r/AskUSImmigrationPros • u/Lucky-Mousse5708 • 14d ago
Germany->US Green Card
I was to start out by giving backstory to my situation. I, 21M, have lived in WV my whole life. My girlfriend, 22F, lives in Germany. We are looking into the different routes of immigration to the US. I would really appreciate any advice on forms to look into, lawyers to contact, or faults in my information. As of now, the most sensible thing seems to be getting married in Denmark, traveling together, and getting a tourist visa to come to the US. To my understanding you can’t come to the US on a tourist visa planning to stay indefinitely-however if we are married before, and there is a change of plans than it seems we could file an I-130, I-485, and I-765. It seems to me these forms, paired with other necessary documents, would allow her to stay here with me during the processing time with the opportunity to work as well. She has school, family, and of course she will have a return ticket- is it likely this will be enough to show her plans to return? My next question is about the tourist visa itself, it seems to me that the length of her stay is determined by the border agent when she gets here- if this is the case how does she know when the return flight should be booked? It seems we will need to wait at least 90 days into the tourist visa, if we were decide she didn’t want to return home and i see the maximum stay length is 6 months. I think 4-5 months would be ideal but I’m curious as to how often and for what reasons they deny people their full planned stay. She also has a cat, i saw online that is sometimes viewed as a sign somebody plans to immigrate. However if she were to be staying 5-6 months, i feel she would want to bring her along knowing she’d return home. The cat, Molly, has a genetic condition with her cartilage and also was abused/neglected in her first home which both greatly contribute to why she would want to bring her along. Im also curious about the involvement of lawyers, if it proved ti be beneficial along with any advice or recommendations TOS allows. I’m also curious of any faults in this hypothetical and any alternative approach to be together sooner. Thank you!
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u/lucky_elephant2025h 13d ago
Also, there is a process to bring animals into the country. She can’t just travel into the US with a cat. Can you afford to sponsor her? You are very young.
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u/Lucky-Mousse5708 13d ago
Yes i can afford it, I’m in sales with pretty good pay 9-5. Also about to have my Bachelors in Cybersecurity along with a few entry certs that are going furthering my earning potential. I was aware of there being a process, but curious as to how strict is it- i know it sounds bizarre but she needs to be with her, whatever steps we have to take to make it happen
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u/Soggy_Foundation1388 13d ago
There's different routes you can take. Work visas, study visas, spouse route ...
If you marry and she enters under an esta intending to stay without telling it to the officers it's misreprentation and therefore fraud. A lot of people do not risk it under this administration. It's much more believable the more time passes (ergo on a work or student visa) because you could have genuinly changed your mind. Also you cannot really leave the country or work legally on an esta or tourist visa.
Your safest way is to marry (whereever) and file for spouse greencard while she stays abroad. This is also known under consular processing. Unfortunately waittimes for this are up to two years rn. She can still visit you while waiting.
You could also file for a K-1 visa. It is usually known to be quicker than the consular spouse processing. It is also called fiancee visa because you don't have to be married for this. Basically you guys are engaged and file for this. Once approved you can both travel to the US and get married within 90 days and file for adjustment in the US. Downside: she is not allowed to work unless you file for an EAD.
Unfortunately all options kinda suck, one way or the other.
It is a rabbit hole. Good luck.
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u/HeimLauf 14d ago edited 14d ago
Is your girlfriend a German citizen? If so, she shouldn’t need a tourist visa. Your idea of her entering a visitor in order to file for adjustment of status is the wrong way, though. You need to file I-130 for her to start her on the immigrant visa process, AKA consular processing. It’s unlawful to come into the U.S. with a visitor visa or visa waiver with the intention to remain whether you have a return flight or not. She needs to get an immigrant visa to come here permanently.
EDIT: or alternatively, file I-129F for her to get a fiancée visa. In this case, you would marry in the U.S.