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General Forums => The O' Club => Topic started by: cav58d on August 16, 2007, 11:19:16 PM

Title: Moving to the USA
Post by: cav58d on August 16, 2007, 11:19:16 PM
I'm looking for anyone who has either immigrated to the United States as a Permenant Resident/Legal Citizen, or someone who has personally gone through this experience with a spouse or significant other.

My situation:  Girfriend is a German Citizen.  She has been living in the United States the past two years on a work Visa, however, she will be returning to Germany from Dec 07-Jun 08 to finish University.

As soon as she graduates from University our plans are for her to move back to the United States.  We plan on eventually wedding, however, the engagement visa is not for us, because it's definately not going to be happening within 90 days of June 08.

She is getting very worried that we may run into problems, but I keep trying to re-assure her that with her background (Speaks/Reads/Writes perfect English, has two years work experience in the US, full time employment in Germany prior to coming to the US, and a soon to be Bachelors degree) that there isn't much she should worry about.  I would think her background makes her the ideal candidate for eventual citizenship.  However, i've never dealt with anything like this before so I dont know.

So if there is anyone from the boards who has any experience with this i'd REALLY like to talk with you.  I don't know how long the process will take, so we figure we will start as early as possible in case there are any unforseen problems.

Thanks

Cav
Title: Moving to the USA
Post by: Rolex on August 17, 2007, 12:18:30 AM
First off, she appears to be the smart one in this relationship, because she is right. You're reassuring her based on things that are not relevant to getting permanent residency based on her status as a spouse. As a matter of fact, I would say she has very little chance of getting a permanent resident visa on her own. There are country quotas and having worked previously in the US under a company-sponsored visa is not a plus. It's a minus. Perfect English language is not a requirement or factor. Having worked full-time in Germany means that she is employable in Germany. I know of Germans with stronger backgrounds and none of them were able to get a permanent resident visa in the past few years.

You will likely find that you have to get married in Germany, then make an application at the embassy in Germany. Things are much easier then.

You should know the rules already by having talked to someone or looked at the rules on line. The rules are always changing, so don't listen to someone who did it even a few years ago.
Title: Moving to the USA
Post by: LePaul on August 17, 2007, 12:45:22 AM
That system has seen a lot of change since 9/11.  My friend married a woman from Indonesia 3 years ago.  Getting her over here legally was a long, arduous process.  I beleive they even had to appeal for help to our local House and Senate reps.

Kudos to LEGAL immigration tho  :)

Best of luck to you guys, I know it took my friends well over 2 years to make it all work.
Title: Moving to the USA
Post by: cav58d on August 17, 2007, 01:01:35 AM
Too be honest, I haven't really done all my homework yet.  That all starts today.  I appreciate your reply Rolex, but I don't know if the whole "brains in the relationship" comment is really called for.  But hey...To each ones own right?

Anyways, to re-phrase...Is there anyone who is currently going through this process, or has very recently gone through the process?

Thanks in advance

Cav
Title: Moving to the USA
Post by: Hornet33 on August 17, 2007, 01:18:07 AM
Cav if your really thinking about getting married to this woman then Rolex is correct. She will have all the brains in the relationship and you need to just get used to the idea. Once you are married you will be an idiot, same as all the rest of us that have been down that road. It's nothing personal just a fact of life.:D
Title: Moving to the USA
Post by: Monk on August 17, 2007, 01:28:03 AM
Rolex has explained it pretty good.  

Everything you need to know is here.  

 http://www.usembassy.de

here is a better link.

http://germany.usembassy.gov/germany/visa/index.html
Title: Moving to the USA
Post by: Rolex on August 17, 2007, 01:39:19 AM
Sorry, cav. You're right.

I just think you should listen to her concerns because they are valid. Unfortunately, it's easier now to be an illegal alien than to legally immigrate to the US. The highest priority for permanent residence is for her to be your wife.

I know several people who have gone through the process. A US Navy Officer stationed in Japan married an Estonian woman he met while she was in the US on a student visa (graduate student), and transferred to Japan with her. She was a US military dependent, but could not enter the US and was denied permanent residence after they petitioned. She had to return to Estonia after he transferred back to the US. He left the service and moved to Estonia.

Another two people married Japanese women, and neither have been able to get permanent residence in the last two years. The wives travel in and out of the US on 90 day tourist visas.

Everyone I know pre 9/11 was able to get a spouse-sponsored visa in about 3 months.
Title: Moving to the USA
Post by: Monk on August 17, 2007, 01:56:10 AM
Short and sweet, the best way is with a K-1 visa. Get married.
Title: Moving to the USA
Post by: 1K3 on August 17, 2007, 02:06:52 AM
Me and my parents moved here to the US from Philippines in 1996, I was just 9.  Based on my parent's experience, you will need LOTS of money (and patience of course) to pay for an immigration lawyer and other immigration-related fees.  

- Year of entry to the US:  1996
- Year received GREEN CARD (Permanent Residence):  2002

My older sister was happy that we got our GREEN CARD because the federal aid helped her greatly during her college years.  In my books, she was an excellent student. She graduated with high honors and got her B.A. in business administration at Mount Saint Mary's College (An all-girls Catholic University :p )

- Grand total spent on immigration-related fees + naturalization:  ~$20,000+ estimated
- Year Naturalized:  July 2007

For those classified as "Permanent Resident" have to wait 5 years to be naturalized as US citizens.
Title: Moving to the USA
Post by: 1K3 on August 17, 2007, 02:11:25 AM
And yes, K1 is a way to go.

http://www.visajourney.com/faq/k1faq.htm
Title: Moving to the USA
Post by: eskimo2 on August 17, 2007, 07:54:08 AM
I have a friend who recently immigrated here from Germany and married a US citizen.  I asked him about his experience and was amazed as to how quick and easy the process was for him; I’ve heard the horror stories as well.  He got a good lawyer who was an immigration specialist.  He also strictly followed the laws.  I think your GF being German is a big plus over other countries, education is good to.  Get a good lawyer ASAP and develop a plan.

I also have a friend who married an illegal immigrant from Mexico.  They tried to set things straight but he was deported while she was pregnant with their second child.  For health care reasons she couldn’t risk moving to Mexico in her condition; it was an awful situation and split up their family.  He stands nearly no chance of ever gaining US citizenship since he’s been an illegal and deported.  

What state/city are you in?
Title: Moving to the USA
Post by: JBA on August 17, 2007, 08:15:59 AM
I broke my hand so pardon the typos and no caps.....
first are you a US citizen?  that will make it much easier?

haven said that my wife is Russian cit, I’m US. I spent a year at the law library researching visas. we were married in Russia and filed at the US embassy for her I-1 visas  "permanent residence" based on "marriage to US citizen" I was able to speed up the one-two month long process down to 1 week because I went prepared with all paper work, notarized, in triplicate, and where necessary translated in to Russian.

PM/email me I’ll give you the info off line.
Title: Moving to the USA
Post by: 68Wooley on August 17, 2007, 08:26:09 AM
Hi CAV,

I'm currently going through the process of applying for permanent residence, moving from an L1 visa.

First up, here's the bad news. It will be extremely difficult for your girlfriend to obtain permanent residence on her own. Being from Germany will not help. In fact it may be a hindrance. She lives in a stable country with a strong economy and is free from any kind of persecution. Unless she has some skill that the US Government values highly, there is no reason to grant a visa or permanent residence.

On the other hand, if you get married it should work out. Something I've known people do is to have a simple civil ceremony to get a marriage certificate and get the immigration ball rolling. They then have an 'official' wedding as planned a year or two or whatever later. I'm sure that's not how you would ideally want it to happen, but it might be your easiest path. I'm absolutely against getting married just to get a green card - and USCIS will investigate to see if this is what you have done - but if you are planning on getting married anyway, I don't see the harm. Keep any letters, photographs, joint utility statements etc you might have. You'll want to gather as much evidence as you can that you and your girlfriend are for real and not just doing this to get her into the country.

Like others have said, get a good immigration lawyer and get their advice. Don't try and do this without help. It'll make the difference between the process lasting months and lasting years.


EDIT: Forgot to say: best of luck - hope it all works out.
Title: Moving to the USA
Post by: 68Wooley on August 17, 2007, 08:31:17 AM
You'll find a lot of good advice on the forums at British Expats (http://www.britishexpats.com).

The people here are pretty knowledgeable and the immigration processes for German citizens will be exactly the same as British citizens.
Title: Moving to the USA
Post by: cav58d on August 17, 2007, 08:35:02 AM
I really appreciate all the help guys...I'm off to my former University's library to see what I can dig up.


I'm in Southwest Connecticut by the way for whoever asked where I was located?  Does location make much of a difference?
Title: Moving to the USA
Post by: Traveler on August 17, 2007, 09:34:59 AM
First thing you should both do is immigrate to India.  Become citizens of India, then apply for immigration to the US, from what I can see the US never says no to a citizen of India's request to immigrate to the US.
Title: Moving to the USA
Post by: 68Wooley on August 17, 2007, 09:57:32 AM
Quote
Originally posted by cav58d
Does location make much of a difference?


Not really. It used to make a difference as there were regional processing centers and some were reputedly more relaxed than others. These days, all petitions are processed at a central location.
Title: Moving to the USA
Post by: JBA on August 17, 2007, 10:38:24 AM
You will need :

1. to go to your local govt. offices and get a letter stating you have never been married, or you are at least not marraied now.It has an expiration  so don’t get it to soon.

2. then you need an “apostille” certifying this letter http://www.sots.ct.gov/CommercialRecording/CRDAuthApos/AuthForms.html

3. there must be some forms for your“wife”, call the US embassy in germany for answers assuming you will marry her in Germany, to fill out mostly demographic type stuff, i.e.” Age,  sex, have you been or are you now a Nazi, terrorist, communist.” no joke it’s on the forms.

4. You will have to sign  a letter of finical support, basically if you divorce/separate or if just for the hell of it she collects govt. assistance then you agree to pay the US govt. back.

5. I would take out life ins, and name her as beneficiary,

6 name her beneficiary on all of your financial accounts, i.e. bank act, 401k, life  ins .etc.  this shows good faith that it’s not a fraud marriage.

7 she will get her green card stamp in her passport at the US embassy afweter you have filed for her, she will then be interviewed. this stamp and the card which will come by mail will be valid for three (3) years do to the newness of your marriage, at which time you will resubmit most of the above paper work and then she will be given a ten (10) year card

8 she will be eligible for  citizenship after the first 3 years.

If I think of anything else I’ll PM you. If you want to call me I’m in Boston and I can talk to about this.
Title: Moving to the USA
Post by: Monk on August 17, 2007, 11:36:33 AM
Cav,
Follow the directions of this link for a K-1 visa and you won't have any problems.  That is if you plan on marrying. You will not need a lawyer for this.

http://germany.usembassy.gov/visa/k1visa.html

As stated above, for a Germany citizen it is next to impossible to immigrate to the states.

This is a good link for employment immigration, if you decide to go that way.

http://germany.usembassy.gov/employment_immigration.html