This page is made for people who are completely new to the immigration
thing. I will try to explain some stuff about what I know about the process.
But mind you, I am just someone going through the process and not a lawyer or
anything like that.
There are many types of visas to get into the US.
There are work-based
visas, student visas and who knows what. But if you, like me, fall in love
with one of those americans and want to live with him/her in the US, and you can
not get any of those other visas, there is only one way left. Get married. Of
course there is another way and that is to go as a tourist. But beware:
Don't tell the immigration guy you have an American girl/boyfriend. He
might not like that and send you staight back home.
Don't overstay your visa. A good idea is to not travel on a visa-waiver
but get a real visa. You get to stay six months instead of three and probably
have less hassle at the border. And lie about your girl/boyfriend!
Marriage gives you the right to live with your wife/husband in the U.S., but it must be done legally. There are different ways to get a marriage-based visa. I went through
the Direct Consular Filing (DCF) process in Amsterdam so that is really the only
thing I can tell you about.
Who can do it?
Anyone who:
Is willing to marry an American or has already done that.
We are talking about a legit boy/girl marriage!
Keep this in mind!
Unlike everything you will read on the website of the US consulate in
Amsterdam (usemb.nl/consul) the
American spouse does not have to be a dutch resident! He/she only needs to visit
the consulate once to file some papers.
But why?
The big plus compared to filing in the US or going through the K1
fiancee visa procedure is that it is quick and easy. It can be done in 45 days
from your first vistit to the consulate to a full blown green card. Any other
way will take a lot more time. None of the documents they ask for are difficult
to find and the people at the consulate are very helpful and
efficient. Forget about a lawyer. Anybody can do this. I don't have any
scary dizeases nor have I had any run-ins with the cops or overstayed a visa. If
you have, it could complicate things, they will check your police record, but
don't ask me, I am clean.
If you want to know more, read other websites, get used to the lingo and ask
questions. Us immigrants love to help others.
So how does DCF work?
Read the text of the information sheet geven to me on October 24 2002: Infomation For
Aliens.
In short, it goes like this.
The American spouse goes with the dutchie to the US Consulate in Amsterdam.
Check usemb.nl/consul for
address, opening times (only in the morning!) and American holidays because
yes, they take the day off on Martin Luther King day. To get there: from
Centraal Station take tram line 16, or if you go by car, you can park at the
underground carpark at the Museumplein.
Bring:
I-130, Petition for Alien Relative.
G-325A , Biographic Information, one for each partner. You can find and
download these forms from the INS website: ins.usdoj.gov.
Your passports.
Proof of marriage (marriage license, trouwboekje).
$130 cash or equivalent in cash euro (pay in dollars, their exchange rate
sucks).
Passport photos, one of each. The photo's have to be a bit special.
Your head has to be 30 mm high and has to show your left eye and your right
ear. American needs only one, dutchie needs a total of 6 photos to get through
the whole process.
They will then give you "packet three" that tells you what information to
collect next. This information is:
International Birth Certificate. You can get this in the town where you
were born.
If you spent any time in the army: Military record. Write to:
Ministerie van Defensie Defensie Archieven-, Registratie en
Informatiecentrum Bureau Registratie en Informatie Ontslagen
Personeel Postbus 7000 6460 NC Kerkrade. They will send it in english
is you ask for it.
Affadavit of support. This is form I-864 and it should explain what to
do. The American spouse has to have an income high enough to support the
dutchie. If you don't earn or have enough money you need a "co-sponsor",
someone whoe does have enough dough. You also need your tax-returns from
three previous years.
$335 cash.
Once you have collected all this you send them your readiness letter DS-2001
and form DS-320 part 1, both included in your packet three. They will the
send you packet four. It has the date for the final interview and tells you how
to make an appointment for your medical examination. The medical will cost at
least 190 euro (cash), but probably more because the doctor likes giving you
expensive shots. As I understand it they will schedule the final interview 45
day after receiving your readiness letter. The fastest way to get through the
whole process is to collect everything packet three tells you before you file
your I-130. You can then have your affidavit of support notarized for free at
the consulate, fill in your readiness letter and DS-230 part 1 and give it back
to them right there that day.
And then?
Go to your medical, go to your interview and if you are lucky
they will give you a big brown envelope at 3 o'clock on your interview date.
Give the envelope to the immigration guy when you enter the US, he gives you a
stamp and if you are lucky you become a "Conditional Resident Alien", doesn't that sound great.