BertieWooster

I definitely won't be able to use the I-130 that we filed in London back in 2011 as the petition was cancelled following our move to Germany. I'm not too worried as there is enough evidence to demonstrate the bona fides of our relationships (mortgage, joint bank accounts, house lease in Germany, etc).

Hopefully it should be more straight forward this time than last because, due to the fact we had been married for less than two years, we had to provide several affidavits from a number of people to demonstrate that we were in a proper relationship.

I think it may be worth starting a new DCF Germany timeline thread once we file the I-130 - that we I can keep people apprised of events.

Bertie

BertieWooster

I just thought I would provide a quick update. Having said in my last post that we cancelled my approved I-130 petition after moving to Germany, it appears that the Immigrant Visa Branch didn't receive our letter as they have just written to me advising that they haven't heard anything from me for a while and are therefore giving me one year to submit the DS-230 and DS-2001 forms.

I've just contacted the US Consulate in Frankfurt and asked if they can can transfer my case over. If they are able to (and I am really hoping that they can) then it means I don't have to go through the whole I-130 part again.

Bertie

ian-mstm

Excellent! Please let us know what happens.

Ian

BertieWooster

I've just heard from the US Consulate in Frankfurt - they have advised that they will accept my file for processing and will contact me once they have received my petition from London. Happy days!

Bertie

BertieWooster

Just a quick update - Frankfurt has received my file and so it is all go from here. I'll be submitting the DS230 in the next few weeks and then will work on getting all the relevant documents to hand.

Bertie