I just spoke with the very helpful lady who we spoke with in the Auckland consulate last week. According to her, there are still negotiations about this whole DCF issue, and that they were told to let people know it will probably be an additional week before anything is finalized.

Sorry I can't offer more information, but I hope this little bit helps.

Sorry about that I thought that you had said in a previous post that you were German.

I apologize. It must have been someone else. i dont really remember the names just the places ppl are from.

We been hearing one more week, one more week. There have been posts of rumours and what one embassy said....... If you call NVC and give them your petition number such as KEV#######, you will find that all they noted is that your case has been delivered to USCIS. No processing has been started as of yet if you call the USCIS offices overseas. There is no instruction posted if you goto DOS or USCIS instructions. THERE IS NO INSTRUCTIONS AS OF 2/14/07.

So my point, none of our applications, those who filed DCF between 7/26/06 thru 1/23/07, have been touched with the exception they should of been mailed to the closest USCIS office. NONE of these offices have any instructions as of yet and do not know when they will recieve. We all need to sit back, have no choice, and wait. I read this site twice a day and get excited when I see news, and then realize there is no substance. My wife was at her 1/23 appointment when she got the news to go home. I have not recieved one letter since, but talking to DOS, USCIS, and the embassy's, they have no idea when they will process. I would trust that more than gossip on this site, since all the embassy's will get the same message when its sent. They all reacted the same day when they were told to stop processing.

So currently, all that should of happened is your approved petition was place in a box, mailed to the closest USCIS post overseas, some have been accidentally shipped to the US, when given instruction, they will process our background checks and send back to the embassy that you filed for a new interview. No five day thing is written anywhere, no one more week, no nothing. I hope its true, but it would be pure luck. Its been over 3 weeks already and nothing. And as far as DCF coming back??? Where did that come from. Might come true in the distant future, but for now, if you qualify as a resident of a country with a USCIS office such as Moscow or Rome...... then you are the only ones that can file DCF, and actually, its not even a DCF, its same as filing K-3 as if you lived in the US and filed with the USCIS having juridisction over you home. However, it will be quicker. We will here soon I am sure.

This morning I phoned the USCIS office in Lima, Perú. I was told that they have received apps from all over South America and that they have begun to process them. In addition, the officer I spoke with said that she could not give me any detailed information about my case and that I should call back in 2 to 3 weeks for specfic information. <---From the horse's mouth!
Best believe, I will be calling back in 2 to 3 weeks!!

hope you are right, I was told the same Feb 6th, then called again Feb 13, and told me they were still waiting for instructions. I call one embassy and get good news, then call another, and they tell me they do not have any idea where they got that info from because they have heard nothign??? So one time one story, next another. And others had same experience. Maybe they tell us what they think we want to hear to passify us, some may tell us the truth, and others may tell us what they think. All I know is until I see it in their handbook as instruction, which we all have access to, as well as everyone starts reporting the same answers, I will keep control of my wishful thoughts. I am very optimistic we will soon hear, its a great law, just poorly initiated. I will believe what I hear when their instructions are posted. They are very prompt at posting as they were on January 23rd.

I don't think the US government even took into consideration the american citizens who are permanent residents of a foreign country and married to a foreign spouse and how this would affect them if they decided to move to the USA.

I am an American citizen, married to an aussie husband and migrated here to be with him after getting married in australia. The process was much easier than what I am now going to have to go through in order to move back to the US to be closer to my family. My father is in extremely bad health and it would be better for me to be there and spend some time with him and to help my mother when the time comes for my father to have to be placed in hospital or having to make several trips to and from the hospital.

I came to OZ on the VWP. Had no intention of getting married here, we had made all of our plans to do that in the US because my family is much bigger than my husband's. However, circumstances change and after being here for over a month decided to get married here. I called australian immigration told them my situation, asked what I needed to do to be able to stay with my husband and they directed me to their website, sent me forms to fill out and we paid $1800AUD, filled out the application for my temp residency and spousal visa, submitted all the required documents and evidence of a genuine relationship, went through the interview, medical exam, police clearance checks with the FBI, etc and was granted the visa. I was able to work, apply for medicare (the national health care system) and stay and wait for the second phase of being granted permanent residency. Close to my second year anniversary here, the dept of immigration sent me a packet with the forms I needed to fill out, submitting once again the evidence of an ongoing marriage/relationship. I sent the packet in, and 2 days later they sent me my approval letter and I went and had the visa put into my passport.

There was none of this fill out one form for this with a fee paid, then another form and another fee, oh and more forms and more fees! Geez! And let me tell you, the stuff I had to submit to the australia immigration dept was the same kind of things we will have to supply to the USCIS. Thank goodness I kept all of that stuff!

I just hate that I will now have to go another route other than DCF. Not going to be easy for this permanent resident of Australia who has been living in OZ for the past three years and not working in the US. No job lined up in the US. I do have a domicile that I have kept in the US in order to keep my US driver's licence current. Thank goodness for some foresight on my part there. But they have you between a rock and a hard place in actually trying to keep you from being separated as husband and wife! So it looks like I will have to go to the US, secure a job and a place to live and file for a K-3 visa along with the I-130 application as well as file all of the other damn forms and fees as they go through each step of the process. Not happy about this at all!

Do u mean they began processing already approved petitions (before Jan23th) or accepted new ones as well?

When my husband spoke to the woman at the Consulate in Auckland today, she said to just wait another week as they were still in negotiations over the matter.
I think this is why, because there are actually Americans resident in other countries around the world and things will begin to get very difficult (not just for those trying to obtain visas) when people are trying to explain and deal with their situations and USCIS took away the one method of processing that catered for it. They have to realize that by now.

My husband and I (and many others who have received positive information) feel as though DCF will definitely make a come-back, it will just be after they've sorted out the process for it properly (background checks, etc) as this wasn't something that had to happen before.

The consulate here said they had been receiving emails/news about the situation, that they were still working out the finer points, but that the option would almost definitely open up again.
She even raised the option of my husband just staying an extra while in New Zealand with me, as she figured there would be a positive decision soon and it seemed a waste to go all the way back to the U.S, only to return for a five minute interview.
I'm not sure, but i really don't think shed suggest something like that unless what shed been sent on the matter was positive.

Its tough. Really tough. I'm still battling with the situation in my head. I never know what to expect with these people. My husband has a much more optimistic approach, but i think its rubbing off on me.

Sadly as of yet I have no more official word as to when the official "cable" as it is called is going to arrive. I can only speculate as to what the hold up is now. I'm suprised it's taking as long as it has after reading the last message I saw regarding all of this.

I can say that Consular Sections and USCIS offices alike are both very anxious to get the 100% business as usual notice.

In the last message I saw the required additional checks are going to be done via email in the future. So time in the mail shouldn't become a factor.

I know CIS in Moscow has recieved over 300 petitions and is getting through them fairly quickly, and should hopefully have them returned to the appropriate consular sections within a few weeks.

There have been a few cases I've heard of where consular sections have accepted I-130 petitions after the ban was but in place in the last little while. 1 case after ok was given by a CIS office for them to accept it.

Sorry, I wish I could give more good news.

For now I'm keeping my fingers crossed.

Sorry for not being clear about that. I was speaking of already approved petitions, ones that where pending before the 23rd of Jan.

I just wanted to hear some good news!
Today I called the USCIS office at Vienna and they told me that till yesterday,Feb,14th they all thought DCF is coming back.I asked if they had expected anything positive to happen,but she answered-I don't know anymore,we've been expecting that for a couple of weeks-yes,it's gonna happen,yes,it's gonna happen,but then yesterday from Washington they said that -well,maybe not.you'd better call again over the weekend for more information.
I don't want to disappoint you guys-it's just what she said,it doesn't mean it's gonna happen

Meh, I wouldn't worry about that. Time makes people skeptical. God knows its doing that to all of us!
If there are laws and regulations to sort out, then it will take time.

I emailed my husband's local consulate and basically their reply was "We are not excepting any apps in this office and have nothing to report as far as changes to the new law." Instructed me to file in the US if I am living in the US and in Rome if I am living with my husband in his country.

QUOTE

Dear Madam:



As you are already aware No petition are accepted at post. If you will be Resident of Algeria you can fill out a petition I-130 for your husband with USCIS, Rome , for more information check on their website: http://italy.usembassy.gov/dhs/uscis/default.asp . If you are resident in USA you should petition with USCIS under your jurisdiction see : www.uscis.gov

Upon your husband’s petition will be approved and processed, the petition will be forwarded to Algiers for visa processing.



Sincerely,



Consular Section

Ah, Aneta, thanks for that update, although it really casts a dark shadow on things! Arrrgh! I really hope it's just a delay and that they figure out a way to work DCF out, but that "maybe not" does sound kind of ominous.

That quote makes no sense to me unless for some reason Rome has special powers to take applications from other countries. I havent seen any foreign USCIS take any app's from another country other than the one they are in.

If any one knows more on this could they clarify this because if I could I would file in Rome myself or Vienna (my sub office).

Is this a new law or just a general @#$% up on the gvmnt side?


Sorry I meant to quote Henia



"
I emailed my husband's local consulate and basically their reply was "We are not excepting any apps in this office and have nothing to report as far as changes to the new law." Instructed me to file in the US if I am living in the US and in Rome if I am living with my husband in his country. sad.gif
QUOTE


Dear Madam:



As you are already aware No petition are accepted at post. If you will be Resident of Algeria you can fill out a petition I-130 for your husband with USCIS, Rome , for more information check on their website: http://italy.usembassy.gov/dhs/uscis/default.asp . If you are resident in USA you should petition with USCIS under your jurisdiction see : www.uscis.gov

Upon your husband’s petition will be approved and processed, the petition will be forwarded to Algiers for visa processing.



Sincerely,



Consular Section


"

I believe Oz petitions are meant to be forwarded to Bangkok's USCIS since they have jurisdiction, and Oz has no USCIS offices. This hasn't been the *official* word, but one of VJ members' wife got told in her Sydney interview that it will be fwded to Bangkok, but then when they emailed the Consulate days later they said we dont know yet, havent been told etc...

So far no news about the official cable telling Consular sections to accept I-130's again.

On a positive note Moscow CIS has started mailing back petitions to the originating offices en masse.

And just to add to the rumor mill:

I spoke with USCIS in Vienna today, and the lovely man there told me that as far as he knew, there was every indication that DCF would be coming back in some form or another, but that they had recently gotten instructions to "not do anything" until final word came from Washington. "We hate feeling like idiots," he said, "telling everyone to call back in a few days, and then still no news, but that's the situation."

I talked to the Italian Embassy this morning and they insist that they always have and always will accept I-130's. They said processing time is 4-6 months....is this true?? They were skeptical to accept my petition since I live in Spain and they don't believe that Madrid can no longer accept them. But eventually they agreed that since they have jurisdiction, they are oK. Anyone gone through the process in Roma? What do I need to prove I am a resident of Spain? I have a certificate registered in the town hall...is that enough?