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Moving back to US

Moving back to US

Old Oct 1st 2004, 11:10 am
  #1  
Sue
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Default Moving back to US

Hi. I am a US citizen now living in Germany with my German husband. We
are planning on moving back to the US soon. My husband will be
finishing his PhD in about 6 months, and would like to begin working
in US within a year. He has a good chance of getting a post-doctoral
position there. The problem is that I am also in school, but won't be
finished for 1.5 to 2 more years. We are not sure if he can move to
the US ahead of me. Most of the time I will be working on my thesis,
which I can also do in the US, but I will also keep my apartment here.
In the long run, we want to live in the US and it doesn't make sense
for him to sit around here for a year waiting for me to finish school.
(Also, with the way German employment contracts are, he can't just
take a job for a year and then quit. And his chances of getting a job
are also slim. We live in Berlin with an unemployment rate of 18%!)

My question: Is it possible for him to enter the US on a
marriage-based visa even if I will be staying in Germany? Or should he
attempt to get a J-1 or H-1 visa? Is that even possible, since he is
married to a US citizen?

Any advice or tips would be appreciated. We are still in the planning
phase now.
 
Old Oct 1st 2004, 6:41 pm
  #2  
 
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Default Re: Moving back to US

Originally Posted by Sue
My question: Is it possible for him to enter the US on a
marriage-based visa even if I will be staying in Germany?
Yes. Your issue to overcome is where your 'domicile' is. You say you may spend time in the US and abroad (this was my situation, although I was not enrolled in a course of study at the time. I do not know how that may or may not affect your case). I was deemed to be Temporarily Resident Abroad.
The good news for you would be the ability to file your petition at the Consulate in Germany, speeding up the overall application time.

I imagine that the Affidavit of Support (I-864) would be something for you to study as well w/regards to income.

If he enters on an Immigrant Visa, he will be allowed to work from day one, which sounds like it may be important to him.
If you want to research this concept, it's often referred to here as DCF or Direct Consular Filing and you can look on the Immigrant Visa portion of your Embassy's Consular Visa information web page.
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