Rete

Others have answered you in part and in whole. To clarify matters, consular filing is commonly called Direct Consular Filing by the layman. It is not a consular term. You can do so in Belgium even if you are not a legal resident there. Go to:

http://www.kamya.com/interview/intro.html

To read how it is performed in Belgium.

You will need your three years of tax returns for the I-864 affidavit of support. If you can't do so, someone else can be the co-sponsor and complete this form for your wife. But they must be a resident of the US (such as her parents who are green card holders) or a US Citizen. They need not be a relation.

Processing of the DCF should take 2 to 4 months at most and you will need to be there at the beginning to file the paperwork with the US Consulate.

Rete

ironporer

My wife (then fiancee was in almost the exact same situation- denied entry after 6 visits to the US, for "abuse of the VWP", by essentially living here under VWP. Their computer system tracks all entries/exits.

DCF is your best bet- if Belgium still llows non-resident Americans to file. Basically you file the I-130 and other required documents at the Embassy there, after they process it your wife returns for a final interview and is granted a visa if all is in order. Upon arriving to the US, she also gets a GC in short order- a big advantage (no AOS/EAD/advance parole...).

A quick search on the web shows that Belgium sill allows this type of filing- but MAKE SURE by calling them- also find out what documents are needed (I-130, G-325...). Fly over with all the documents, file and hopefully you'll have a visa in under 2 months. In Spain, a year ago, our DCF took about 8 weeks.

Good Luck!

M.A.

Thanks everyone. We are going ahead with I-130 processing in Europe. They
accept DCF and we will call tomorrow to find out what the latest processing
time is for it.

Does anyone know how long it would take?

Again, thanks for everyone's help. You have been a great comfort and source
of knowledge.

"M.A." <[email protected]> wrote in message
news:[email protected]...
    > Gentlemen/Ladies:
    > I have a situation that requires some urgency. I was misinformed about the
    > process of applying for a green card for my wife. We got married 1 year
ago.
    > She is a citizen of Belgium and I'm a US citizen. I live in Washington,
DC.
    > Once we got married in Europe, we came back to the US and saw an attorney
    > who was to help us with the process of getting a green card for her. One
of
    > the things he asked for was the tax returns of the 3 previous years.
Because
    > I have not paid taxes for the last 3 years (an issue that is now being
    > resolved with the IRS), I figured that we would not be able to apply for
the
    > green card. I didn't have the returns because I never filed them.
    > My wife has been coming in under the visa waiver program and has been
    > leaving promptly every 3 months and then coming back in within a couple of
    > weeks. It has not been a problem until yesterday when she was refused
entry
    > in Dulles and put on a plane back to Europe. She was told that she needed
to
    > apply for a regular visa at the Embassy and come back in; she couldn't
come
    > in under the visa waiver program again.
    > She is now alone at her parents' house (they have moved here) and waiting
    > for a solution or course of action.
    > I have the following questions:
    > - Do you think that it is a simple matter of applying for another visitor
    > visa at the Embassy to return so we can go ahead with the I-485?
    > - What are the chances that she will be refused the visa?
    > - If that is not a good route, is it quickest to file I-129F and bring her
    > in as a fiancé and then do the adjustment once she is here?
    > - If so, how long would it take for the whole process for Belgium?
    > - If not, what do you suggest is the best course to get her back here and
    > home with me?
    > - About the adjustment of status, does it matter what my standing is with
    > the IRS or is the tax return simply used to provide proof of income? How
    > does the return effect the application?
    > I would wholeheartedly appreciate any advice or pointers on this. I
    > shouldn't have let this drag on and now my wife and I have to be apart.
    > Please help.
    > Thanks.

Rete

According to the website URL I gave you previously, http://www.kamya.com/interview/intro.html
the timeline appears to be 4 weeks.

Rete

M.A.

Well... you are right. I was looking for an update on what it has recently
taken from someone who has done this in Europe. I'm sure someone has gone
through this recently. Thanks.


"Rete" <member167@british_expats.com> wrote in message
news:[email protected]...
    > According to the website URL I gave you previously,
    > http://www.kamya.com/interview/intro.html
    > the timeline
    > appears to be 4 weeks.
    > Rete
    > Originally posted by M.A.
    > > Thanks everyone. We are going ahead with I-130 processing in Europe.
    > They
    > > accept DCF and we will call tomorrow to find out what the latest
    > processing
    > > time is for it.
    > >
    > > Does anyone know how long it would
    > take?
    > >
    > > Again, thanks for everyone's help. You have been a great
    > comfort and source
    > > of knowledge.
    > >
    > > "M.A."
    > <[email protected]> wrote in message
    > > news:yZ9Mc.149$u-
    > [email protected]"]news:[email protected]
    > s.prodigy.com[/url]...
    > > > Gentlemen/Ladies:
    > > > I have a
    > situation that requires some urgency. I was misinformed about the
    > >
    > > process of applying for a green card for my wife. We got married 1
    > year
    > > ago.
    > > > She is a citizen of Belgium and I'm a US
    > citizen. I live in Washington,
    > > DC.
    > > > Once we got married in
    > Europe, we came back to the US and saw an attorney
    > > > who was
    > to help us with the process of getting a green card for her. One
    > >
    > of
    > > > the things he asked for was the tax returns of the 3 previous
    > years.
    > > Because
    > > > I have not paid taxes for the last 3 years
    > (an issue that is now being
    > > > resolved with the IRS), I
    > figured that we would not be able to apply for
    > > the
    > > > green
    > card. I didn't have the returns because I never filed them.
    > > >
    > My wife has been coming in under the visa waiver program and has
    > been
    > > > leaving promptly every 3 months and then coming back
    > in within a couple of
    > > > weeks. It has not been a problem
    > until yesterday when she was refused
    > > entry
    > > > in Dulles and
    > put on a plane back to Europe. She was told that she needed
    > > to
    > >
    > > apply for a regular visa at the Embassy and come back in; she
    > couldn't
    > > come
    > > > in under the visa waiver program
    > again.
    > > > She is now alone at her parents' house (they have
    > moved here) and waiting
    > > > for a solution or course of
    > action.
    > > > I have the following questions:
    > > > - Do
    > you think that it is a simple matter of applying for another
    > visitor
    > > > visa at the Embassy to return so we can go ahead
    > with the I-485?
    > > > - What are the chances that she will be
    > refused the visa?
    > > > - If that is not a good route, is it
    > quickest to file I-129F and bring her
    > > > in as a fiancé and
    > then do the adjustment once she is here?
    > > > - If so, how long
    > would it take for the whole process for Belgium?
    > > > - If not,
    > what do you suggest is the best course to get her back here and
    > >
    > > home with me?
    > > > - About the adjustment of status, does
    > it matter what my standing is with
    > > > the IRS or is the tax
    > return simply used to provide proof of income? How
    > > > does the
    > return effect the application?
    > > > I would wholeheartedly
    > appreciate any advice or pointers on this. I
    > > > shouldn't have
    > let this drag on and now my wife and I have to be apart.
    > > >
    > Please help.
    > > Thanks.
    > --
    > Posted via http://britishexpats.com

meauxna

DCF folk don't tend to post as much, for various reasons. Getting info from someone who has done this "in Europe" won't be useful to you in terms of timelines as this info will be Consulate specific. I've not noticed any Belgian DCF post here in 2+ years. Your timeline will likely be w/in 2 months (ours took 33 days but was a different country and a couple of years ago).

It's almost time when you can call them for their Monday morning. You will want to speak with the Immigrant Visa Unit and inquire about filing a petition I-130 for your spouse, a citizen of Belgium, even if you, a USC, are not normally resident in Belgium. This is specific language, for a reason. "DCF" is not an official term that they will necessarily respond to.

If you were previously living legally in Belgium or have birth-family ties there, it is worth mentioning as it may influence your ability to file abroad. Keep in mind that this is a *courtesy* that you are requesting of them (aka asking for a favor) and only they can give you the latest info. I found it helpful to write out all of my questions before calling, to make sure I got what I needed.

cindyabs

Here's a reply to a post I found from 2 year's ago from Rete to Stonegnasher-

Go here and read an experience for Belgium

One month and the Belguim citizen/spouse had a valid US spousal visa in their passport.

Hell why would you want to do anything other than that? It is quick and easy and painless.

http://www.kamya.com/interview/intro.html

Rete

cindyabs

Here's another to the same person in a different thread

Also see

http://www.usinfo.be/consul/immi/howfilepet.htm

You must of course already be married to do DCF but the page does not say that the
marriage must have taken place in Belgium. Both the US citizen and Belgian spouse
must go in person to the Embassy but I do not think there is any requirement for the
US citizen to stay in Belgium for the entire process (how could they prove this?).

Regarding residency in Belgium the page says only:

"proof that the petitioner or beneficiary are legally residing in Belgium, e.g.,
identity or residence card." This is quite a liberal policy as DCF is concerned. If
at all possible I would investigate DCF

M.A.

Thanks folks. Gathering documents now and wife is calling Embassy tomorrow
to verify. Will be flying there this week to apply. I appreciate all of your
input.


"M.A." <[email protected]> wrote in message
news:[email protected]...
    > Gentlemen/Ladies:
    > I have a situation that requires some urgency. I was misinformed about the
    > process of applying for a green card for my wife. We got married 1 year
ago.
    > She is a citizen of Belgium and I'm a US citizen. I live in Washington,
DC.
    > Once we got married in Europe, we came back to the US and saw an attorney
    > who was to help us with the process of getting a green card for her. One
of
    > the things he asked for was the tax returns of the 3 previous years.
Because
    > I have not paid taxes for the last 3 years (an issue that is now being
    > resolved with the IRS), I figured that we would not be able to apply for
the
    > green card. I didn't have the returns because I never filed them.
    > My wife has been coming in under the visa waiver program and has been
    > leaving promptly every 3 months and then coming back in within a couple of
    > weeks. It has not been a problem until yesterday when she was refused
entry
    > in Dulles and put on a plane back to Europe. She was told that she needed
to
    > apply for a regular visa at the Embassy and come back in; she couldn't
come
    > in under the visa waiver program again.
    > She is now alone at her parents' house (they have moved here) and waiting
    > for a solution or course of action.
    > I have the following questions:
    > - Do you think that it is a simple matter of applying for another visitor
    > visa at the Embassy to return so we can go ahead with the I-485?
    > - What are the chances that she will be refused the visa?
    > - If that is not a good route, is it quickest to file I-129F and bring her
    > in as a fiancé and then do the adjustment once she is here?
    > - If so, how long would it take for the whole process for Belgium?
    > - If not, what do you suggest is the best course to get her back here and
    > home with me?
    > - About the adjustment of status, does it matter what my standing is with
    > the IRS or is the tax return simply used to provide proof of income? How
    > does the return effect the application?
    > I would wholeheartedly appreciate any advice or pointers on this. I
    > shouldn't have let this drag on and now my wife and I have to be apart.
    > Please help.
    > Thanks.

L D Jones

M.A. wrote:
    > Thanks everyone. We are going ahead with I-130 processing in Europe. They
    > accept DCF and we will call tomorrow to find out what the latest processing
    > time is for it.
    >
    > Does anyone know how long it would take?

Someone who has filed directly in Brussels could give a better estimate
but based on what I've read the process could take as little as 3 weeks
to 5 months (or possibly longer). In London in 2001 ours took almost
exactly 3 months but that is of little use since each consulate is different

Darkie

I got my K1 in the embassy in Brussels.

They are rather fast and will do anything to speed up the process for you.

I can't talk for DCF, but it took me about 3 weeks to go through packet 3 and 4 + the interview. I must add that I was prepared and had all the documents handy.

I believe you must only apply in person, once that is done, there is no need for the American spouse.

I was hoping to do DCF there, but since my K1 was approved in a decent time, I chose to go that way to be with my wife faster.

The direct contact inside the embassy can be reached via the below email address. The 0900 number they offer is of NO help.

usvisabrussels at state.gov

Good luck!