DCF Frankfurt questions

[Wakefield49 0]

Hi, i will shortly explain our situation.

I am a Dutch citizen and will marry my American girlfriend next week. She has been living in the Netherlands since january 1 last year with an approved Dutch residence permit.

 

After we get married, we would like to immediately start the DCF procedure. We will have to do it via Frankfurt.

I have a couple of questions:

 

1) Do i need to follow the country specific requirements for Netherlands although i am applying in Frankfurt?

2) Medical exam: in Germany or Netherlands?

3) Documents like birth certificate, do i need to get an apostille for each document?

4) My wife will probably start a job in April and will move to Houston then. Is that ok for the DCF procedure or does she have to be here until the procedure is completed?

5) Sponsorshop, as said earlier my wife wont get a US job until April, how can she be a sponsor without income? Can we ask our future employers in the US to be sponsor?

[Mark88 185]

You can only DCF if you live in Germany.

[BFTE 41]

4 minutes ago, Mark88 said:

You can only DCF if you live in Germany.

Incorrect, see the following from the USCIS Website:

USCIS Frankfurt is in the Europe, Middle East and Africa Districtand has jurisdiction over U.S. immigration matters in Austria, Czech Republic, Germany, Hungary, Belgium, the Netherlands, Poland, Slovakia, Switzerland, Luxembourg and Liechtenstein.

however, if you file for DCF via Frankfurt and you do NOT live in Germany, you will have to show exceptional circumstances.

https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office

 

What falls under these exceptional circumstances you can find here: 
https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

I hope this helps, good luck! 

[Wakefield49 0]

Thanks, i did not know you had to have exceptional circumstances. Hopefully my girlfriends new job is that exceptional circumstance?

Edited February 19, 2018 by Wakefield49

[Mark88 185]

2 hours ago, BFTE said:

however, if you file for DCF via Frankfurt and you do NOT live in Germany, you will have to show....

Considering the information the OP provided, my answer was correct. You only can file DCF with Frankfurt if you physically live in Germany. Exceptional circumstances were not stated (or visible based on the information)

Edited February 19, 2018 by Mark88
spelling

[Mark88 185]

2 hours ago, Wakefield49 said:

Hopefully my girlfriends new job is that exceptional circumstance?

Probally not. But it will depend on the consular officer and how long in advance she has the job offer. If she just got it now, and needs to be in the US by April you might have a chance. If she received it last year, then the consulate will state that there was no rush on your side to petition and hence they do not see the need to take jurisdiction over your case. Prepare that you need to go the regular route, taking anywhere from 6-24 months.

Edited February 19, 2018 by Mark88
addittional information

[Mr_B 3]

1) Do i need to follow the country specific requirements for Netherlands although i am applying in Frankfurt?

 

DCF goes 100% through the local embassy. At no point will you communicate with USCIS Frankfurt, your local consul will take care of this.

 

2) Medical exam: in Germany or Netherlands?

 

Provided the consul accepts your case, the embassy will give you a list of accepted Dutch medical centers. 

 

3) Documents like birth certificate, do i need to get an apostille for each document?

 

No. The advantage of DCF over lockbox is that official local documents are accepted 'as is'. This means Dutch documents issued by any Dutch official instance do not need translation nor legalisation. The consul vouches for the authenticity. 

 

4) My wife will probably start a job in April and will move to Houston then. Is that ok for the DCF procedure or does she have to be here until the procedure is completed?

 

As Mark88 said, if she was offered and accepted this job recently, you have a decent chance of being accepted for DCF. If you've been sitting on this for months, probably less so. But worth a shot anyway, asking is free and a no you already have. She needs Dutch residency when the procedure starts, so don't waste any time.

 

5) Sponsorshop, as said earlier my wife wont get a US job until April, how can she be a sponsor without income? Can we ask our future employers in the US to be sponsor?

 

She can sponsor if she has enough assets to meet the minimum requirement. She will also need to submit her most recent tax return with the I-864, but the latter only has to be brought to the interview, not to the first meeting (I-130). 

 

[Wakefield49 0]

Thanks all. My girlfriend applied for the job last week and Friday she has a phone job interview.

After that we will call Amsterdam Consul first and then they will hopefully tell us enough I am surprised  though about the answer below but it makes it easier for me i guess.

 

2 hours ago, Mr_B said:

1) Do i need to follow the country specific requirements for Netherlands although i am applying in Frankfurt?

 

DCF goes 100% through the local embassy. At no point will you communicate with USCIS Frankfurt, your local consul will take care of this.

 

 

[Mr_B 3]

Careful not to jump the gun. You won't be able to qualify for DCF until she has actual proof of an accepted job offer by the employer. 

 

By the way, do not read the IR1/CR1 lockbox process, as DCF is different in many ways. Everything happens at the same time (for example, the consul worker creates a DS-260 case number immediately during your first meeting for the I-130) and you only communicate with the embassy, never with USCIS directly. Also, things you think you need based on IR1/CR1 process, you really don't... like certified copies of marriage/divorce records etc. The consulate can just accept a Xerox after taking a look at the originals you brought.