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American Girl/Dutch Boy need advice: K-1 versus marriage in US?

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American Girl/Dutch Boy need advice: K-1 versus marriage in US?

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Old Jul 29th 2002, 1:20 pm
  #1  
Kaasman
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Posts: n/a
Default American Girl/Dutch Boy need advice: K-1 versus marriage in US?

My Dutch boyfriend and I have been dating nearly two years. We are currently living
together as he is here on a valid tourist visa (10 year, multiple entry, etc). It had
always been our plan after 6 months for him to return to Holland and apply for the K1
visa. However, we've learned that INS in San Francisco is very backlogged and it has
been suggested to us that he would be better off applying for a green card in
Amsterdam.

Our question: is it better/faster/wiser for us to marry in the U.S., while he is here
now, and have him return to Holland and apply for a green card there, or get married
in Holland around Thanksgiving, and still apply for the green card there, or should
we proceed with the K1? We have heard very frightening stories about the long wait
for green cards out of the San Francisco INS office (which covers 49 of our 58
counties).

Any advice is greatly appreciated. Thanks.

Jennifer & Peter
 
Old Jul 29th 2002, 1:20 pm
  #2  
Matta Harri
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Posts: n/a
Default Re: American Girl/Dutch Boy need advice: K-1 versus marriage in US?

In article <[email protected] >, [email protected]
(kaasman) wrote:

    > My Dutch boyfriend and I have been dating nearly two years. We are currently living
    > together as he is here on a valid tourist visa (10 year, multiple entry, etc). It
    > had always been our plan after 6 months for him to return to Holland and apply for
    > the K1 visa. However, we've learned that INS in San Francisco is very backlogged
    > and it has been suggested to us that he would be better off applying for a green
    > card in Amsterdam.
    >
    > Our question: is it better/faster/wiser for us to marry in the U.S., while he is
    > here now, and have him return to Holland and apply for a green card there, or get
    > married in Holland around Thanksgiving, and still apply for the green card there,
    > or should we proceed with the K1? We have heard very frightening stories about the
    > long wait for green cards out of the San Francisco INS office (which covers 49 of
    > our 58 counties).
    >
See this site: http://www.usadutch.com

matta
 
Old Jul 29th 2002, 2:20 pm
  #3  
Kristin
Guest
 
Posts: n/a
Default Re: American Girl/Dutch Boy need advice: K-1 versus marriage in US?

Yep, do that.. Klaas and Eileen's website is a great resource. My husband is from the
Netherlands and we were married here in the US and he went back home. 7 months later
we applied for the I-130 at the Consulate in Amsterdam (January 7th, 2001), then
hubby got his visa on February 22nd, 2001. Moved here March 23, 2001. We just
celebrated 2yrs married last month. How time flies..

--
Kristin

"Matta Harri" <[email protected]> wrote in message
news:[email protected]...
    > In article <[email protected] >, [email protected]
    > (kaasman) wrote:
    >
    > > My Dutch boyfriend and I have been dating nearly two years. We are currently
    > > living together as he is here on a valid tourist visa (10 year, multiple
    > > entry, etc).

    > >
    > See this site: http://www.usadutch.com
    >
    > matta
 
Old Jul 29th 2002, 4:20 pm
  #4  
Eileen
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Posts: n/a
Default Re: American Girl/Dutch Boy need advice: K-1 versus marriage in US?

Jennifer, you will need to go to Amsterdam with him to file DCF(also called spousal
visa, also called immediate relative visa). It is your petition as an American
citizen to bring your immediate relative(you must be married first) to America to
live. You can marry in either country but if you marry in NL, plan on being there
longer because there is a 14 day waiting period (after obtraining the wedding
license--ondertrouw)before the ceremony can be performed. Here is my opinion on
better/faster/wiser: *if he has not overstayed any visas in America* if he has no
communicable diseases if he has no criminal/police record then it is an
uncomplicatead case and a DCF is perfect for you. After you file the first petition,
then he must remain in NL until it is completed which is running 45-46 calendar days
if your paperwork is spiffy. He arrives with full work and travel authorization and
can have a real life and not be always waiting on the INS with anxiety at each stage.
people design the timeline and locations to fit individual situations. read 'other
couples' on our website to get ideas of what might work best for you. If you have
little time to spend in NL, I would get married in America and have all the paperwork
ready and file the second day back in NL.(first day you probably can't get there by
8:30am). Then have a wonderful reunion/party/reception with all the Dutch relatives
and friends and travel for as long as you can stay in NL. That shortens the time
separated since you got the 46 day timeline started the second day you were there. If
you qualify for DCF...you will never regret it. good luck and veel geluk to the
cheese lover!

Eileen www.usadutch.com

There is another DutchAmerican couple in Portland, Or with the name Jennifer and
Peter so, you are the SF Jennifer and Peter!

"kaasman" <[email protected]> wrote in message
news:[email protected]...
    > My Dutch boyfriend and I have been dating nearly two years. We are currently living
    > together as he is here on a valid tourist visa (10 year, multiple entry, etc). It
    > had always been our plan after 6 months for him to return to Holland and apply for
    > the K1 visa. However, we've learned that INS in San Francisco is very backlogged
    > and it has been suggested to us that he would be better off applying for a green
    > card in Amsterdam.
    >
    > Our question: is it better/faster/wiser for us to marry in the U.S., while he is
    > here now, and have him return to Holland and apply for a green card there, or get
    > married in Holland around Thanksgiving, and still apply for the green card there,
    > or should we proceed with the K1? We have heard very frightening stories about the
    > long wait for green cards out of the San Francisco INS office (which covers 49 of
    > our 58 counties).
    >
    > Any advice is greatly appreciated. Thanks.
    >
    > Jennifer & Peter
 
Old Jul 30th 2002, 2:21 am
  #5  
Paul
Guest
 
Posts: n/a
Default Re: American Girl/Dutch Boy need advice: K-1 versus marriage in US?

Can't you just go to somewhere like LV and elope and do an AOS?

"Eileen" <[email protected]> wrote in message news:6Gn19.179610$Wt3.134924@rwcrnsc53...
    > Jennifer, you will need to go to Amsterdam with him to file DCF(also
called
    > spousal visa, also called immediate relative visa). It is your petition as an
    > American citizen to bring your immediate relative(you must be married first) to
    > America to live. You can marry in either country but if you marry in NL, plan
    > on being
there
    > longer because there is a 14 day waiting period (after obtraining the wedding
    > license--ondertrouw)before the ceremony can be performed. Here is my opinion on
    > better/faster/wiser: *if he has not overstayed any visas in America* if he has no
    > communicable diseases if he has no criminal/police record then it is an
    > uncomplicatead case and a DCF is perfect for you. After you file the first
    > petition, then he must remain in NL until it is completed which is running 45-46
    > calendar days if your paperwork is
spiffy.
    > He arrives with full work and travel authorization and can have a real
life
    > and not be always waiting on the INS with anxiety at each stage. people design the
    > timeline and locations to fit individual situations. read 'other couples' on our
    > website to get ideas of what might work best
for
    > you. If you have little time to spend in NL, I would get married in America and
    > have all the paperwork ready and file the second day back in NL.(first day you
    > probably can't get there by 8:30am). Then have a wonderful reunion/party/reception
    > with all the Dutch relatives and friends and
travel
    > for as long as you can stay in NL. That shortens the time separated since you got
    > the 46 day timeline started the second day you were there. If you qualify for
    > DCF...you will never regret it. good luck and veel geluk to the cheese lover!
    >
    > Eileen www.usadutch.com
    >
    > There is another DutchAmerican couple in Portland, Or with the name
Jennifer
    > and Peter so, you are the SF Jennifer and Peter!
    >
    > "kaasman" <[email protected]> wrote in message
    > news:[email protected]...
    > > My Dutch boyfriend and I have been dating nearly two years. We are currently
    > > living together as he is here on a valid tourist visa (10 year, multiple entry,
    > > etc). It had always been our plan after 6 months for him to return to Holland and
    > > apply for the K1 visa. However, we've learned that INS in San Francisco is very
    > > backlogged and it has been suggested to us that he would be better off applying
    > > for a green card in Amsterdam.
    > >
    > > Our question: is it better/faster/wiser for us to marry in the U.S., while he is
    > > here now, and have him return to Holland and apply for a green card there, or get
    > > married in Holland around Thanksgiving, and still apply for the green card there,
    > > or should we proceed with the K1? We have heard very frightening stories about
    > > the long wait for green cards out of the San Francisco INS office (which covers
    > > 49 of our 58 counties).
    > >
    > > Any advice is greatly appreciated. Thanks.
    > >
    > > Jennifer & Peter
 
Old Jul 30th 2002, 6:20 am
  #6  
Jennifer
Guest
 
Posts: n/a
Default Re: American Girl/Dutch Boy need advice: K-1 versus marriage in US?

"Eileen" <[email protected]> wrote in message news:<6Gn19.179610$Wt3.134924@rwcrnsc53>...
Eileen wrote:
    > There is another DutchAmerican couple in Portland, Or with the name Jennifer and
    > Peter so, you are the SF Jennifer and Peter!

Hey Eileen! I know...I read her email, and it was definitely Deja'vu (sp?)...You give
great advice! I sure wish we had been able to
DCF...but we're together now, and had it pretty easy with the K1. I can say that NOW.
: ) The timelines have gotten really atrocious!

Good luck to you - Jennifer & Peter...whichever route you decide to embark on!

Take care, Jennifer & Peter (US/NL in Portland, OR)

    >
    > "kaasman" <[email protected]> wrote in message
    > news:[email protected]...
    > > My Dutch boyfriend and I have been dating nearly two years. We are currently
    > > living together as he is here on a valid tourist visa (10 year, multiple entry,
    > > etc). It had always been our plan after 6 months for him to return to Holland and
    > > apply for the K1 visa. However, we've learned that INS in San Francisco is very
    > > backlogged and it has been suggested to us that he would be better off applying
    > > for a green card in Amsterdam.
    > >
    > > Our question: is it better/faster/wiser for us to marry in the U.S., while he is
    > > here now, and have him return to Holland and apply for a green card there, or get
    > > married in Holland around Thanksgiving, and still apply for the green card there,
    > > or should we proceed with the K1? We have heard very frightening stories about
    > > the long wait for green cards out of the San Francisco INS office (which covers
    > > 49 of our 58 counties).
    > >
    > > Any advice is greatly appreciated. Thanks.
    > >
    > > Jennifer & Peter
 
Old Jul 30th 2002, 6:20 am
  #7  
L D Jones
Guest
 
Posts: n/a
Default Re: American Girl/Dutch Boy need advice: K-1 versus marriage in US?

Paul wrote:
    >
    > Can't you just go to somewhere like LV and elope and do an AOS?

Yes, but if they are eligible and do DCF in the Netherlands the spouse will receive a
greencard much faster than if they filed in the US. No messing about with EAD either.
 
Old Jul 30th 2002, 6:20 pm
  #8  
Kaasman
Guest
 
Posts: n/a
Default Re: American Girl/Dutch Boy need advice: K-1 versus marriage in US?

All this information has been very helpful and we appreciate your responses. We still
have a few questions. What exactly is a DCF? And I-130 visa? Here is a little more
about our situation if this helps any: Peter is going home anyway at the end of
October because he has to sell his house. So here is hypothetical #1: we marry here
before he goes home, I fly out the week of Thanksgiving (very little holiday time
working in America), so having just that week in Holland, will I be able to just
swing by the embassy to fill out the paperwork, and then return, leaving Peter behind
to wait for his documents? And what exactly will Peter get? I understand it's not a
full blown green card but your responses make it sound like he will arrive in America
ready to work and travel the next day.

Now if we go with the K1, am I correct in understanding that he will then have to
spend time at INS, applying for SSN's, work visas, etc? And if so, how fast can he
get those once we're married?

I will check out the referenced website too. Our internet at home is abysmally slow.
Thanks again for all your help.

SF Jen en Peter (Petrus)
 
Old Jul 31st 2002, 4:20 am
  #9  
L D Jones
Guest
 
Posts: n/a
Default Re: American Girl/Dutch Boy need advice: K-1 versus marriage in US?

kaasman wrote:
    >
    > All this information has been very helpful and we appreciate your responses. We
    > still have a few questions. What exactly is a DCF? And

DCF is a non-official acronym (the INS does not use it) that stands for "Direct
Consular Filing." It refers to the ability of a US citizen who is resident in a
foreign country to file a spousal visa application (on form I-130 and associated
documents) directly at the US consulate in the country. This results in a much faster
approval than if the same documents are filed from within the US.

Not all consulates allow DCF (it is up to each one to decide for themselves and they
can stop doing so at any time). Some countries place no residence requirement on the
US citizen (this is relatively rare) but all, to my knowledge, require that the
foreign spouse be a citizen of the country. However, even this may not be true in all
cases. Check with the consulate to determine their filing requirements. Usually these
are documented on the US embassy web page in the country, for example,
www.usembassy.org.uk

Read the experiences of others at:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
 
Old Jul 31st 2002, 5:20 am
  #10  
Eileen
Guest
 
Posts: n/a
Default Re: American Girl/Dutch Boy need advice: K-1 versus marriage in US?

while you are reading up on things ....here are a few answers to your questions:

". What exactly is a DCF? it is the process where an American citizen can file a
petition(backed up by evidence) with the American Consulate of your foreign spouses
country (Netherlands) Direct Consular Filed (petition Filed Directly in Amsterdam at
the American Consulate) The Netherlands offers a special privilege in that the
American citizen does not need to establish residence before filing. The American
citizen needs to be in the Netherlands only long enough to get yer butt to the
Consulate and file the proper papers and the proper evidence(filled out, gathered,
checked and rechecked before you ring the bell at the Consulate gate)

    > I-130
that is the name of the document you must file to get your husband a visa to stay
legally in America Immigration -130

Here is a little more about our situation if this helps
    > any:
Jennifer.....******HAS HE OVERSTAYED ANY VISAS?****** He seems to be here in America
with you a long time.

Peter is going home anyway at the end of October because he has
    > to sell his house. So here is hypothetical #1: we marry here before he goes home, I
    > fly out the week of Thanksgiving (very little holiday time working in America), so
    > having just that week in Holland, will I be able to just swing by the embassy to
    > fill out the paperwork, and then return, leaving Peter behind to wait for his
    > documents? And what exactly will Peter get? I understand it's not a full blown
    > green card but your responses make it sound like he will arrive in America ready to
    > work and travel the next day.

looking at your situation, this is what I would do 1-get married in America 2-have
all the papers and evidence properly collected and 3-file DCF in Amsterdam when you
visit him in November. 4-Don't forget to have a wonderful Dutch wedding reception
while there (but FILE first). 5-you return to SF 6-Peter remains in NL and waits for
the letter assigning him the dates of the medical/final interview 7-Peter attends the
medical 8-About a week later he attends the final interview where he receives the
mysterious brown envelope-MBE- containing all the documents you properly filed,
medical info, police report the Consulate obtained on him. 9-He enters America with
the MBE and goes through immigration at the POE-port of entry-( the airport he lands
at in America.) 10-Immigration stamps his gorgeous Dutch passport with the I-551
stamp and the A-number(alien #) I-551 is the paper evidence that substitutes for the
green card until immigration has a chance to send it to him. It takes awhile and they
screw up often. My Dutch husband's green card took 11 months and then was spelled
wrong. The I-551 stamp in his passport 'covers' all these mistakes in advance. When
Klaas went to immigration to get the spelling corrected on his greencard.....they
said they would not even bother because he would not get a corrected one before he
filed to remove conditions. They just gave him ANOTHER I-551 stamp with a one year
extension. What does the I-551 or green card get Peter? It means that he is a
permanent resident (with conditions for two years) with full authorization to work
and travel. 21 months after that stamp, he can file to have the conditions removed
and become a(nonconditional) permanent resident receiving a 10 year renewable green
card. At that time (removing the conditions), you show evidence that you have a valid
marriage. Believe it or not.......this is the *easy* method and the red carpet
treatment for your Dutchie.
    >
    > Now if we go with the K1, am I correct in understanding that he will then have to
    > spend time at INS, applying for SSN's, work visas, etc?
his SSN is separate from immigration(sort of) and he must apply at your nearest
Social Security Office. I say *sort of* because lately, almost every social
security office will wait for INS verification of his legal immigration status
before issuing a SSN

    > And if so, how fast can he get those once we're married?
only God knowsTEST-it is different in different areas of the country and also
varries at random
    >

    > I will check out the referenced website too. Our internet at home is abysmally
    > slow. Thanks again for all your help.
    >
Jen, you are welcome to email us through our website if you have anymore specific
Dutch questions Eileen www.usadutch.com
 

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