Visa and More

Today, we will continue our Frequently Asked Questions section with typical questions we receive via our website. Every individual situation is different and needs special consulting, so these answers are only exemplary in character. They are not a substitute for individual consulting. If you need fast and individual information, our service team is there for you on the phones from Tuesday to Friday between 11am and 7pm. Find the phone number on our homepage and get our experts' advice on everything visa as quickly and as conveniently as possible.

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QUESTION: I am a Russian citizen, but I am living and working in Germany with an unlimited residence permit. I want to go on a round trip through the US for several weeks together with my husband. What kind of visa do I need?

ANSWER: You need the so-called B-2 Visa. In Germany, it is issued as a B1/B2 Visa. For the application you should, depending on your local US consulate (especially Frankfurt) schedule an interview appointment with the US embassy at least five or six weeks prior to departure, even earlier during the main travel seasons in summer and winter. Apart from the usual application forms you have to provide extensive documentation about your employment ties and your intention to return. Family ties are usually irrelevant. The documentation should include your lease agreement and employment contract as well as your income and your general financial situation.

QUESTION: I recently got married to a US citizen and would like to know whether I can apply for the green card while I am in the US. I will go there without a visa under the Visa Waiver Program. What application forms do I need to submit and can I obtain a work permit while my application is being processed? Do I have to return to Germany for that?

ANSWER: According to US law you may apply for a change of status under the Visa Waiver Program if you are married to a US citizen, usually this is only possible if you pay a significant surcharge. Nevertheless, this is not the best way to do it. Many married foreigners who intend to immigrate are turned away at the border or have to undergo unpleasant interrogation procedures. In any case, your husband has to file the I-130 petition with additional documentation for you. If you have only been married for a short time, you should include further documentation on your relationship as partners so far. As an alternative, you may consider the K-3 Visa with the I-129 F application that you can submit after the I-130 petition. With that, you may even obtain a work permit (EAD) later. For the K-3 you need to schedule an interview abroad. Make sure that the K-3 is not an immigrant visa (that's only possible with an adjustment of status), so you don't need an Advance Parole every time you re-enter the US.

QUESTION: I will go to the US in July with my fiancé (US citizen) and would like to stay there. I will enter the US with my German passport and get married within the 90 day period. Do I need a visa anyway?

ANSWER: Yes, you need a so-called K-1 (fiancé) visa prior to departure. However, this cannot be issued in so short a time. So you should either change your travel plans or act according to your above example. However, even then there may be significant problems with admission into the US. If you are turned away at the US border, you might have even more significant problems if you return to the US later. The reason is that the US don't like to admit foreigners into the US without an appropriate status before the actual application process is finished.

QUESTION: After having looked into this, we would like to open a restaurant in the US, in Florida to be exact. We are planning to employ several US citizens. Do we have a chance of realizing this?

ANSWER: Yes, with this plan you can qualify for the E-2 Treaty Investor status. The advantage is that after the initial period of two years, the status can be extended in two-year increments for as long as your restaurant/company exists. That way you can avoid a complicated and often expensive application process like that for the L-Visa (which, at present, is often being denied to small companies). You should also include extensive documentation about your plans such as financial records, a business plan, bank statements and an overview of your professional qualifications (preferably in the same occupational field). You should also add an explanatory statement, and in order to speed up processing this should be written according to the E-2 Visa regulations of the US consulate.