Netherlands filing

[kmossel 0]

So I am filing my I-130 form for my husband in the next week or so. We are trying to get some information on what we can expect the process to be and how long it can take in the Netherlands. I am a US citizen and we have been married for 5 years. I moved to the Netherlands after we got married but we have plans to move back to the US in April. How long does this process take, and what can we expect? If we move in April my husband can stay in the US until July (the I-130 should go through by June according to the timeframe the USCIS gives) but what happens if it gets delayed and/or what should we do once we move to the US? Is it possible to get a temporary visa for him so he doesn't have to leave the country? What are our options...we won't have a place to live in the Netherlands after we move.

[jkelly07 120]

if you us citizen husband has lived in the nethlands over 6 months you can file DCF.direct consulate filing there,you will be married CRI-R1.and is much faster

[kmossel 0]

if you us citizen husband has lived in the nethlands over 6 months you can file DCF.direct consulate filing there,you will be married CRI-R1.and is much faster

I am a US citizen, filing for my dutch husband. I have lived in the Netherlands with him for the past 5 years.

Can I file DCF with the Counsulate in Amsterdam? I thought I was not able to.

[Roosha 51]

No you can't file with the consulate in Amsterdam, this is a list of international USCIS offices where they accept DCF: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

[pluis 2]

Hi Kmossel,

No, the US Consulate in the Netherland no longer accepts DCF. However, since both you and your husband live in NL, you can file the I-130 petition to the lockbox in Chicago. Recent trends indicate that the petition will then be forwarded to the National Benefits Center. The NBC may forward the petition to a local Field Office (most likely Frankfurt) or decide to adjudicate the petition themselves.

The processing times for I-130s filed from abroad are rosy. We've seen petitions where the time between NOA1 (acceptance) and NOA2 (approval) was only 40 days. However, I do not think you will manage to enter the US with your husband on his greencard in April if you have not yet filed the I-130, because of the additional time it takes the NVC and the consulate to arrange all things needed to give your husband his visa. It is possible for your husband to travel to the US under VWP while the I-130 is pending, but since your Dutch address will be your post address (in order to be approved asap use your Dutch address), he can't be gone from there too long, or he would risk missing important documents. He'll also need to go in for his medical and his interview in the Netherlands. There is an additional risk that if you go to the US and your husband travels on VWP, he may be sent back at the border, because they're worried he'll try to immigrate illegally. If you want to prevent this from happening, make sure he still has proof of residence in the Netherlands (a lease or a mortgage, family relations, a return ticket) and make sure he goes back well before the end of his 90 days.

If you really need to be in the US in April, it may be the best to precede him and have him join you when he gets his greencard. Less chance of missing any correspondence from USCIS / NVC / consulate, and no chance of him being sent back at the border and losing his right to travel on VWP.

Good luck!

Edited December 28, 2012 by pluis

[Ryan H 3,812]

if you us citizen husband has lived in the nethlands over 6 months you can file DCF.direct consulate filing there,you will be married CRI-R1.and is much faster

Before getting someone's hopes up by suggesting a DCF filing, you should check the list in the link below. If a country is not on that list, DCF is not available in that country.

No you can't file with the consulate in Amsterdam, this is a list of international USCIS offices where they accept DCF: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD