Consular processing while in US
May 17th 2002, 11:20 am
#1
Guest
Posts: n/a
Consular processing while in US
Hi All,
A question: I have currently been living in the US for 7 months, on an H1B visa. Now
I want to file my I-140 for my greencard, based on EB-3 (first priority international
executive transfer).
My attorney recommends consular processing instead of adjustment of status because of
faster processing.
He says just to pretent on the forms that I'm still living in my old home country
(The Netherlands). I have an address there (my parents) but that is all I have left.
I live, work and pay my taxes in the US. For the Dutch government I'm not living in
The Netherlands anymore, they just have my mailing address there. I officially left
the country to avoid double taxation. So I cannot show any recent Dutch paperwork or
proof of living in Holland at my interview at the consulate.
Is this a problem?
It is confusing because to some US agencies I am a US resident (not to the INS...), I
am a Dutch citizen but not residing there. Sometimes you residing is where you
actually live, sometimes not....
I am just a bit worried because I do not want to lie, but when I am exactly lying?
Any input?
Thanks,
Dave
A question: I have currently been living in the US for 7 months, on an H1B visa. Now
I want to file my I-140 for my greencard, based on EB-3 (first priority international
executive transfer).
My attorney recommends consular processing instead of adjustment of status because of
faster processing.
He says just to pretent on the forms that I'm still living in my old home country
(The Netherlands). I have an address there (my parents) but that is all I have left.
I live, work and pay my taxes in the US. For the Dutch government I'm not living in
The Netherlands anymore, they just have my mailing address there. I officially left
the country to avoid double taxation. So I cannot show any recent Dutch paperwork or
proof of living in Holland at my interview at the consulate.
Is this a problem?
It is confusing because to some US agencies I am a US resident (not to the INS...), I
am a Dutch citizen but not residing there. Sometimes you residing is where you
actually live, sometimes not....
I am just a bit worried because I do not want to lie, but when I am exactly lying?
Any input?
Thanks,
Dave
May 17th 2002, 1:20 pm
#2
Guest
Posts: n/a
Re: Consular processing while in US
On Fri, 17 May 2002, Dave wrote:
> Hi All,
>
> A question: I have currently been living in the US for 7 months, on an H1B visa.
> Now I want to file my I-140 for my greencard, based on EB-3 (first priority
> international executive transfer).
>
> My attorney recommends consular processing instead of adjustment of status because
> of faster processing.
True.
>
> He says just to pretent on the forms that I'm still living in my old home country
> (The Netherlands).
Either your lawyer doesn't know too much about CP or he didn't explain it clearly.
You don't have to pretend anything. CP is perfectly possible and legal even if you
live in the US. For details, see http://imminfo.com/knowledgebase/immigrants/CP.htm
and http://imminfo.com/knowledgebase/FAM...eConsulate.htm, here especially the
section "9 FAM 42.61 N2 Aliens in United States Applying Abroad"
-Joe
> Hi All,
>
> A question: I have currently been living in the US for 7 months, on an H1B visa.
> Now I want to file my I-140 for my greencard, based on EB-3 (first priority
> international executive transfer).
>
> My attorney recommends consular processing instead of adjustment of status because
> of faster processing.
True.
>
> He says just to pretent on the forms that I'm still living in my old home country
> (The Netherlands).
Either your lawyer doesn't know too much about CP or he didn't explain it clearly.
You don't have to pretend anything. CP is perfectly possible and legal even if you
live in the US. For details, see http://imminfo.com/knowledgebase/immigrants/CP.htm
and http://imminfo.com/knowledgebase/FAM...eConsulate.htm, here especially the
section "9 FAM 42.61 N2 Aliens in United States Applying Abroad"
-Joe
