Filing I-130, I-131, I-485, I-765 and depart

[D-Man]

Hello,

My wife (USC) and I are married since a year. The original plan was for her to come to Europe with a Federal Job but unfortunately that won't happen soon due to a hiring freeze and it might take another 2 years or so until she might get hired, thus we decided I come to the U.S. I've been there numerous times on ESTA during the past few years.
I am employed in Europe and would like to stay employed until I get the I-765. Supposedly it is issued within 2-6 months whereas the CR-1 takes a year or longer.


Here is my theory and I would like to ask if it is possible:

If I fly to the U.S. on ESTA for about 2 weeks and submit the I-130, I-131, I-485, I-765 concurrently, can I just fly back to Europe? I understand I would have to come back within the next 4 - 6 weeks to do the biometrics.
I would basically fly back and forth between Europe and U.S. every 2 to 3 months the same way I have been doing it for the past 3 years. As soon as I would get the I-765 I could start applying for jobs and resign from my current one.

Is it doable?

[newacct]

Hello,

My wife (USC) and I are married since a year. The original plan was for her to come to Europe with a Federal Job but unfortunately that won't happen soon due to a hiring freeze and it might take another 2 years or so until she might get hired, thus we decided I come to the U.S. I've been there numerous times on ESTA during the past few years.
I am employed in Europe and would like to stay employed until I get the I-765. Supposedly it is issued within 2-6 months whereas the CR-1 takes a year or longer.


Here is my theory and I would like to ask if it is possible:

If I fly to the U.S. on ESTA for about 2 weeks and submit the I-130, I-131, I-485, I-765 concurrently, can I just fly back to Europe? I understand I would have to come back within the next 4 - 6 weeks to do the biometrics.
I would basically fly back and forth between Europe and U.S. every 2 to 3 months the same way I have been doing it for the past 3 years. As soon as I would get the I-765 I could start applying for jobs and resign from my current one.

Is it doable?

1. You are not supposed to enter on the Visa Waiver Program with intent to file Adjustment of Status (I-485) during that stay.
2. If you leave the US while your I-485 is pending, without having first received Advance Parole, you would automatically abandon your I-485. It may take 5-6 months to get the Advance Parole after filing I-131.

[D-Man]

Oh, that's bad news. I just read up on it and apparently they changed the rules a year ago.
What visa would I have to get to enter the U.S. with the intention to file the above mentioned items? The waiting period of one year or even longer (!) is just too long so maybe better quit the job, pull unemployment while in the U.S. and wait 6 months until the EAD comes through?

[UScitizenFilingforspouse]

Hello,

My wife (USC) and I are married since a year. The original plan was for her to come to Europe with a Federal Job but unfortunately that won't happen soon due to a hiring freeze and it might take another 2 years or so until she might get hired, thus we decided I come to the U.S. I've been there numerous times on ESTA during the past few years.
I am employed in Europe and would like to stay employed until I get the I-765. Supposedly it is issued within 2-6 months whereas the CR-1 takes a year or longer.


Here is my theory and I would like to ask if it is possible:

If I fly to the U.S. on ESTA for about 2 weeks and submit the I-130, I-131, I-485, I-765 concurrently, can I just fly back to Europe? I understand I would have to come back within the next 4 - 6 weeks to do the biometrics.
I would basically fly back and forth between Europe and U.S. every 2 to 3 months the same way I have been doing it for the past 3 years. As soon as I would get the I-765 I could start applying for jobs and resign from my current one.

Is it doable?

Newacct outlined precisely the most likely outcomes if you were to proceed. Now here's a thought. If you were planning on going back to Europe ANYHOW and staying there, it makes more sense to me to choose consular processing. If you are in the jurisdiction of one of the USCIS international Offices in Europe, then you are in luck. You would be able to file the I-130 at one of those offices (OR request an exception to file at the closest one). Those offices process I-130s in a month or two.

The whole shebang would take less than 6 months. I would personally do consular processing even if you do not qualify to file with one of the USCIS international offices AND your request for an exception is declined. I would then file the I-130 with USCIS in the US and request to expedite with either USCIS OR with the NVC.

[D-Man]

https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office

That's my office. I'm a german citizen and live one hour away from frankfurt. I was under the impression that it takes alot longer to file from overseas and yes, my intention is to stay employed in germany until I receive the residence permit. So basically the only form I have to file is the i130 since all others pertain to people who are currently stateside, correct?

[UScitizenFilingforspouse]

https://www.uscis.gov/about-us/find-...t-field-office

That's my office. I'm a german citizen and live one hour away from frankfurt. I was under the impression that it takes alot longer to file from overseas and yes, my intention is to stay employed in germany until I receive the residence permit. So basically the only form I have to file is the i130 since all others pertain to people who are currently stateside, correct?

My friend, you are in luck. You are a german citizen and your spouse resides in Germany with you. Therefore, you qualify to file your I-130 with the USCIS international office. See the screenshot below. Here's the link to the International Offices' Processing Times.

[D-Man]

I wished! But she is in California because no GS job in Germany
Can we file together in Frankfurt the next time she is visiting? Thank's for the help!

[UScitizenFilingforspouse]

I wished! But she is in California because no GS job in Germany
Can we file together in Frankfurt the next time she is visiting? Thank's for the help!

Your wife will have to provide evidence that she resides in Germany. If you scroll down to office services, and click on I-130 Petition for alien relative", you will find all the requirements. To be safe, I would make sure that she is there for a good two months. The longer the paper trail is that you can show, the better. If she has been going back and forth, you can always argue that Germany is her residence and that she is flying to the US to get everything ready for your move. It's all in the wording.

[D-Man]

Your wife will have to provide evidence that she resides in Germany. If you scroll down to office services, and click on I-130 Petition for alien relative", you will find all the requirements. To be safe, I would make sure that she is there for a good two months. The longer the paper trail is that you can show, the better. If she has been going back and forth, you can always argue that Germany is her residence and that she is flying to the US to get everything ready for your move. It's all in the wording.

Thanks for great info! However, it won't be easy to make her a german resident since there Is apparently a german language requirement nowadays. Plus she is fully employed in California and never visits longer than 2 weeks...appreciate your help Sir!

[UScitizenFilingforspouse]

Thanks for great info! However, it won't be easy to make her a german resident since there Is apparently a german language requirement nowadays. Plus she is fully employed in California and never visits longer than 2 weeks...appreciate your help Sir!

Hmm... I think maybe whoever told you about the language requirement may have exaggerated the actual requirement. This website shows that the foreign spouse or same-sex partner usually has to have basic German language skills. That would be level A1. That's not hard to do. https://service.berlin.de/dienstleistung/305289/en/

Deutsche Welle even has a telenovela in German for German learners. I gotta say I watched a little bit of it and it seemed quite well made. There are a zillion resources on the Deutsche Welle website.

https://www.dw.com/de/deutsch-lernen/telenovela/s-13121

[hpx3000]

Thanks for great info! However, it won't be easy to make her a german resident since there Is apparently a german language requirement nowadays. Plus she is fully employed in California and never visits longer than 2 weeks...appreciate your help Sir!

Would you necessarily need to "make her a german resident" though? She could come visit you, go to the Rathaus, and get the Anmeldebestatigung to show that she registered as a someone who has moved into the town, at your address, with you. This should get things moving until she is able to secure a Aufenthaltstitel later through a job... teaching English language to local kids, etc.

[cali2018]

As mentioned seems consular processing is your best bet. Using VWP to ?change your mind? coming from europe not a great idea. Plus you cant work for 60days on VWP, then wait 5 months so that is 7 months no wages.

As mentioned you can do a direct consulate filing but it does have certain rules/requirements. Btw if you google around there is a massive area on internet with germans doing CR1/IR1 process with all the information.

[UScitizenFilingforspouse]

Would you necessarily need to "make her a german resident" though? She could come visit you, go to the Rathaus, and get the Anmeldebestatigung to show that she registered as a someone who has moved into the town, at your address, with you. This should get things moving until she is able to secure a Aufenthaltstitel later through a job... teaching English language to local kids, etc.

That's exactly what I would do, and file directly with the USCIS international office.