Visa & More: Frequently Asked Questions

In the following, our experts will today answer questions concerning family-based immigration, especially about obtaining a green card by marriage to a US citizen. These are some of the typical question we are asked via internet every day. In addition, we will explain some of the terms you will often come across applying for permanent residence and that will help you to better understand the process.

In case you need quick and individual information, you can call our service team hotline Tuesday to Friday between 10am and 6pm, the quickest and most convenient way to have our experts answer all your visa questions. Please not that our phone number has changed due to legal requirements.

You may also ask all your questions online at any time.

For all questions about the green card lottery, just call our service team; check our homepage for details.

YOUR QUESTION: Our daughter has a visa and is already in the US to attend high school there. Her school term ends May 22, 2008. Her host family in Wyoming asked her to stay a little longer, until June 21, because they want to show her a few sights. Is it possible for her to stay until June 21 without problems.

OUR ANSWER: That should be possible, provided the grace period on her J-1 visa exceeds that date on the I-94 or is noted on form DS-2019. In case the expiration date is shortly after May 22, she will have to have left the country by that date.

YOUR QUESTION: I am living and working in the US under the E-1 Spouse Status. How long am I allowed to stay here and keep working, if my husband returns to Germany ahead of schedule? How much do I depend on his status?

OUR ANSWER: Unfortunately, you are dependent on his status. If your husband's status expires, yours will expire as well and you will have to leave the country. Unless you apply for, or have a new employer petition for another type of work visa for you (e.g. H-1B or H-2B). A change of status, however, is not possible at any time, but depends on the number of work visas available and the appropriate application deadlines.

YOUR QUESTION: In October 2008 I will again go to the US on business. My E-2 visa expires January 6, 2009. My passport's validity expires October 10, 2013. Are there any regulations detailing how long a visa still has to be valid upon entering the country? And I'd also like to know the same thing about my passport.

OUR ANSWER: Your visa's validity is not the most important thing. The officer may grant you a two-year stay even beyond the validity of your visa (and that is the way it is usually done). Important is just to have a new valid E-2 visa upon leaving and re-entering the country. Your passport should always be valid for at least six months upon entering the country.

YOUR QUESTION: I got married in the US in November of 2006. My husband has been living in California for eight years with an asylum status. In the summer of 2006 I applied for a visa, because I would like to go to school in the US and it is the only chance for me to be with my husband. Despite my difficult personal situation and the fact that the course I'm interested in (fashion merchandising) isn't being offered in Germany, my visa was denied. As a reason they stated that I wanted to become a permanent resident of the US. What can I do now? Would it make sense to submit a new visa application - maybe to a different US consulate?

OUR ANSWER: The consular officers will have to reject any of your applications for a visitor visa in the future, since apparently you're being suspected of having the intent to immigrate. The same might apply to other visas, e.g. certain kinds of work-place related visas or an internship, because you have already been denied a visa due to the reason mentioned above. An application to another consulate is, on principle, not possible. That is what the US authorities like to call "consular shopping." Unfortunately, your husband cannot act as a sponsor for a green card for you, as long as his status in the US hasn't been fixed, since at the moment he is only tolerated there. If he gets a green card, you situation will change - however, you will have to face waiting times of no less than five years for your own green card application. Right now, we unfortunately can't really raise your hopes of obtaining an alternate visa. Please note that you may already be banned from visa-free travel (90-days stay).