In need of advice

[OfWolfAndMan 0]

Hi everyone. I'm kind of in need of advice.... My wife and daughter have been back in the US since early April. While there we decided that it would be a good idea to move back there. Our daughter is enrolled in school and my wife has gotten her dream job, basically. She has a resident permit here and our daughter holds both nationalities. I had a Green Card and we all lived in the US. My GC expired last year in May because I/we resided outside the US for too long.

In order to go the much faster DCF route she has to personally file for me here in Holland. Due to circumstances it doesn't look like we'll be able to get her back here to file for my visa at the consulate. She starts her new job on the 14th and with ticket prices being what they are it's almost impossible to get her back here before she starts her new job.

Any idea on what we could do? Just resign to the fact that she will have to file over there? How long could that take and could I be with them during the process? What are our options?

Thanks a lot.

[Leah132 0]

I'm not sure how long the wait is for a visa in Holland, but if it's not too long then you may want to wait a few months until your wife can get there to file for you at the embassy. The process is so terribly slow in the U.S., so it's always better to do DCF if possible! So even if your wife can't get there for awhile, it may be faster to do DCF. It all depends on the estimated processing time in Holland and when you think your wife could get there to file. That's what I would think about. Good luck!

[MargotDarko 0]

My take on it, but this is just personal thought rather than anything from even second-hand experience, is that since it takes so long to go through a US Service Center (sometimes a year), as long as she can return and file the I-130 in Amsterdam within the next month, I would take the chance that they would accept it. If she cannot return soon, I would opt to file the I-130 ASAP (like start preparing it tomorrow and send it within a week) with the nearest USCIS service center.

Before you have the visa, you can visit for up to 90 days. You cannot take any work and you have to show proof of returning to Holland before the 90 days are over. Also, you need a machine-readable passport, no past convictions, and no past US visa denials to use the visa wavier program.

It's kind of a grey area I think but if after a 90 day trip to the US you return to Holland for awhile, I would think you could try to make another 90 day trip. There's always the risk that you'd be turned away at the border, but rest assured that that kind of entry denial would not affect your immigration process.

[OfWolfAndMan 0]

The processing time here in Holland is 10 to 12 weeks, but she's been back in the US for 3 months now and I don't know if we could still file here if she stayed another month and worked, e.g. more proof she took up residence there and no longer qualifies to file through the consulate.

[OfWolfAndMan 0]

nm

Edited July 2, 2008 by OfWolfAndMan

[OfWolfAndMan 0]

I just spoke with the Consulate in Amsterdam and they repeatedly said that as long as she is able to show a valid Dutch resident permit they will accept the petition. They won't deny it based on the fact that she's been there for several months and/or has already started working there. In theory she could stay there another 3 months, come back and file the petition here.