no credit history and lots of weird circumstances

[salina 0]

Dear all,

I am a Dutch citizen and have been together with my American boyfriend for over 2 years now.

We met in The Netherlands. He got stranded. He had underestimated the European immigration rules and had nothing left. After living together for a year we packed up and left for the Netherlands Antilles. But my man got home sick. After working illegaly for years he just wants to go home. The problem now is that we do not have any official records of him living abroad.He just got on a plane and didnt return (Iknow). We have no tax returns or residency papers. Just plaintickets and photos.

We have not been apart for more then a few hours since we have met. My 8-year old sees him as his father and we are all terrified of being apart. We have read that the K1 visa is faster than the K3 visa so we decided to go with that option. But are we right?

Question 1: I read stuff about going to the US and to just get married. Since I am a Dutch citizen I can get into the country without a visa for 90 days. Is this a responsible option? (I have a study grant that I can take anywhere so working is not important to me in the first months, though school for my son is)

Question 2: Since my boyfriend does not have a recent income history what should we do with the affidavit of support? We don't have any potential sponsers. I saw that we do not have to file the affidavit until I go to the Embasey. Is it an option for him to go to the US, start filing and then have a statement from an employer ready before I go to the Embassey? Do we also have to get statements from the IRS? And does anybody know what kind of statements?

As additional info: We are not poor but we are not rich. So I would be incredibly gratefull for any tips on how to go about everything cheap and fast.

Thank you all

Salina

[Ning25 620]

Dear all,

I am a Dutch citizen and have been together with my American boyfriend for over 2 years now.

We met in The Netherlands. He got stranded. He had underestimated the European immigration rules and had nothing left. After living together for a year we packed up and left for the Netherlands Antilles. But my man got home sick. After working illegaly for years he just wants to go home. The problem now is that we do not have any official records of him living abroad.He just got on a plane and didnt return (Iknow). We have no tax returns or residency papers. Just plaintickets and photos.

We have not been apart for more then a few hours since we have met. My 8-year old sees him as his father and we are all terrified of being apart. We have read that the K1 visa is faster than the K3 visa so we decided to go with that option. But are we right?

Question 1: I read stuff about going to the US and to just get married. Since I am a Dutch citizen I can get into the country without a visa for 90 days. Is this a responsible option? (I have a study grant that I can take anywhere so working is not important to me in the first months, though school for my son is)

Question 2: Since my boyfriend does not have a recent income history what should we do with the affidavit of support? We don't have any potential sponsers. I saw that we do not have to file the affidavit until I go to the Embasey. Is it an option for him to go to the US, start filing and then have a statement from an employer ready before I go to the Embassey? Do we also have to get statements from the IRS? And does anybody know what kind of statements?

As additional info: We are not poor but we are not rich. So I would be incredibly gratefull for any tips on how to go about everything cheap and fast.

Thank you all

Salina

He needs to file for K 1. Read, study the info here on V J to do that. Its not too hard to file petition. Make sure you do what is needed to include the child.

Can he file DCF? If so it might save a lot of time.

Income. Start by having him use IRS web site to obtain tax transcrips for past years filings. Prior to interview he will need to have been working. That income is reflected on 134 or 864. An explanation of where is was & why he wasnt working may help later. Employer at time of interview letter may suffice. If his income is above 125% above the pavery line he wont need sponsor.

Cheap? Use V J , read, study, think & ask questions. Forget the lawyers.

Fast? Get over that idea. Get in line. Get ready to try to understand the actual process so you arent frustrated anymore than needed.

[KimandRuss 0]

I'm not sure the US gov't will care about his overstay in the Netherlands. Just be sure you tell the truth.

If you come into the US with the intent to immigrate you are committing visa fraud. If it is discovered that you entered with the intent of staying you will face serious consequences usually in the form of a ban. If it was that easy...

Normally the Consulate cares about what the petitioner is making at the present time but each is different in what they request. Your best bet is to check with others here who went through the same Consualte or contact the Embassy directly and ask.

The fees and times are the same for everybody unless your case is expedited (very rare). It will be a little faster if you're filing through the Vermont Center but how long it takes varies greatly from case to case. It also depends very much on the USEM you are dealing with. Some schedule interviews in a matter of weeks while with others, it's months.

Read the GUIDES and the FAQ'S (links at top) and check the Embassy Info link to find out specifics regarding your Consulate from others who have been processed there.

good luck

can't do DCF because he wasn't there on a valid visa.

[salina 0]

Thank you thank you thank you for even responding.

I have been reading for weeks now and I have an idea of what to expect but not more than an idea.

I just reread the part about DCF. It would not be a problem to get my boyfriend papers since we are not in The Netherlands anymore but in the The Netherlands Antilles. I can get him papers here. The reason I kinda dismissed the option was because I thought we needed a lot of assets in stead of the affidavit. Was I wrong?

Does my boyfriend have to get a job before going back to the US or something like that.

It sounds very interesting because I just read that a DCF procedure only takes weeks.

Could it be

Edited July 13, 2008 by salina

[KimandRuss 0]

You need to check with the Consulates laws regarding DCF. Last year brought a lot of changes.

Edited July 14, 2008 by KimandRuss

[pushbrk 14,183]

Thank you thank you thank you for even responding.

I have been reading for weeks now and I have an idea of what to expect but not more than an idea.

I just reread the part about DCF. It would not be a problem to get my boyfriend papers since we are not in The Netherlands anymore but in the The Netherlands Antilles. I can get him papers here. The reason I kinda dismissed the option was because I thought we needed a lot of assets in stead of the affidavit. Was I wrong?

Does my boyfriend have to get a job before going back to the US or something like that.

It sounds very interesting because I just read that a DCF procedure only takes weeks.

Could it be

You are going to need a qualified sponsor or co-sponsor to make any immigration plan work. So, unless you have a qualified willing sponsor, your first step is for him to return to the USA and get a job. You may "visit" according to the VWP terms or any visitor visa you can get but to enter the US with the intent to circumvent US immigration law, will land you in a world of trouble.

Most people here are on (or have completed) a "Visa Journey" that includes months of separation from their loved one. Time to get your head around that part of the deal. The K1 process will take longer than you will be allowed to visit the US.

[salina 0]

I have e-mailed the Embassy in Caracas with the question if I can go for the DCF route. So that would solve so much.

If that doesnt work my boyfriend will just have to go without us.

One question.

Can he already apply the moment he gets a job? By the time I will then go to my interview at the Embassy he will be working for a few months already.

Is this possible or does he have to work for a few months until he can start the whole process?

Edited July 16, 2008 by salina

[Gemmie 142]

He doesn't technically "need" the job until your interview at the embassy where you need to show the evidence that he can support you. My fiancee is a freelance worker right now but we're still going to apply and he'll get a full-time job shortly after.

However, if he plans on returning to the US, he'll need a job to support himself throughout the many months waiting time. Plus the process isn't cheap.