Wie heirate ich meinen Amerikaner ??? Was ist zu tun ???
Marriage in the US or Germany - Visa for Spouses/Fiance(e)s
Basically, there are 4 different options how to marry a US Citizen and to apply for the matching Visa under the given circumstanes. The quickest and easiest option is open to those who live together with their US Citizen in Germany at the point of time of filing. They can do " Direct Consular Filing " at the Frankfurt Consulate. Do not miss that option if possible for you! I will not go into the details of all documentation or certificates needed for the applications because that can be read within the instructions of the form applications and depends on your personal circumstances, i.e. whether you were married before or not, whether you have served for the military or not etc....
Apart from Direct Consular Filing, a Greencard is never issued straight away and will be sent to a US address. This usually happens no earlier than 1-3 years after your first entry to the US as a spouse or fiance of a US Citizen.
For Marriage in Germany you need to contact your local Standesamt. They will tell you which documents will be needed, forward your papers to the Oberlandesgericht responsible for you area and they will send the papers back to the Standesamt where you can set up a date for marriage. The process usually takes between 1-3 months.
Marrying a US Citizen who lives/works/is stationed in Germany (Visa/Greencard after 2-4 Months): [Note: As soon as you are married, your US spouse is able to register at the Einwohnermeldeamt and get a Arbeitserlaubnis at the Ausländerbehörde if he/she isn't living and working in the States at that point of time!]
- US Citizen files the petition for his/her german spouse (I-130) at the US Consulate together with the biographic information (G-325A). Always make sure you read the instruction pages thoroughly, it always contains all information on requested documentation, too! This application is not only for a Visa but also for the Greencard at the same time. If married less than 2 years you'll be issued a temporary GC for 2 years, if married more than 2 years, you'll be issued the "normal" GC for 10 years.
The Consulate will send you Package 3 that initiates the final processing of the Visa application after about 4-8 weeks. At that point of time you should make sure you have a Sponsorship form (I-864) ready to present for your interview.
The Interview to which both the USC and his/her spouse will be invited takes place about 8-12 weeks after filing the first papers.
In most cases you will be issued the Visa shortly after the Interview at the Consulate (by German certified mail), the Greencard will be sent to your US address.
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Marrying a US Citizen who lives in the USA in Germany (K3-Visa) (Visa after 5-10 Months):
US Citizen files the petition for his/her german spouse (I-130) at the USCIS Service Center together with the biographic information (G-325A).Always make sure you read the instruction pages thoroughly, it always contains all information on requested documentation, too! In the instruction pages you find which Service Center works on your case. I.e. for Georgia, the Service Center is the Texas Service Center.
The Service Center will send you a Notice of Action (NOA), the reciept I-797, which you need to attach to your I-129F application.
US Citizens files the petition 129F to the (i.e. Chicago) Service Center.
After Approval of the 129F, the Service Center forwards the paperwork to the National Visa Center who forwards the paperwork to the German Consulate.
The Consulate will send you Package 3 that initiates the final processing of the Visa application. At that point of time you should make sure you will have a Sponsorship form (I-134) and Police Record ready to present for your interview.
You'll be invited to the Consulate for an Interview, the Visas are usually issued about 1-3 weeks after the Interview (sent by German certified mail).
You will receive your Visas and will be able to travel to the USA and back to Germany or other countries straight away.
For adjustment of Status you need to file form I-485 at your local USCIS Office. Always make sure you read the instruction pages thoroughly! In the instruction pages you find which local USCIS Office works on your case. I.e. for Atlanta, GA the USCIS Office is in Atlanta.
For employment authorization you need to file form I-765. Read the instruction pages on where to file.
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Marrying a US Citizen who lives in the USA in the USA (K1-Visa)(Visa after 5-10 Months):
US Citizen files the petition for his/her german fiance(e) (I-129F) at the USCIS Service Center. Always make sure you read the instruction pages thoroughly! In the instruction pages you find which Service Center works on your case.
The Service Center will send you a Notice of Action (NOA)
After Approval of the 129F, the Service Center forwards the paperwork to the National Visa Center who forwards the paperwork to the German Consulate.
The Consulate will send you Package 3 that initiates the final processing of the Visa application. At that point of time you should make sure you will have a Sponsorship form (I-134) and Police Record ready to present for your interview.
You'll be invited to the Consulate for an Interview, the Visas are usually issued about 1-3 weeks after the Interview (sent by German certified mail).
You will receive your Visa for a one time trip to the USA to marry your fiancé/e within 90 days and will not be able to travel to the USA and back to Germany or other countries straight away afterwards. You need to apply for Advanced Parole (usually it takes about 60-90 days to work on that application) which doesn't guarantee you re-entry to the United States but is the legal document needed that in most cases will not cause any trouble travelling back and forth.
You will need to marry your US fiance(e) within 90 days after arrival in the USA. You'll get a temporary work permission upon arrival.
For adjustment of Status you need to file I-485 at your local USCIS Office. Always make sure you read the instruction pages thoroughly! In the instruction pages you find which local USCIS Office works on your case. I.e. for Atlanta, GA the USCIS Office is in Atlanta.
For work permission you need to file form I-765. Read the instruction pages on where to file.
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Marrying a US Citizen who lives in the USA in the USA in the "spur of the moment" (Visa Waiver/Adjusting Status after Marriage)
You wake up one day during your Visa Waiver vacation to the USA and find that you should marry the man/woman next to you. You have never planned to do so, you have evidence if you would be asked at the port of entry that you don't intend to enter the US to marry. (Appropriate evidence is: Flight ticket back, Evidence that you got a job in Germany, Evidence that you got a house/apartment/property in Germany, Evidence that you have a bank account in Germany, ALL kinds of Evidence that underline the spontaneous idea. If you do not have sufficient evidence it could happen that the future applicant is barred from travelling and residing in the US for 3-10 years and get deported immediately as well as of course not being issued a Visa!
You marry your US fiance(e).
You file form I-130 and I-485 at your local USCIS Office. Always make sure you read the instruction pages thoroughly! In the instruction pages you find which Service Center and local USCIS Office works on your case. I.e. for Atlanta, GA the USCIS Office is in Atlanta.
For work permission file form I-765. Read the instruction pages on where to file.
As initially said, the quickest possible solution for a couple or a family to be united in the USA is the DCF (Direct Consular Filing). There is no other option comparably as smooth and easy. Whether you decide to go for a K1- or K3-Visa might rather be a personal question with personal consideration of plans under given circumstances. None of them is usually that much quicker than the other. Most of the times it depends on the Service Centers and their processing times. The one thing I highly appreciate is that with a K3-Visa you will be able to travel back and forth from/to the US without having to apply for yet another document, the Advance Parole. Last not least there cannot be an advice on the spontaneous marriage, for how could it be spontaneous if considered before...?!
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This page contains only basic information.All Processing Times are based on average experiences ! I cannot take any guarantees for the given information which is however to my best knowledge and consiousness and can be found, read and studied in all detail on the USCIS pages.
All mentioned forms and information is provided with Direct Links to fillable forms and USCIS Webpages on this webpage (Click on this Link).
It's different here, but you get used to it. ;-)