Feel like we kind of shafted by Amsterdam...

[DCFAMS 2]

At the end of April we decided to start our relocation back to the USA as my wife was due to complete her studies here this summer and I was then beyond the 2 year period where holders of student visas must be out of the USA. So we researched on VJ, did our homework and decided to file an I-130 for IR1/CR1 through DCF at the consulate in Amsterdam. We spoke a few times with a consular official to ensure that our paperwork was being filled out correctly and when we were confident everything was in order she made an appointment at the consulate. She went there, had a brief interview and dropped off our paperwork. She then specifically asked whether we needed to provide additional supplemental information to demonstrate that our marriage was bonafide, to which the consular employee said no, it will not be necessary, your application looks excellent and we should be hearing back from then in 7 days.

About a week later we received a phone call from the consulate where they informed us that our petition would need to be forwarded to USCIS Frankfurt for secondary review. They were confused as to why this was necessary but running my wife's name through the system seemed to raise some kind of flag that required our petition to be reviewed at the USCIS field office in Frankfurt, we expressed equal puzzlement as neither of us has any criminal history or anything on our records beyond a couple of speeding tickets and parking violations. They mentioned that this was very rare, but that it does sometimes occur and would mean that it would take 'around 90 days' to process our petition once it arrived at USCIS Frankfurt. We once again asked whether supplemental evidence should be attached to the petition to ensure that USCIS was able to quickly determine that our marriage was bonafide. Once again the consular employee told us that no, this would not be necessary and it should take about 2-3 months for USCIS Frankfurt to process our petition. We expressed some doubt as our research into USCIS processing procedures did indicate that I-130's should include substantial evidence that our marriage is bonafide to ensure that the petition is approved however the CO in Amsterdam assured us that our worries were unfounded. I also know through my personal history of getting things done with the US gov't that departments have incredibly poor communication and that procedures at the Department of State (which operates the consulates/embassies) and the Department of Homeland Security (which operates the USCIS) may differ wildly, however I trusted what the CO told us.

USCIS Frankfurt has record of our petition arriving at their field office on the 20th of May, 2011 and finally after 120 days we received an RFE from their field office for more information to prove that our marriage is bonafide. Now I have no problem with this as producing the required documents will not be difficult (except the cost of having this all translated and certified) but I do have to say that I feel incredibly let down by the poor communication between these two branches of government and what seems to be complete ignorance from the consulate on what actual procedure for processing immigration forms seems to be. Had I not been expressly instructed not to provide these additional documents I feel like I would now not be facing an RFE that will surely further delay the approval of our I-130. I am also astonished that it took USCIS Frankfurt 4 months to flip through a couple of pieces of paper and send an RFE, but then I've dealt with enough government bureaucracies to know that this is about par for the course.

I suppose I don't really have a question per se, just more of a gripe at how sloppily something that is really important to us is being handled. I also now feel rather uneasy with any information that the consulate may further provide us as they have already messed up the processing of our petition. How am I to trust the only source I have for supposedly accurate information if they seem to not even know their own proceses and procedures?

[payxibka 10,045]

All consulate filed I-130's for sometime have had to be reviewed by the USCIS field offices. Maybe AMS simply does not do that many.

Edited September 17, 2011 by payxibka

[DCFAMS 2]

All consulate filed I-130's for sometime have had to be reviewed by the USCIS field offices. Maybe AMS simply does not do that many.

According to the CO whom I have spoken to a few times already, the I-130 is approved at the consulate and the subsequent petition for the IR1/CR1 is processed by USCIS. I am sure that they process more petition than ours because she specifically said that the way our petition had to be processed was rare and not at all like other I-130 petitions, of which Amsterdam does receive quite a few.

[payxibka 10,045]

According to the CO whom I have spoken to a few times already, the I-130 is approved at the consulate and the subsequent petition for the IR1/CR1 is processed by USCIS. I am sure that they process more petition than ours because she specifically said that the way our petition had to be processed was rare and not at all like other I-130 petitions, of which Amsterdam does receive quite a few.

There is no subsequent petition for the IR/CR-1. The I-130 IS that petition. ALL I-130's need to be reviewed by the USCIS to determine eligibility of the USC as a result of AWA.

[DCFAMS 2]

I am just utterly mystified as to why the consulate then was so insistent that we not provide this extra information and that it was not needed if it was crucial to getting our I-130 approved

So now that we did get RFE'd the letter we received stated they wanted:

Evidence of: joint leases, joint rent receipts, joint bank accounts, joint bills, joint income tax returns, joint credit cards, joint ownership of property, joint automobile insurance, life insurance, mortgage statements or birth certificates of common children. Also a written statement signed by my wife and myself detailing the history of our relationship and when, how and where my wife and I met.

I can provide: joint lease, joint bank account, joint credit card, joint income tax returns for 2010 (US and Dutch) and automobile insurance that my wife opened a few weeks ago in the USA that has both of our names on it (she has already relocated back to the USA to find employment and look for housing). The letter is also no problem.

However do people here on VJ recommend that I send additional information such as engagement announcements (her parents had one placed in the local paper where they live), photos of an engagement party we attended in the USA, pictures of our wedding, photographs of us on various trips and the like?

Edited September 18, 2011 by DCFAMS