How do I know if the US embassy in Albania has a consulate? How do I start applying from the states? Do I just REDO everything??????? Pay again? Is everything we already did basically trash now?

David, from what I have read on this thread, the Sydney Consulate will be forwarding you and your wife's paperwork to the closest USCIS center. I am guessing that they will complete the process. Now I don't know which center that would be for Australia or how much longer it will take.

All I know is I have to re-think my gameplan. It looks like I'll be doing a K-3 / CR-1 right now. Ugh. I hope that it can be processed in a reasonable time frame once I file it in a few weeks. Ugh Ugh Ugh. Damn this sudden change.

He might be able to visit but it would either be some Visa Waiver or a Tourist Visa. I am not taking that chance once I file for my wife's K-3 / CR-1 visa. I have read that she can visit me in the US but it's risky because there is a possibility of her getting denied entry if they think she will not leave within the 90 day period. It would then be a minus come interview time. If anything I'll just come see her until the time is right. I like Australia. I just wish I could accumulate the same vacation time they do!!!

Well, I just wanted to add that I too was burned by this. I had planned to take 3 weeks off work in February to go to Ukraine, marry my fiancee, and then file I-130 with the US embassy in Kyiv. I have all my appointments and wedding plans laid out and paid for and now this. How can our government make it so incredibly difficult for families to be together while at the same time doing nothing about millions of people illegally crossing our borders. It's just beyond words. I wish everyone the best of luck in trying to deal with this latest setback.

Any ideas on what to do next?

You said you filed your I-130 already. Guess where you filed it? AT THE CONSULATE (WHICH IS ATTACHED TO THE EMBASSY.)

PS. You are not reading the posts or understanding what is being said. You previous petition has not been canceled forcing you to re-start.

Okay, I am now confused, but MAYBE happy. Yes, I am reading the posts, but I am confused, scared, and sad while I read them so I apologize if it seems that I'm not getting it.

So, I will NOT need to restart? Will my I130 need to be sent to the US to be adjudicated or the consulate can do it?

Sorry for so many questions... just want to try to sleep tonight.

Thank you!

The information that has been issued do far says the consulate will send your petition to a USCIS field office to be processed. Stand by as more information will be coming in the next few days.

The consulate cannot, but the nearest USCIS office can. I am not sure where that is in your case, but that should be easy to find out. How long it will take? Well, I am trying to find that out for myself right now.

As suggested to me by a fellow VJer for those already filed DCF...contact your local Congressman.
As for everyone else, sorry but refiling K3 or CR/IR1 visas...the wait again...

I wonder with the whole new batch of ppl unable to now file DCF, since they will be filing now in the US, will the processing time be ever longer?

But VJ should change this forum to "People who 86ing DCF screwed" so we can all share our progress and any new info. Funny thing is, when I looked into DCF after looking into the K3 it seemed too good to true...

Bonne Chance everyone! I really hope we all can find a solution.

In my opinion, the best solution is we fly all our loved ones into Mexico and have them walk across the border. Really though...I don't have any problem with the forms, documentation, etc. What I have a problem with is the wait! They need to hire as many people as necessary to get the wait time down to say 1-2 months. It was because of the ridiculous wait that I chose to go the DCF route and get married in a foreign country in an attempt to be with the woman I love. It shouldn't have to be this hard. I realize I'm preaching to the choir here, but really...they need to do something about this process. It's going to be worse than ever now.

Okay, I'm just reading this now, and I'm confused and very worried!

My plan was to stay with my fiancee in Canada for a few years, marry her, and then apply for DCF. Does this new announcement mean that I'll have to do something different now? Does it mean that DCF is effectively eliminated?

I can't imagine how slow the entire process will be now! From what I've heard, it was pretty damn slow to begin with, but having all the people who would've DCF'd do other visas will just clog up the works...

Sorry but unfortunately so...
I was thinking the same thing...the process is slow enough as it is... will this make it even more slower?

Yes, DCF is effectively eliminated. (At least for now.) But if you weren't planning on filing for a few years, you have plenty of time to do a 'regular" (K-1/K-3) visa request....

Sounds like a plan
And you are right, no it should not be this hard...

So I'm still thinking about all this and I have to wonder...in this age, how hard can it be for them to get access to this database? Maybe we can have someone go in an teach them how to use the Internet? What do you think? I'd be laughing right about now if I wasn't so utterly disappointed.

Have u found out if this will affect you?????

How do u know if it is a uscis facility????????

How do I know if where I DCF'd is a conulate or embassy? Did u get any answers to your question?

Can't you get in trouble for doing that? If not, this might be an interesting option then.

My wife and I are both still in The Netherlands, and we were going to submit an I-130 tomorrow at the consulate! The plan was/is that my wife would go the U.S. next month (to start her job) and I would follow a month later or so (DCF usually takes 60-70 days)

I understand we have to send the I-130 to Vermont now. I looked at the timelines but don't really understand yet what route we should take after the I-130 in order to be together again asap.

For those living in Europe, the USCIS overseas offices and sub offices are here
https://egov.immigration.gov/crisgwi/go?act...offices.summary
I hope that helps.

Sheigh

Can U.S. citizens who are European residents submit their I-130 to a overseas USCIS suboffice then?

We were going to send in our DS-2001 today, we just filled out the Visa Application the other night. We are at a loss for words. We were going to buy our tickets today... I am so glad that I woke up for some reason at 5 in the morning and went on VJ for the hell of it.

But I am trying to stay calm. Our I-130 was approved on Dec 11, 2006. We already have done the medical exam. Hopefully they will be able to find out very soon that I am not a sex offender so that our process can get back on track. We have a 15 month old girl and getting to the US asap is very important to us, staying in Brazil is not feasible for us anymore. I will call the consulate in Rio de Janeiro today, find out what is going on, and then write emails to my Representative and both Senators.

To those others who are caught between I-130 approval and Visa Interview.... stay calm. Hopefully this will work out for us, and soon. If anyone here knows of other sites where this information has been posted (other than Paris and Kiev) please post a link.

US Embassy in Sarajevo, Bosnia:


ALIEN RELATIVE PETITION
The American Embassy in Sarajevo is no longer able to accept immigrant petitions for immediate relatives (I-130 petition). These petitions must be filed with the Department of Homeland Security's Citizenship and Immigration Services (USCIS). The I-130 petition and more information about filing it can be found at USCIS site.

Approved immigrant petitions filed for beneficiaries resident in Bosnia and Herzegovina will be forwarded from USCIS to the American Embassy in Zagreb. For details regarding immigrant visa interviews, please contact the Immigrant Visa Section of American Embassy in Zagreb, Croatia: 385-1-661-2300, or visit the website at http://www.usembassy.hr/consular/iv/index.htm.


http://www.usembassy.ba/visas/alien.html

According to the limited information that has been presented, not at this time.

I just sent an email to Senator Harkin. I find it ironic, as a parent who is not able to support his 15 month old daughter without help because foreigners cannot find work in Brazil, a law which was passed to protect children is actually hurting my child!!

Amy this is what is saying about our embassy....Tirana, Albania Consulate

Filing the I-130 petitions
Due to recent changes to U.S. Immigration Law the U.S. Embassy in Tirana will be unable to accept any I-130 petitions. Effective January 22, 2007, all I-130 petitions must be filed in the United States.

It doesn't not say anything about transfering or canceling the approved ones. Am I right? Amy and I both are on the last step waiting for Packet 4 which is the medical and the interview date.

This bill became law on the date of enactment July 27, 2006. Homeland Security and the State department totally dropped the ball on this one.

Link

This link is also interesting.

This tells me that the petitioning process could be even longer now if all they need to provide additional checking. I need to file my K-3 soon.

avoci,

How could you? Ask the several female teachers in the USA who have gained notoriety for having sex with their under-age male students.

Yodrak

We had one locally, personally I feel gutted, where were they when I was at school?

Teacher surrenders in sex case

By Chris Barge, Rocky Mountain News
November 15, 2006

A Brighton Charter High School teacher accused of having sexual contact with a 17-year-old male student while chaperoning a school camping trip turned herself in at the Jefferson County Jail on Tuesday morning.

Carrie McCandless, 29, was arrested on charges of sexual assault on a child by one in a position of trust and contributing to the delinquency of a minor. She was released on $20,000 bond.

Brighton Police spokesman John Bradley speculated that she turned herself in at the Golden jail, rather than in Brighton or elsewhere, to avoid local and national news media outlets tracking the story.

Tuesday afternoon, Brighton Charter School Board President David Mundy Sr. also responded to a summons for his arrest on charges of failing to report child abuse or neglect and tampering with a witness or victim, a felony. A court date was set for Dec. 6. The charges carry a maximum penalty of six years in prison and $500,000 in fines.

McCandless, a social studies teacher, took a group of students to Estes Park the last weekend in October and allegedly wound up in a room alone with a 17-year-old male student at the YMCA of the Rockies.

An adult male was scheduled to go but had to cancel at the last minute, making McCandless the only adult chaperone, police said.

After interviewing about a dozen people, police brought the case to the Larimer County District Attorney's Office last week and recommended charges.

McCandless is the wife of school Principal Chris McCandless, neither of whom have returned phone calls seeking comment.

Carrie McCandless, who has been fired by the school board, has her first court appearance at 1:30 p.m. Dec. 5 in Larimer County.

Photo here, pretty hot. http://www.foxnews.com/story/0,2933,241539,00.html

Isn't this what the Police Check and records are supposed to do when we petition? Why couldnt they just add that the petitioner include police records with their application? Seems like it would be easier rather than throwing the baby out with the bathwater.

This really has hurt so many honest people. I feel sooooo awful for those people who have invested more than my husband and I have. I cried myself to sleep last night thinking of all the loves and lovers who have waited and waited and planned and traveled...
And there is nothing we can do about it because once again, America says your guilty until proven innocent. Blah.

right on the home page... scroll down a little

http://tirana.usembassy.gov/

I just spent 90 minutes on hold with the Rio Consulate to try to get information. After finally losing my patience, I called the general information line and found out that the Consuls are in an emergency meeting all afternoon. BUT NOBODY BOTHERED TO TELL THE SWITCHBOARD!

I am seething with rage right now. Time for a nap.

I did the same...I cried for those whose lives are put on hold by this process, for those who may have to start over after all the hoping and planning, for how utterly hopeless this process makes a person.

As far as I know, it is perfectly legal. Perhaps the forum on Adjustment of Status (AOS) will provide more information. If you look at the first page of the I-130 application, there is a box there in the USCIS OFFICE ONLY use that says "I-485 Filed Simultaneously". You may also want to read page 2 of the I-485 under Who May File.

I'm afraid I don't know more beyond this.

Good luck.

All right after a (bad) night's sleep and working today... I feel no better. I still, at a loss for words... no new ideas... but as I looking at the visas the CR/IR1 still sounds the best... even though it is soooooo slow.
I feel terrible for all of you right in the middle of filing, this will surely put a hold on things.

I am in contact with someone who works for Senator Harkin, she is working on getting information for me. I'll post whatever she tells me that is relevant.

Just a thought: How much faster would it be hiring an attorney to help? I bet not that much faster. I got a card off of someone today who is good friends with an immigration atty for high profile people. Who knows, just for the h3ll of it, I will call and inquire.

Any replies to phone calls and emails to Congressmen and consulates?

Not giving you any legal advice, but I hired a immigration lawyer for myself to help me with my INS issues (getting my GC) years back. The lawyer took me on 3 year long whirlwind ride of BS... He got all my money and I got a long wait for nothing. The thing with laywers is they say they file the paperwork, but many times they donnot. They just ask for more money. After I fired my laywer, I refiled myself my case was proved within 4months. So myself, I will never use a laywer (unless I really really have to)... That is just my experience...

I feel the same. Even if I could afford it, I wouldnt pay for a lawyer. The immigration process is difficult, but it is not quantum physics.

Posted yesterday (or today) for Toronto:

Effective January 23, 2007, due to the provisions of the 2006 Walsh Act, PL 109-248, all immigrant petitions (I-130) must be adjudicated directly by mail with CIS in the U.S. The Department of State overseas, at any U.S. Embassy or Consulate, can no longer adjudicate I-130s. Therefore, U.S. Consulate Toronto will no longer accept I-130s. All petitioners resident in Ontario must file I-130s by mail with the CIS Service Center having jurisdiction over your U.S. place of residence. If you have no U.S. residence you may file an I-130 by mail to: USDHS/CIS Vermont Service Center, 75 Lower Weldon St, Saint Albans VT 05479. Before filing any I-130 please see www.uscis.gov/portal/site/uscis and follow links on services to permanent resident.

Beneficiaries of approved I-130s will receive IV instructions from: Department of State, National Visa Center (NVC), 32 Rochester Av, Portsmouth NH 03801-2909, http://travel.state.gov/visa/immigrants/ty...types_1309.html. After the beneficiary completes all required IV steps with NVC, NVC will send the beneficary's approved I-130 and IV file to Montreal, which will further correspond with the beneficiary, and eventually offer an IV appointment.

Total I-130 and IV processing time may be 12 months for beneficiary parents, spouse or minor children of U.S. citizens in Canada, who correctly follow all required instructions on a timely basis, longer for others.

Hiring an attorney won't speed up processing time.

Regardless of what they might tell you.....

US Consulate in Jakarta hasn't updated their website. It's still saying that they accept I-130 application at their consulate. I am sure they are just late.

12 months best case??? I hope Australian immigration doesn't take as long.

It may be quicker elsewhere. Montreal (the only consulate here that issues CR-1/IR-1 visas) is very very slow with interview dates.

I'm not sure how to respond to the suggestions and criticisms in this thread --many of which I am disappointed to read.

I invite you all to read this thread, which clarified a bit more: http://britishexpats.com/forum/showthread.php?t=421108

Some information which may help someone here:

The Embassy/Consulate distinction has nothing to do with it. The presence of a USCIS Field Office may make a difference. Note that the DCF Guide and the CFR lead you to the names of the foreign cities with CIS Field Offices.
It will be interesting to see if I-130s filed with one of these offices will still be recalled for readjudication.

I personally do not think that contacting an elected official is an appropriate response; rather, I don't think it will net any of you any joy. This is very similar to the IMBRA implementation if anyone wants to study what has happened before.
And, since this is something that has *just* happened, bear in mind that news and policies are not rolled out in a perfect package--give some time for post to learn about the change and what they will have to do differently.

And finally, remember that you are NOT entitled to this service (filing abroad). This has always been something that the Consulates have done as a favor, and only by the special permission of USCIS. It's not like there is no remedy available for you, and Stateside filing is not the same burden now that it was a few years ago. IE: a six month wait is not the same as a three year wait.

edit to add CFR link: http://www.uscis.gov/propub/ProPubVAP.jsp?...52bd97b8937ce80