How to file I-130 DCF in Netherlands?

[DCFinAmsterdam 2]

Hey all,

 

This has probably been answered before somewhere but my wife and I have been wracking our heads around this and trying to figure it out. As Dutch residents, *how* do we file a I-130 to DCF under the field office in Frankfurt?

 

We most likely qualify: I am a US citizen living in the Netherlands and have received a job offer in the USA starting in 5 weeks.

 

I tried sending an email to the consulate asking for instructions: no response. There is no phone number. I looked at the website: "A petitioner seeking to file a Form I-130 at an Embassy or Consulate where USCIS does not have a presence should contact the Consular section to request consideration of the request for exception and explain the circumstances in detail." So we know we should contact the consular section, but we need to find out how!

 

Thank you in advance for your help. The clock is ticking and my wife is wracked with worry about not being able to go with me on time.

 

[Hypnos 6,576]

You would likely need to contact the immigrant visa section of the US embassy in Frankfurt and plead your case to them.

 

https://de.usembassy.gov/contact-the-immigrant-visa-section/

[DCFinAmsterdam 2]

16 minutes ago, Hypnos said:

You would likely need to contact the immigrant visa section of the US embassy in Frankfurt and plead your case to them.

 

https://de.usembassy.gov/contact-the-immigrant-visa-section/

I'm not sure this will work: I noticed in most timelines that have DCF in countries w/o field offices that they submit the I-130 to their local embassy or consulate first, then wait for the local consulate to request approval from the field office to file the petition. I'll send an email and see what happens though

[Hypnos 6,576]

I had always assumed you contacted the DCF office but you may well be right, and it would be the immigrant visa section of the embassy in the Holland that you instead contact. 

Edited February 4, 2019 by Hypnos

[Just Paul 4,591]

Yes you would need to file in the netherlands.   Have you tried contacting the ACS office there? https://nl.usembassy.gov/shortcode/acs-contactinformation/

 

I know of others, albeit in different Embassy without USCIS office, that have asked for and gotten a DCF because of similar circumstances.

 

Here is the internal details of how the DCF is processed when there is not  an USCIS Filed Office   https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/August/Locally-Filed_I-130s_Interim_PM_Approved_for_Pubic_Comment_8-8-11.pdf

 

Best Wishes!

[Crazy Cat 39,335]

5 weeks?  I would develop a plan B.

[Just Paul 4,591]

2 minutes ago, missileman said:

5 weeks?  I would develop a plan B.

He can file and depart.  There is no requirement that he stay in country.   But you are right there is no way it will get ALL  done in 5 weeks. 

[Crazy Cat 39,335]

6 minutes ago, Paul & Mary said:

He can file and depart.  There is no requirement that he stay in country.   But you are right there is no way it will get ALL  done in 5 weeks. 

I'm aware that he can file, then leave.  I was talking about the last sentence about his wife being afraid she won't be able to go with him in 5 weeks...

[DCFinAmsterdam 2]

1 minute ago, missileman said:

I'm aware that he can file, then leave.  I was talking about the last sentence about his wife being afraid she won't be able to go with him in 5 weeks...

I guess I'll be able to enjoy a few weeks of bachelor pad life in America before she gets here 😂 Chinese takeout here I come

[Crazy Cat 39,335]

1 minute ago, DCFinAmsterdam said:

I guess I'll be able to enjoy a few weeks of bachelor pad life in America before she gets here 😂 Chinese takeout here I come

Unfortunately, being away from our spouses is difficult to avoid during the immigration process.  But your plan to file DCF will certainly minimize that time apart.  Good luck on your journey....

[carmel34 3,531]

If DCF doesn't work out, and I hope it does, then you can file the I-130 petition for her while you are in the US and she is in the Netherlands.  The process takes 12-14 months currently.  DCF is much faster so that would be the first route to try.   Read and study all the guides here on Visa Journey about the I-130 process. Good luck.

[millefleur 5,037]

8 hours ago, DCFinAmsterdam said:

We most likely qualify: I am a US citizen living in the Netherlands and have received a job offer in the USA starting in 5 weeks. 

I didn't know getting a job offer in the US qualified someone for DCF? I thought it had to do with emergency circumstances?

 

Do let us know if you are successful on your DCF journey.

[geowrian 22,335]

10 hours ago, millefleur said:

I didn't know getting a job offer in the US qualified someone for DCF? I thought it had to do with emergency circumstances?

 

Do let us know if you are successful on your DCF journey.

A short notice job transfer is listed as an example circumstance that may qualify for exceptional circumstances for DCF.

Every decision to accept this or not is a judgement call. A new job offer may not qualify versus an actual transfer.

[DCFinAmsterdam 2]

Follow up: I sent another email that they promptly replied to, telling me to send a letter detailing our situation, job offer, proof of Dutch residence, and passports, which they'll look at and forward to the Frankfurt field office if appropriate.

[Hypnos 6,576]

Please let us know how it turns out. It will be good information for others who may find themselves in similar circumstances.