ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 7 of 7

Thread: Filing I-130 in Amsterdam

  1. #1
    Hey all,

    I had a question regarding the DCF process. My wife (US citizen), our daughter (US and Dutch citizen) and I (Dutch citizen) have been residing in the Netherlands for more than 2 years.

    We have plans to move back to the US in the very near future. I held a GC, but it expired because I resided outside the US for more than 2 years.

    If we use the DCF is it possible to file the I-130 in Amsterdam, await approval and then move to the US without being apart? (http://amsterdam.usconsulate.gov/i130_spouse.html)

    When will my wife have to comply with the affidavit of support and is this at all necessary?

    I guess it's just not clear to us if we can immigrate back to the US as a family or if we have to spend time apart during the process due to her having to meet certain income requirements.

    Her parents will easily meet the requirements, is it an option at all for them to be the sponsor?

    Also, if I want to visit the US before we move there, I would have to officially abandon my resident status at the Consulate in Amsterdam before travelling. Would that at all jeopardize our chances of succesfully filing an I-130 petition?

    Thanks in advance!

  2. #2
    Hey all,

    I had a question regarding the DCF process. My wife (US citizen), our daughter (US and Dutch citizen) and I (Dutch citizen) have been residing in the Netherlands for more than 2 years.

    We have plans to move back to the US in the very near future. I held a GC, but it expired because I resided outside the US for more than 2 years.

    If we use the DCF is it possible to file the I-130 in Amsterdam, await approval and then move to the US without being apart? (http://amsterdam.usconsulate.gov/i130_spouse.html)

    When will my wife have to comply with the affidavit of support and is this at all necessary?

    I guess it's just not clear to us if we can immigrate back to the US as a family or if we have to spend time apart during the process due to her having to meet certain income requirements.

    Her parents will easily meet the requirements, is it an option at all for them to be the sponsor?

    Also, if I want to visit the US before we move there, I would have to officially abandon my resident status at the Consulate in Amsterdam before travelling. Would that at all jeopardize our chances of succesfully filing an I-130 petition?

    Thanks in advance!

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by OfWolfAndMan:
    If we use the DCF is it possible to file the I-130 in Amsterdam, await approval and then move to the US without being apart? (http://amsterdam.usconsulate.gov/i130_spouse.html)

    When will my wife have to comply with the affidavit of support and is this at all necessary?! </div></BLOCKQUOTE> DCF means sending I-130 to the consulate instead of USCIS. So, yes, since it sounds like your wife is eligible to use DCF, you can stay together during the process and move together afterwards.

    Your wife is your primary sponsor and will have to supply Affidavit of support. Since she has no income in the USA (I assume), it would be a good idea to have in-laws as co-sponosrs.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by OfWolfAndMan:
    Also, if I want to visit the US before we move there, I would have to officially abandon my resident status at the Consulate in Amsterdam before travelling. Would that at all jeopardize our chances of succesfully filing an I-130 petition? </div></BLOCKQUOTE> You already lost your residency in USA, so if you get a paper about it from the consulate, you may face less questions when entering USA as tourist.

    No, abandoning PR status does not affect future petitions. It is a right thing to do if you don't live in the USA.

  4. #4
    Not sure if you have read this information on this site, but it gives easy steps on how it all works:

    http://www.usadutch.com/dcf/dcf_table.htm

    Also a good Dutch/USA forum to compare with others how it went for them.. http://usadutch.com/forum/viewforum.php?f=9

    All the best
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  5. #5
    She hasn't held a job here or in the US for more than 2 years and along with that hasn't filed our taxes since we've been here.

    She's in the US right now and she's going to file taxes there asap.

    Is the fact that she doesn't have a job and is only now filing our taxes a potential problem for the application?

    Her parents have their own business and are pretty wealthy. If my wife doesn't qualify, could they sponsor me completely or just be a joint sponsor?

    Thanks a lot for your time.

  6. #6
    Filing taxes for the time she was in Amsterdam should be no problem. My husband had to file 8 years worth when he went back to the US.

    Your in-laws would have to be co-sponsors. Your wife would still be required to be one.

    DCF will be much faster (usually) than going through the US. In most countries (almost all nowdays), you need to have residence for longer than 6 months and be able to prove it was legal (ie, residency, work permit or other long-term visa). If your wife has now moved back to the US, you may be ineligible unfortunately.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  7. #7
    No, it's temporary, she's still registered as a resident here.

Similar Threads

  1. filing I-130
    By eclipse in forum Immigration Discussion
    Replies: 2
    Last Post: 03-25-2008, 12:28 AM
  2. Filing I-130
    By moli in forum Immigration Discussion
    Replies: 13
    Last Post: 03-11-2008, 02:04 PM
  3. Filing I-130 help please
    By Jean Riccardo Rodney in forum Immigration Discussion
    Replies: 2
    Last Post: 10-04-2005, 12:56 PM
  4. Duplicate filing of I-130
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 01-31-2003, 01:53 PM
  5. Replies: 3
    Last Post: 08-01-2002, 01:24 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: