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  #21  
Old 25.02.2012, 23:33
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Re: Family Emergency - Need to leave, but have debt

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Oh, my, you're in for a big shocker. I assumed reading this that she had a green card already. Don't be putting in your notices yet as, depending on how busy the US consulate is in Bern, and how you intend on entering the US together, you might be in for a wait. You'll have to sponsor her (and, come to think of it, if you haven't registered your child's birth in the US, now would be a good time for that as well). Google for the USCIS web page where it has all the forms you'll need and instructions. I hope you've been married for at least a year, though the child is a near-guarantee that you might be spared a lot of grief. It was a tedious process as I recall (did this about 8 years ago for my OH), but it's not easily rushed. Get hopping.

(And the best tip I can give you is definitely apply for it in Bern as the waiting time in the US is much, much longer. Ours was a simple one and it took about...1-2 months whereas in the US I've heard of folks waiting nearly a year).

Bern doesnt do it any more.... since you guessed it , this year. you have to go to the USA. and yes once in the states you cant leave and vice versa. (or so I am told by my immigration lawyer
btw if you make a mistake on your GC application your waiting time starts over.....and you can wait another year.


we are paying for a lawyer right now cause damn it is a lot of info and details.

But you really need to start your research cause your timelime is WAY off
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  #22  
Old 25.02.2012, 23:37
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Re: Family Emergency - Need to leave, but have debt

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Noted. We're registering for my son's birth next week and also applying for his passport. But no, my wife does not have a green card yet. I am planning on going back April 1st, and she will actually fly out to Berlin and stay with her family until July 1st. We then planned on just having her come over and start the papers when she gets there - is that not a good idea?

would work but then you have to apply for a different visa which then needs to be changed etc etc and the paperwork (and money) justr keep on coming.

My buddy just did it this way last august (got married there) and is still waiting for the GC .....luckily he has his employer form CH with an office there so he can continue to work
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  #23  
Old 26.02.2012, 00:45
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Re: Family Emergency - Need to leave, but have debt

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would work but then you have to apply for a different visa which then needs to be changed etc etc and the paperwork (and money) justr keep on coming.

My buddy just did it this way last august (got married there) and is still waiting for the GC .....luckily he has his employer form CH with an office there so he can continue to work

Well, it certainly sounds like there's a lot more to be done than I expected. A friend of mine back in the US went through this situation before with his wife (she's mexican) and it didn't take nearly as long and was not half as difficult or expensive - but then again, that was nearly 10 years ago.

I'm beginning to think we've made a hasty decision, but unfortunately...it has to be done this way. I just assumed that because I'm American, my wife and I have been married for 4 years, have a son together now, and she'll be a stay at home mom back in America, it wouldn't be an issue...but I guess I was wrong.
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  #24  
Old 26.02.2012, 01:11
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Re: Family Emergency - Need to leave, but have debt

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Well, it certainly sounds like there's a lot more to be done than I expected. A friend of mine back in the US went through this situation before with his wife (she's mexican) and it didn't take nearly as long and was not half as difficult or expensive - but then again, that was nearly 10 years ago.

I'm beginning to think we've made a hasty decision, but unfortunately...it has to be done this way. I just assumed that because I'm American, my wife and I have been married for 4 years, have a son together now, and she'll be a stay at home mom back in America, it wouldn't be an issue...but I guess I was wrong.
it will certainly help to avoid complications with the GC but it is still a timely process. They have been changing it so much in the last few years....
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  #25  
Old 26.02.2012, 03:12
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Re: Family Emergency - Need to leave, but have debt

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Oh, my, you're in for a big shocker. I assumed reading this that she had a green card already. Don't be putting in your notices yet as, depending on how busy the US consulate is in Bern, and how you intend on entering the US together, you might be in for a wait. You'll have to sponsor her (and, come to think of it, if you haven't registered your child's birth in the US, now would be a good time for that as well). Google for the USCIS web page where it has all the forms you'll need and instructions. I hope you've been married for at least a year, though the child is a near-guarantee that you might be spared a lot of grief. It was a tedious process as I recall (did this about 8 years ago for my OH), but it's not easily rushed. Get hopping.

(And the best tip I can give you is definitely apply for it in Bern as the waiting time in the US is much, much longer. Ours was a simple one and it took about...1-2 months whereas in the US I've heard of folks waiting nearly a year).
I just found this on the USCIS website, which appears to be good news in regards to my wife and child coming over and getting a Visa - at least until she applies for a green card. It looks as though "immediate" family members (spouse, children) do not have to wait in line for a Visa, which means she should be able to come over without any issue and begin the process once she's there.

Immediate Relatives

The term “immediate relative(s)” is used to define certain immigrant relatives of U.S. citizens. Immediate relatives include:
  • Spouses of U.S. citizens
  • Children (unmarried and under 21) of U.S. citizens
  • Parents of U.S. citizens (The petitioning citizen must be 21 or older.)
For immediate relatives of U.S. citizens, visas are always available, which means that your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130. For more information on how your relative can apply to adjust status (i.e. get a green card) while he or she is in the United States, see the "How Do I Help My Relative Become a Permanent Resident?" guide.

The above was taken from the following url: http://www.uscis.gov/portal/site/usc...00082ca60aRCRD
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  #26  
Old 26.02.2012, 05:27
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Re: Family Emergency - Need to leave, but have debt

which is the one that takes 6 months to a year.

If you are waiting in line you can wait up to 5 years.....sorry to burst your bubble.....

We were hesitant of getting a lawyer at first because of cost but after a month of researching and knowing the risks of mistakes we decided to cough up the 3 k (including all cost for the visa, fees, and lawyer cost)
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  #27  
Old 26.02.2012, 08:48
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Re: Family Emergency - Need to leave, but have debt

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Bern doesnt do it any more.... since you guessed it , this year. you have to go to the USA. and yes once in the states you cant leave and vice versa. (or so I am told by my immigration lawyer
btw if you make a mistake on your GC application your waiting time starts over.....and you can wait another year.
Did they remove it from all consular outposts or just the smaller ones? That would figure....

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we are paying for a lawyer right now cause damn it is a lot of info and details.

But you really need to start your research cause your timelime is WAY off
Yes on both counts. Have you had the TB x-ray and the doctor's exam yet?

I've also known folks who got the 'interview' which was rather, arm, personal in marital details. Thankfully, the Nordics were too remote to be bothered with such boring questions.

And for the OP, sure, your wife has the right to enter the US for 90 days under a tourist visa as a member of an EU country BUT, you really should talk to someone either in the consulate or in the CIS since they know the current rules and the best way to enter the country without setting back the process for the green card. If living in CH has taught you nothing, know that bureaucrats live and breathe by the process.

And if you're going to let her travel alone with the baby, you should leave her with a few copies of your passport as well as make sure she has a copy of the baby's birth certificate and your marriage certificate. Those would come in handy should she get questioned.

Also, if you are married and de-registering....I've heard of cases where the border guards refuse to let you pass before you've settled all your taxes. Seriously. We're 'pre-paying' our taxes and getting a letter from the tax office just in case and we haven't any debts. I know you're in a hurry but, it might be less painful later down the road if you get out as cleanly as you can first.

Switzerland is a lot like the Hotel California, you can check out any time you like, but you can never leave (without 3 months notice in full and filed in triplicate with the appropriate offices and notarized).
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