I filed the I130 DCF for my husband on July 5,2006 (we were approved the same day). We have been told by the embassy in Albania and Vienna that our case is NOT affected by the new law. I called the Dept. of State because the US embassy in ALbania now refuses to communicate with anybody. The Dept. of State confirmed that my case is still in Albania and does not seem to have been afftected by the new law, but there is nothing they can do about the embassy's lack of communication.

I decided to contact my senator's office this morning to see if they could help. They said, "Well, if you filed your I130 overseas, you case IS affected by the new law.". I was flabbergasted! I told her that the Dept. of State, Vienna, and Albania all told me that our case is NOT affetced by the new law. She said all they can do is look into the case and they will have an answer for me in TWO MONTHS!!!

I feel strongly that my husband should have received packet 4 by now. We sent in packet 3 in the beginning of November.

Any thoughts or suggestions????

Thanks,
Amy

I will fill my I130 overseas Can you tell me, What is the new law ?

You should probably look at the DCF is back thread. . . Basically if you do not live in a country with a USCIS department then you are not (at the moment) allowed to file an I-130 at the embassy.

Do you know if United arab emirateshas USCIS department or not? thanks

Its not it looks like you're on the screwed boat with the rest of us.

Here you go check out the overseas offices. You will see UAE isnt one of them.

https://egov.immigration.gov/crisgwi/go?act...r.statecode=arm

Best advice is to wait out a week or 2 before you make a decision to see if DCF comes back or not. If it comes back then there you go. If not then it will probably be several months to years before something will change this dumba$$ move.

Thanks for the info

If this law won't change, where should I file my I130? we have an apartment in arizona.
I was wondering, where will I get interview? embassy? ( My family and I are living in UAE)

I was hoping for suggestions here (not more questions). Why would I have been told by two embassies and the Dept. of State that our case is not affected by the new law if it is???

LOOKING FOR SUGGESTIONS

Edited - sorry, I just read your first post and realized you had tried that option I suggested. It sounds as though all you can do is wait
I'm sure the guy who posted a question in your thread didn't mean to derail it, he is just looking for answers too.

There's quite a bit of evidence out there that the congresspeople and senators' offices don't know much about this situation, and DCF in general. The congress/senators' office should be able to communicate with contacts in the consulate to find out what's going on with your case. Educate them about DCF, the Adam Walsh situation, and insist they find out from the consulate when Pkt 4 will be sent, or what the hang-up is.

Anyone who files a family based petition after July 26, 2006 is subject to the new law... not just overseas filers. Amy's situation is that she filed previous and is "hung up" with the inability for anybody to tell her what her status is.

If you filed before July 26, 2006 overseas, than you are not affected by the new legislation (Adam Walsh Act). Your I-130 will be processed normally. There are a number of threads in this forum on this topic, just do a search on "Adam Walsh Act" to find out more info.

If you filed your I-130 overseas at a consular office after July 26, 2006, but before Jan. 23, 2007 than you will experience a delay since they have to perform an extra security check with the USCIS before approving your petition. That is, previously approved I-130 need to be re-adjuticated by a USCIS office. The new legislation came into effect January 24, 2007.

Some consular offices are still accepting I-130's if they have a USCIS office associated with them. However, many consular offices do not. You can check the USCIS web site for a list of offices worldwide.

Good luck,
matt

We filed our I-130 (DCF) before July 2006 and my husband is now sitting next to me in the US, green card in hand. It did take the consent of the Consulate and I think it was only possible because the Consulate in Algiers actively looked into our case and came to their senses rather quickly.

I agree that you are not subject to the law. However, the critical step--getting the Consulate to agree--may take some patience and finesse.

Thank you for your response... We have been very persistent and have gotten nowhere with the embassy.

-Amy



Thank you very much for your response.. it is much appreciated!