Hey all,

I had a question regarding the DCF process. My wife (US citizen), our daughter (US and Dutch citizen) and I (Dutch citizen) have been residing in the Netherlands for more than 2 years.

We have plans to move back to the US in the very near future. I held a GC, but it expired because I resided outside the US for more than 2 years.

If we use the DCF is it possible to file the I-130 in Amsterdam, await approval and then move to the US without being apart? (http://amsterdam.usconsulate.gov/i130_spouse.html)

When will my wife have to comply with the affidavit of support and is this at all necessary?

I guess it's just not clear to us if we can immigrate back to the US as a family or if we have to spend time apart during the process due to her having to meet certain income requirements.

Her parents will easily meet the requirements, is it an option at all for them to be the sponsor?

Also, if I want to visit the US before we move there, I would have to officially abandon my resident status at the Consulate in Amsterdam before travelling. Would that at all jeopardize our chances of succesfully filing an I-130 petition?

Thanks in advance!

YES

YES US Citizen spouse MUST be primary sponsor, and MUST provide I-864 Affidavit of Support.

A few things with the I-864 that can trip a person doing DCF. First, US Domicile, the sponsor must show that has not given up US Domicile while living in foreign country, the other, the US Citizen MUST provide past years IRS returns, (US Citizen may be exempt from paying US tax on foreign income, but they are not exempt from filing a return with the IRS every year)

More can be found here: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Many US Citizens doing DCF will return to the USA shortly after filing the I-130, and work on reestablishing US Domicile, file past years returns, and work on finding a job to show being able to support the immigrant. OR have to somehow show re-establishing domicile.

Parents can be Joint Sponsor and can provide an additional I-864

As long as US citizen files the petition BEFORE abandoning foreign residence they will have no problem.

You are eligible for DCF --- yet I would make a consultation with an attorney since you abandoned your permanent residency and that can possibly have some complications in this new process.
And indeed, if you do DCF, you are just fine living where you are, no need to move. Your spouse will be the primary sponsor,but her parents will be joint sponsors (since your wife's income is, I asume, foreign income). I would also asume she has continued to file her taxes with the IRS, right?
Best bet is not to travel until things are done --- just my .02

Got this response from the consulate:



What other ways are they talking about for a deponent to demonstrate he/she meets the requirements of the affidavit without having to be apart? And "at the end of the application process", is that when I'm already in the States or what?

TIA.

by seeking out someone who has established residency in the USA to act as your Co-Sponsor.

She hasn't held a job here or in the US for more than 2 years and along with that hasn't filed our taxes since we've been here.

She's in the US right now and she's going to file taxes there asap. She's temporarily in the US, she's still registered as a resident here, btw.

Is the fact that she doesn't have a job and is only now filing our taxes a potential problem for the application?

Her parents have their own business and are pretty wealthy. If my wife doesn't qualify, could they sponsor me completely or just be a joint sponsor?

Thanks a lot for your time.

I agree with not risking a trip to the US if at all possible before you've obtained a new visa and can arrive as a permanent resident.

It sounds like your old green card will be handed over with the I-130 petition. You're definitely going about it the best and fastest way by doing DCF in Amsterdam. I would file the I-130 as soon as your wife returns from the US.

Your wife not having a job and just now back filing taxes is not a problem. Her parents can certainly be your joint sponsors. When they say "at the end of the application" they mean at the actual visa interview after the I-130 has been approved. Your wife needs to fill out an I-864 and her parents would also use the I-864. If they file their taxes jointly, one parent can do the I-864 and include the other's income and then the second parent would fill out the I-864A.

No matter what, your wife is always your main sponsor. But her parents as your joint sponsors will be covering the total amount of income needed for approval. Make sense?

Your wife does need to show US domicile. She can use her parents' address as her US residence and having things like a voter registration card, US bank accounts, and vaild US driver's license are great for showing domcile. She does NOT need to move to the US ahead of you. You can all go together as a family once you've obtained the new visa.

Thank you very much.

Don't get me wrong, but why? The consulate said it wouldn't be a problem for the I-130 and as long as I abandon my LPR status before travelling I shouldn't have any trouble getting in.

Feedback certainly appreciated.

I should have clarified it's just what I would do in the situation with the complication of having a previous, invalid green card. I'm sorry I made it sound like I was basing it on factual information I was aware of.

Hi

What did you have to do about the Dutch Police Cert for the US Embassy and translation?

We are applying for I130 in UK and ducth hubby needs his but from what i understand it comes in dutch and the embassy wants it in english but we never see the record. it goes directly to them.

anyone with experience???

thanks