www.usadutch.com

***** WARNING*****

THIS IS OUR OLD PROCEDURE AND WILL NOT BE UPDATED ANYMORE IT IS FROM 2001 AND IS UPDATED UNTIL END OF 2003 THIS IS FOR YOUR REFERENCE ONLY

Please see this link for an updated procedure

DCF IN 6 STEPS

 

Disclaimer:
Please note that the information on this page is not official information from any organization.
The information provided here should not be taken as legal advice. Reliance on the information is at the risk of the reader.
All information should be used as a rough guideline only. We are NOT lawyers or legal advisors.

Menu for the visa-procedure

0 Intro and changes/helpful hints about the procedure
1 Links/timeline/forms and acronyms
2 Marriaged based Visa (DCF) Procedure (short description what it is)
3 Marriage (in the Netherlands)
4 First Visit  (first visit to the consulate with your wife/husband)
5 More paperwork  (complete the papers before you start the DCF procedure.)
6 Final checklist and paperwork  (the last paperwork and consulate checklist)
7 Medical exam
8 Visa interview
9 The money
10 The visa (image) (this is attached to the mysterious brown envelope.)
11 Entering the USA (POE) (Minneapolis MN) and the passport stamp
12 Checklist and document print-menu
13 Links (VISA RELATED including K1/K3)
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0-INTRODUCTION AND CHANGES

The PDF files

** most PDF files are editable now.

Be SURE to print out as many copies of your form as you need before you close the program. You will NOT be able to save the form that you have completed, using the free Acrobat Reader. You simply fill in the form and print it. If you have the regular Adobe Acrobat program (not the reader only), you may be able to save your form.
Disclaimer:
Please note that the information on this page is not official information from any organization.
The information provided here should not be taken as legal advice. Reliance on the information is at the risk of the reader.
All information should be used as a rough guideline only. Your ALT-Text here

Changes and helpful hints about the procedure     


This can happen when you visit the US "too often."


The new 2004 poverty guidelines are here; http://aspe.hhs.gov/poverty/04poverty.shtml


In addition to Chris's good advise I noticed something else that might come in handy for future applicants. With the brown envelope I received an information sheet of what to do when I am in the US (e.g. SSN, Tax returns etc.) it had an extra sheet attached to it, that said that you can apply for a Social Security Number as part of the procedure. Especially for people that want to start working from the day they enter the US, that might be worth looking at, as obtaining the SSN could take 2 weeks or more.


Oh, I have one comment that might be useful. When you tell them what you are there for at the gate, say that you're there for immigration-business, or immigration-visa; as long as you add the word immigration. You will be let in earlier. On picking up the visa, there will be more people picking up a visa; again, say at the outer gate already that you're there to pick up an immigration-visa with capitol letters for the word immigration, cause then you will be let in earlier (not the way I did it, I just told them I was there for a visa; but I saw it happen to another man who pressed the bell and was let in after telling them this and he even was out again before I got through that first gate.). Good luck to everybody still filing right now!


1.  Consulate DCF checklist is no longer used.
2.  Must mail Form DS230 Part I along with Form DS2001 (given in packet of instructions.  This form is a request for a final interview and statement that the applicant has collected all the required documents and is ready to appear and present them.)
3.  He was told to bring all the required supporting documents and the Affidavit of Support, along with Form DS230 Part II when he comes for his final interview.  We don't know if he needs Form IRS-9003 yet or not.

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Special Links;

New USCIS fees see here 1/24/03
New Consular Fees effective June 1
Effective June 1, 2002,  Immigrant Visa processing fee will be $335 or 402 euros. The fee for a transportation letter for a legal permanent resident will be $300 or 360 euros.

 
 About dual nationality (Dutch government website info in Dutch) (please mail me if this link is not working anymore it changes all the time)

In het algemeen geldt onder de nieuwe regeling dat Nederlanders die vrijwillig een andere nationaliteit krijgen, het Nederlanderschap verliezen. Daarop gelden de volgende uitzonderingen:

  • het Nederlandschap gaat niet verloren als hij of zij gehuwd is met iemand van die andere nationaliteit

 

Stories  hints and tips from other couples who did DCF or K-1 from or  in the Netherlands.

All the visa links (These WebPages are not on usadutch.com)

Dutch Consulate website Immigration FAQ

All NON marriage related visa's click here (Lots of good free information from a lawyers website)

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Disclaimer:
Please note that the information on this page is not official information from any organization.
The information provided here should not be taken as legal advice. Reliance on the information is at the risk of the reader.
All information should be used as a rough guideline only.

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1-LINKS TIMELINE AND ACRONYMS
Our timeline  

Explanation of forms and acronyms 

What you need to marry in the Netherlands Read this !!!!!!!!!

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The Direct Consular Filing (DCF)   Procedure / Forms / Hints / Tips / Story 

There are different ways to get a visa, one of them is the Direct Consular Filing at the
American Consulate in Amsterdam. (The marriage can be in either country.)
IF YOU ARE NOT A DUTCH/AMERICAN COUPLE YOU HAVE TO BE SURE YOUR CONSULATE
WILL DO DCF IN YOUR COUNTRY......!!!!

We chose to NOT go the fiancé route because there is a great deal of uncertainty with it. The timeline that the USCIS gives is usually inaccurate. Ten phone calls to the USCIS can give you ten different answers  to any given question. They are not responsible for their answer: You are responsible for any action you take. Further, once the alien arrives in the US on a K-1 visa and the couple is married, the alien must file to Adjust their Status [Adjustment of Status - AOS]; they also need to file for Employment Authorization and for Advance Parole -- all of these processes cost more money, and can take anywhere from "one day instant" to 18 months of  processing until the alien is finally able to AOS and become a Conditional Permanent Resident (CPR).  As you will see below, with the I-130 DCF process none of this extra filing has to happen, and the alien enters the US as a CPR and therefore immediately authorized to work and travel freely. (In 2001 they changed the rule of  the EAD for a K-1 they are now able to work for 90 days on a K-1 BUT then must stop until the 2 year EAD is received.)

To do the DCF  you have to be married. In the US , The Netherlands or any other country but is has to be a valid marriage.
On the Dutch US Consulate website is stated that both persons have to live in The Netherlands as Dutch citizen/resident. Information from the Consulate learned this rule is not followed so if ONE of you is a Dutch Citizen then it can be done.

Be aware that the consulate does not talk about DCF  but the marriage based visa. DCF is a internet based invented name.

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JANUARY 25 2001          

PACKAGE 1      Your ALT-Text here   

1.  The instructions.                          Your ALT-Text here     including picture sheet    YOU MUST READ THIS

2.   I-130                                        Your ALT-Text here                 **  view and edit 

      Instruction for the I-130 download here        

3, G-325A (two of them)                Your ALT-Text here                       ** 2/24/2001 view and edit

click here for the official USCIS forms   

In using these forms, you are accepting responsibilty for using them and for any errors that may occur, either in the version of the form or in the completion of the form, and agree to release this site and site owner from all liability in your use of these forms.

To view or edit these PDF files you need  Acrobat Reader click here    Your ALT-Text here

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We went to the Consulate with our package 1 The I-130 and both our G325A. AND GOT  APPROVAL

We arrived at 10.20 am, got in line and left all done at 12.10 pm... so not bad huh...........

(The Consulate is located at the back of the Rijksmuseum look for the American Flag.)

In packet 3 you need a sworn statement for the affidavit of support (I-864)
We managed to have all the needed items in our possession .After we were done with package one and had approval on it, we asked if we could give them  the checklist for package 3. They said that would be OK. They asked also for the OF-230 part I  (Now the DS-230 part 1)  and the affidavit of support I-864.  Then a Consulate officer had Eileen swear  that the affidavit was correct, took the form and put a stamp on the I-864. Then he gave it back to Klaas to bring it when he has his interview. This was our piece of luck  because Eileen will be back in the US when Klaas has his interview. (if we had found out later, Klaas would have to send the form to Eileen in the states and wait for it to be returned with a notary stamp)

In The Netherlands you can NOT get the police statement  by yourself because the Consulate insists they do that themselves. This will take about 6 to 8 weeks and is the most time consuming wait in the whole process.

So we now sit and wait for a appointment for the medical and the interview   Klaas is expecting his visa on the day of the interview. With good luck that would be in March.

BTW....everyone was VERY nice to us and VERY helpful, in part because we were over prepared and nothing was missing or filled out incorrectly.  there were some stupid people in line...such as not having American money (duh) or not having the required pictures (duh) and these people were upset to be turned away.

And Klaas recommends NOT wearing a belt with metal trim or having a two inch pocket knife on your key ring! Security was not happy....he just had to take it off and leave it at the door. (not the belt...hahahahaha)

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PACKAGE 3       Your ALT-Text here

The checklist            Your ALT-Text here   and instructions   OF-169    YOU MUST READ THIS

Biographic data        Your ALT-Text here   DS-230 part 1  AND 2             ** 1/28/02 New form,  replaces OF-230

Affidavit of support   Your ALT-Text here      I-864     for sponsor AND co-sponsors ** 2/24/2001 view and edit

Important: A co-sponsor also needs a certified copy of a birth-certificate, 3 years of tax returns and proof of  current employment.

Poverty guidelines     Your ALT-Text here 2003 PDF file

click here for the official USCIS forms  (new window)

In order to download and save these forms to your hard drive: Using the right side mouse button to click on a link above, select "Save Target As" in Explorer or "Save Link As" in Netscape. Then save the file to whatever location you wish and make a note of it so you can find it later.

In using these forms, you are accepting responsibilty for using them and for any errors that may occur, either in the version of the form or in the completion of the form, and agree to release this site and site owner from all liability in your use of these forms.

To view these PDF files you need the Acrobat Reader     Your ALT-Text here

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FEBRUARY 23, 2001

PACKAGE 4      Your ALT-Text here

YES YES.....!!!!!!!!!!!!!!!! Received packet 4  (OF-171)

Medical examination         March 12 2001  read here    medical exam appointment new style (nov 2002) (click here)

You have to hand over all the  documents on the day of the medical exam (see OF-171) click here

visa application interview  March 20 2001 read here  

Sworn statement       Your ALT-Text here                               DS-230 part 2  (skip the first two pages they are part 1)

Tax statement           Your ALT-Text here                               IRS-9003      (for the NL citizen only)

In using these forms, you are accepting responsibility for using them and for any errors that may occur, either in the version of the form or in the completion of the form, and agree to release this site and site owner from all liability in your use of these forms.

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  Going home on March 30, 2001 finally.......     

Home................................

The Immigration inspector

Immigration officer

click to zoom

This is the visa (image) attached to the "mysterious brown sealed envelope"  

To protect from misuse and privacy reasons the image was altered.

At the airport the sealed envelope will be opened by the immigration officer

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This is not a free ride to America click here for the fees as of  FEB 2002   (USCIS website in new window)

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March 30 2001 (POE = PORT OF ENTRY)

Arrived at the Airport Minneapolis/St.Paul on a round trip ticket from Icelandair. This ticket was cheaper then a one way TICKET. At arrivals there where two lines to pass USCIS ; Citizen and Visitors. Because I was none of those and the line at Citizen was smaller I went there and explained I was coming in on a Visa. They directed me into an office where I had to hand over my  mysterious brown sealed envelope and the attached visa. The USCIS officer looked over all the paperwork. In the envelope I discovered all my submitted forms. Then I had to give fingerprints (only the index finger) and sign a paper on two sides. This was a form later to be my "green card" he said. After he stamped my passport with the I-551 stamp (look here) and put my alien number on it, I was done in just 30 minutes after landing.

The only thing to do now is get a social security number and a drivers license but that's beyond the scope of this story.

March 2002

I  received my green card, and of course my first name was spelled wrong. See instructions here.

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WHAT'S NEXT (JAN 2003) Notice from USCIS;

NOTICE TO PERSONS FILING FOR SPOUSES IF MARRIED LESS THAN TWO YEARS
A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.
  • You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.
  • If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.
  • If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate application if your child received conditional resident status more than 90 days after you did.

Pursuant to section 216 of the Immigration and Nationality Act, your alien spouse may be granted conditional permanent resident status in the United States as of the date he or she is admitted or adjusted to conditional status by an officer of the Immigration and Naturalization Service. Both you and your conditional permanent resident spouse are required to file a petition, Form I-751, Joint Petition to Remove Conditional Basis of Alien's Permanent Resident Status, during the ninety day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent residence.

Otherwise, the rights, privileges, responsibilities and duties which apply to all other permanent residents apply equally to a conditional permanent resident. A conditional permanent resident is not limited to the right to apply for naturalization, to file petitions in behalf of qualifying relatives, or to reside permanently in the United States as an immigrant in accordance with the immigration laws.

Failure to file Form I-751, Joint Petition to Remove the Conditional Basis of Alien's Permanent Resident Status, will result in termination of permanent residence status and initiation of deportation proceedings.

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And then you can do dual  dual citizenship.  (100 questions to answer, click here)

More information about the citizenship here at

Another Dutch guy reporting about the I-751 http://thenewcitizen.blogspot.com/

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Disclaimer:
Please note that the information on this page is not official information from any organization.
The information provided here should not be taken as legal advice. Reliance on the information is at the risk of the reader.
All information should be used as a rough guideline only.
 Your ALT-Text here

***** WARNING*****

THIS IS OUR OLD PROCEDURE AND WILL NOT BE UPDATED ANYMORE IT IS FROM 2001 AND IS UPDATED UNTIL END OF 2003 THIS IS FOR YOUR REFERENCE ONLY

Please see this link for an updated procedure

DCF IN 6 STEPS