I want to marry my Dutch queen - where should I start the paperwork

[tobe1424]

Hello all,

 

After a break up and reuniting with a beautiful woman with a big warm heart I met a few years ago. I am ready to pop the question a year and sometime after dating. The situation is a bit different. It’s a long distance relationship yet we see each other at least a week every month and our communication is superb.

 

She is Dutch (from the Netherlands) and I am American. My question is, once I propose to her – I have a feeling I will seal the deal – what would be best? Starting the marriage paperwork in her country or in the USA? Has anyone gone through this process?

 

The reason I ask is because a few days ago I met a couple (American-Brazilian) who mentioned to me that it would be ultimately easier if you start the paperwork at the American consulate at her country. We ultimately want to live in the USA. As a matter of fact, it is a priority for her to jump start her life in the USA asap.

 

I apologize if this is the wrong place to ask these types of questions. However, I usually start here.

[Tayla]

Each of you will need to confer with your consulate of your countries.

 

Congrats on your pending proposal!

 

I loved the nederlaans, and fell endearingly in love with a lad from there.

 

Anyways, sort out the finances and fiance visa. Most folks who are moving here to the USA will need to understand the laws and processes . the embassy should be able to guide. Most do hire an immigration lawyer and have a pre plan for the person who will reside here pending the nuptials.

[tobe1424]

Thanks for the feedback!

 

We are both on a short budget. I hope this doesn't end up being expensive and a lengthy process. What ever the process might be, we are willing to straddle up for it. For the most part are only concern is that we are going to spend plenty of money. However, we do plan to do this ourselves instead of seeking a lawyer.

 

If we are willing to make all the calls and schedule appointments/visits, correct me if I am wrong, but why would I need a lawyer?

 

Anyhow, I know you are only throwing it out there because it is what most people do.

 

We are 100% in love and plan to keep it that way. The hard earned money we have saved up should go into household purchased.

 

I suppose a few calls to the consulates will shed light on the process. I was hoping someone knew the exact process so I can have an idea.

 

I will try to document as much as possible

[Zagan]

Yes, try to document as much as possible.

[tobe1424]

I was really curious to know why it would be easier to get married in holland versus getting married in the US?

[tobe1424]

I found this useful link..

 

It talks a little about getting married over seas and getting married in the USA; appropriate steps needed.

 

Moreover, it doesn't really talk about advantages or disadvantages of getting married overseas vs in the usa

[tobe1424]

To 10 Questions on How to Bring Foreign Fiancee or Spouse to USA - Marriage Immigration Visa

[tobe1424]

You can get high at your wedding in Holland. Surely that's reason enough.

 

jajajaja sure will celebrate if I was in holland.

[pie2]

I was really curious to know why it would be easier to get married in holland versus getting married in the US?

 

You could:

 

• Bringing her here on a fiancee visa and then get married in the US
  
• Get married first in the Netherlands, and then bring her over as a permanent resident
  
• Go to the Netherlands to start a fiancee visa application from there, come back together and then get married
  
• She could already be here on a visitor/student/work visa, and then you would have to look at the options for applying for a fiancee visa
  

 

And each scenario would have a different process. You don't want to mess up any of the paperwork and cause more expense, further delays, and a lot more headache. I think that's why some people suggest getting a lawyer.

 

And I think each scenario carries a different burden of proof. I think fiance situations are probably scrutinized closely to watch out for fraud, whereas marriages are a bit more permanent. Either way, most of these applications are probably looked at very closely for cases of fraud.

 

In general, I think you are on the wrong forum. You should search for an immigration-related website (VJ or I2US, for example).

 

Best of luck! You sound very head-over-heels .

[Tayla]

ToBe1424-

this is one time where having a legal immigration lawyer is wise. (1) they understand the rulings of each country. There is a waiting period for couples wishing to get married. there are interviews that will spell out the Guardianship while they await their visa. (2) With the USA tighting its rules for USA Citizenship and Dual citizenship, some background will need investigated.

 

Be it here or abroad, the rules of civil ceremony stand.

 

since you conveyed that she will be residing here, get the fiance visa, and then have her reside here for the first six months prior to marriage.

[Lady2163]

Add me to the list telling you to get a lawyer.

 

You've chosen to marry a foreigner. This is the price you pay. The end result will be you get to be with the woman you love for the rest of your life.

 

This isn't going to be fill out a one page form and you're done. Depending on how thorough a job they do, you may have problems if money is that tight for both of you. So often they want to know that by allowing her in the country she can be self sufficient or the two of you can be self sufficient.

[tobe1424]

Thanks for all the feedback again...

 

We are now officially engaged

 

I scheduled a meeting with the immigration offices and they told me what I have to do. I see what you mean with respect to the fraud. Everyone seems so serious in there.

 

Anyhow, after some leg work and research I have noted what are the forms and exact order we need to follow. However, they are pricey!!!

 

The initial i129f is $340 then once we marry(which im sure will cost more money) we will need to fill out an i485 which is another $1,000 !! and then once we get approved we may each need to file for a i-751 form which is another $500

 

This is extremely ridiculous! I understand there is a lot of fraud which impedes a legitimate couple from a smooth process, but will a lawyer actually give me shortcuts and tricks of the trade to make my life easier and worth paying even more $$

[Goodbye]

Thanks for all the feedback again...

 

We are now officially engaged

 

I scheduled a meeting with the immigration offices and they told me what I have to do. I see what you mean with respect to the fraud. Everyone seems so serious in there.

 

Anyhow, after some leg work and research I have noted what are the forms and exact order we need to follow. However, they are pricey!!!

 

The initial i129f is $340 then once we marry(which im sure will cost more money) we will need to fill out an i485 which is another $1,000 !! and then once we get approved we may each need to file for a i-751 form which is another $500

 

This is extremely ridiculous! I understand there is a lot of fraud which impedes a legitimate couple from a smooth process, but will a lawyer actually give me shortcuts and tricks of the trade to make my life easier and worth paying even more $$

 

 

I travel to the netherlands regularly for work and I suspect the immigration fees you'll pay will be far less than commuting overseas regularly. As it seems you've concluded, her immigration to the US is less complicated than immigrating to the netherlands. Anyway, congratulations on your engagement.

[clia]

Thanks for all the feedback again...

 

We are now officially engaged

 

I scheduled a meeting with the immigration offices and they told me what I have to do. I see what you mean with respect to the fraud. Everyone seems so serious in there.

 

Anyhow, after some leg work and research I have noted what are the forms and exact order we need to follow. However, they are pricey!!!

 

The initial i129f is $340 then once we marry(which im sure will cost more money) we will need to fill out an i485 which is another $1,000 !! and then once we get approved we may each need to file for a i-751 form which is another $500

 

This is extremely ridiculous! I understand there is a lot of fraud which impedes a legitimate couple from a smooth process, but will a lawyer actually give me shortcuts and tricks of the trade to make my life easier and worth paying even more $$

 

On the positive side from a financial perspective, you'll have some time in between the K-1, to the adjustment of status, and the removal of conditions. So, you don't have to pay it all at once.

 

You don't technically need to hire an attorney. Lots of people do it all on their own and there is great advice over on the Visa Journey forums about what to file and when. However, the benefit of the attorney is that you don't have to worry about trying to figure it all out for yourself and don't have to spend the time to figure it out. It can get complicated and there are a lot of supporting forms and affidavits that need to be filed along with the main forms. The attorney will take care of everything, tell you exactly what to do, and also attend the interview with you. To me, it was well worth the cost.

[Arabella]

Sure, having a lawyer would be nice. But you do NOT need one. The only thing a lawyer would do is advise you on the process and help you fill out forms. It's kind of like doing your taxes... having an accountant is nice, but you can do it yourself. The process is very much designed to be doable without a lawyer, and it is.

 

I came to the country as an immigrant from Europe many, many years ago. Very similar situation to how you met your woman. She is from a country that does not require a visa to visit USA for up to 90 days, so she could literally just buy a plane ticket and come over.

 

That's, by far, the easiest way. Buy the plane ticket, then come over to the USA and get married within the first couple of weeks.

 

You will then apply for what is called "Conditional Permanent Residency". It is conditional because you are using marriage as a basis. This means that, after two years, you will have to reapply again, and this time it will become permanent (10 years). She will also be eligible to file for Citizenship after 3 years.

 

You can't get deported when you have residency paperwork being processed, so you want to do this right away after getting married, and well within the 90 days window.

 

Here's some info:

 

Conditional Permanent Residence | USCIS

 

Naturalization for Spouses of U.S. Citizens | USCIS

 

Hope this helps,

 

-A

[clia]

Sure, having a lawyer would be nice. But you do NOT need one. The only thing a lawyer would do is advise you on the process and help you fill out forms. It's kind of like doing your taxes... having an accountant is nice, but you can do it yourself. The process is very much designed to be doable without a lawyer, and it is.

 

I came to the country as an immigrant from Europe many, many years ago. Very similar situation to how you met your woman. She is from a country that does not require a visa to visit USA for up to 90 days, so she could literally just buy a plane ticket and come over.

 

That's, by far, the easiest way. Buy the plane ticket, then come over to the USA and get married within the first couple of weeks.

 

You will then apply for what is called "Conditional Permanent Residency". It is conditional because you are using marriage as a basis. This means that, after two years, you will have to reapply again, and this time it will become permanent (10 years). She will also be eligible to file for Citizenship after 3 years.

 

You can't get deported when you have residency paperwork being processed, so you want to do this right away after getting married, and well within the 90 days window.

 

Here's some info:

 

Conditional Permanent Residence | USCIS

 

Naturalization for Spouses of U.S. Citizens | USCIS

 

Hope this helps,

 

-A

 

Entering the US on a tourist visa with the intent to marry and adjust status (stay permanently) is visa fraud. Some people do get away with it, but you should probably be very careful before following this advice.

[Arabella]

Entering the US on a tourist visa with the intent to marry and adjust status (stay permanently) is visa fraud. Some people do get away with it, but you should probably be very careful before following this advice.

 

If the relationship is real (ie, you're not coming to the US and then paying some random person to marry you), there's little to worry about, because you WILL be able to prove that you had a prior relationship. Throughout the process, they will ask for things like pictures, statements from people who know both of you, etc.

 

Throughout the years, I've met many couples who followed exactly the same process as I did. I don't know anyone who had any issues involving fraud.

 

You know who had issues, and often ended up giving up? People who tried to file for a Fiancee Visa first. Those often get denied, or take years to process.

 

Your mileage may vary. This was my experience.

[casey.lives]

Congratulations!! Marriage is what makes a woman a Queen truly and by following through .. you in turn make yourself a KING!!! see how wonderful it is to make someone else happy... it comes right back around. almost instantly!!!

[clia]

If the relationship is real (ie, you're not coming to the US and then paying some random person to marry you), there's little to worry about, because you WILL be able to prove that you had a prior relationship. Throughout the process, they will ask for things like pictures, statements from people who know both of you, etc.

 

Throughout the years, I've met many couples who followed exactly the same process as I did. I don't know anyone who had any issues involving fraud.

 

You know who had issues, and often ended up giving up? People who tried to file for a Fiancee Visa first. Those often get denied, or take years to process.

 

Your mileage may vary. This was my experience.

 

What I'm referring to has nothing to do with whether the relationship is real and proving that aspect. Fraud arises when you come into the country on a tourist visa (so your intent should be to visit for some period of time and then return home), but your actual intent is to marry and remain in the country. In other words, your intent is to immigrate, not to visit. You marry and don't leave. That is where problems can arise -- and especially so if you enter on a tourist visa, marry quickly, and then move to adjust status. It raises a lot of red flags because it looks fishy. Again, people sometimes get away with it, but if you are caught, it can result in a ban. It's illegal. Is that really what you are recommending he do?

[Arabella]

What I'm referring to has nothing to do with whether the relationship is real and proving that aspect. Fraud arises when you come into the country on a tourist visa (so your intent should be to visit for some period of time and then return home), but your actual intent is to marry and remain in the country. In other words, your intent is to immigrate, not to visit. You marry and don't leave. That is where problems can arise -- and especially so if you enter on a tourist visa, marry quickly, and then move to adjust status. It raises a lot of red flags because it looks fishy. Again, people sometimes get away with it, but if you are caught, it can result in a ban. It's illegal. Is that really what you are recommending he do?

 

I understand what you meant, clia.

 

The key of what you said is INTENT. And yes, I agree that you could potentially get in trouble if you get married too quickly. I misspoke when I said to "wait a week" because that would definitely raise eyebrows. He should wait at least 60 days to get married. So long as she doesn't overstay (90 days) her welcome prior to getting everything done, and they don't flat out tell the USCIS officers their intent, they should be fine.

 

People do this all the time. They just don't go telling the customs officers that they're here to marry their SO when they get to the border.

 

Will 30/60-Day Rule Help Clear Suspicion About Your Intentions Upon U.S. Entry? | Nolo.com

 

I'm not here to argue with you, clia. The OP is free to consider the information I provided at his leisure, and make up his mind. He can also Google and find many reports of people's outcomes one way or the other. I provided an alternative to the lengthier and more expensive process that, while risky, has worked for many people.

 

Good luck OP,

 

-A