Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions
Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.
As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.
Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.
To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.
Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.
All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).
http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm
[size="4"][/size]Big question, some of us with already have approved petitions before this whole January 23rd Adam Walsh thing, who have not met the 6 months residency, hopefully does not effect us?????
Full Version: DCF is back with new rules 3/21/07
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion
You da bomb! Thank you for keeping us posted on this.
Petitions filed under the old system would not be affected by this (she said, with supreme but totally uninformed confidence).
That is, if they do, raise hell. But based on the cases that *are* coming to interview, I do not think that will be the case (I'm thinking of Australia David).
Off to x-post this elsewhere--thank you again for bringing it to the top.
Petitions filed under the old system would not be affected by this (she said, with supreme but totally uninformed confidence).
That is, if they do, raise hell. But based on the cases that *are* coming to interview, I do not think that will be the case (I'm thinking of Australia David).
Off to x-post this elsewhere--thank you again for bringing it to the top.
QUOTE(John and Sonya @ Mar 21 2007, 03:24 PM) 
Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions
Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.
As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.
Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.
To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.
Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.
All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).
http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm
[size="4"][/size]Big question, some of us with already have approved petitions before this whole January 23rd Adam Walsh thing, who have not met the 6 months residency, hopefully does not effect us?????
Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.
As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.
Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.
To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.
Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.
All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).
http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm
[size="4"][/size]Big question, some of us with already have approved petitions before this whole January 23rd Adam Walsh thing, who have not met the 6 months residency, hopefully does not effect us?????
WE WERE IN THE SAME BOAT IR I REMEMBER AND I GOT MY CR1 AND CR2 FOR MY KIDS THURSDAY AND I DONT THINK IT WILL AFFECT U IT DOESNT AFFECT US
GOOD LUCK
QUOTE(hmm @ Mar 21 2007, 03:30 PM)
QUOTE(John and Sonya @ Mar 21 2007, 03:24 PM)
Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions
Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.
As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.
Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.
To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.
Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.
All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).
http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm
[size="4"][/size]Big question, some of us with already have approved petitions before this whole January 23rd Adam Walsh thing, who have not met the 6 months residency, hopefully does not effect us?????
Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.
As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.
Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.
To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.
Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.
All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).
http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm
[size="4"][/size]Big question, some of us with already have approved petitions before this whole January 23rd Adam Walsh thing, who have not met the 6 months residency, hopefully does not effect us?????
WE WERE IN THE SAME BOAT IR I REMEMBER AND I GOT MY CR1 AND CR2 FOR MY KIDS THURSDAY AND I DONT THINK IT WILL AFFECT U IT DOESNT AFFECT US
GOOD LUCK
I dont think so either, it says for filing petitions, ours has been already approved and interview is April 25th. We originally had a re-interview scheduled for March 8th, but she just arrived on her tourist visa so we changed to late April. I been in panick mode since because there was alot of hints that they would put a residency requirement and I felt I might of shot myself in the foot by not taking the March 8th appointment. Now I feel better seeing it sayd new petitions.
SO WHEW!!! Unfortunately I helped alot of people get married to Ukrainians and with the whole DCF process, now they will not be able to get since they reside in USA. 
QUOTE(John and Sonya @ Mar 21 2007, 03:36 PM)
QUOTE(hmm @ Mar 21 2007, 03:30 PM)
QUOTE(John and Sonya @ Mar 21 2007, 03:24 PM)
Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions
Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.
As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.
Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.
To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.
Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.
All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).
http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm
[size="4"][/size]Big question, some of us with already have approved petitions before this whole January 23rd Adam Walsh thing, who have not met the 6 months residency, hopefully does not effect us?????
Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.
As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.
Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.
To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.
Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.
All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).
http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm
[size="4"][/size]Big question, some of us with already have approved petitions before this whole January 23rd Adam Walsh thing, who have not met the 6 months residency, hopefully does not effect us?????
WE WERE IN THE SAME BOAT IR I REMEMBER AND I GOT MY CR1 AND CR2 FOR MY KIDS THURSDAY AND I DONT THINK IT WILL AFFECT U IT DOESNT AFFECT US
GOOD LUCK
I dont think so either, it says for filing petitions, ours has been already approved and interview is April 25th. We originally had a re-interview scheduled for March 8th, but she just arrived on her tourist visa so we changed to late April. I been in panick mode since because there was alot of hints that they would put a residency requirement and I felt I might of shot myself in the foot by not taking the March 8th appointment. Now I feel better seeing it sayd new petitions.
SO WHEW!!! Unfortunately I helped alot of people get married to Ukrainians and with the whole DCF process, now they will not be able to get since they reside in USA. YES IT IS GONNA AFFECT ONLY THE PERSON WHO WILL START FILLING DCF I-130 IN US EMBASSY I THINK THEY ARE BECOMING MORE RESTRICTIVE, SO NO MATTER WHAT WE PASSED OUT THE WALSH LAW AND BEEN RE APROVED AND NOW I THINK U ARE IN THE WAY TO THE END OF THAT PROCESS GOOD LUCK
SORRY FOR MY ENGLISH
HMM
FOLLOWING THE NEW REQUIRED DOCUMENTS IN PARIS
immigrant visas
Limited Filing in Paris
The Immigrant Visa Unit will be closed to the public on Friday, April 6, 2007.
EFFECTIVE IMMEDIATELY, the U.S. Embassy in Paris will accept I-130 petitions for immediate relative immigrant classification from American citizens who have been continuously, legally resident in France for at least the six months prior to petition filing. Individuals, who are in the country on a temporary status, such as student or tourist, do not meet this residency standard and may not file a petition in Paris.
We will also exceptionally accept petitions from non-residents in true emergency cases, such as life and death or health and safety, plus instances where minor children who would be unexpectedly left without a caretaker.
To file, you may appear at the entrance to the Embassy’s consular section between 9:00 a.m. and 10:00 a.m. on Fridays. No new admissions will be allowed after 10:00 a.m. The U.S. citizen petitioner and all alien beneficiaries must appear in person on the day of petitioning.
You should bring the following documentation:
U.S. citizen petitioner and each family member beneficiary passports
U.S. citizen petitioner’s French titre de sejour as proof of six months of continuous, legal residence in France
Two passport-sized photos for the U.S. citizen petitioner and each beneficiary
Proof of relationship:
- Petition for spouse: marriage certificate or copie integrale de l’acte de marriage (Persons previously married must also provide a divorce judgment or death certificate as proof of termination of the previous relationship.)
- Petition for child: child’s birth certificate or copie integrale de l’acte de naissance
Completed forms I-130 Petition and G-325A for each beneficiary
Completed form G-325A for U.S. citizen petitioner (1 copy per petition to be filed.)
Completed form DS-230 for each beneficiary.
$190 petitioning fee. Payment may be made in cash or by credit card. No checks are accepted.
For faster service on the day of petitioning, please have your forms downloaded and completed before coming to the Embassy.
This law doesn't apply to me!
QUOTE(consolemaster @ Mar 21 2007, 01:56 PM)
This law doesn't apply to me!
Thank you for sharing.
Ok so does this mean that you can file your I-130 abroad again now, but only if you've lived there for 6months or more?
I went to the Sydney US Embassy website in Australia. There is nothing there about accepting them again.
Be great if it's up and going again.
QUOTE(Emerald @ Mar 22 2007, 07:36 AM)
Ok so does this mean that you can file your I-130 abroad again now, but only if you've lived there for 6months or more?
I went to the Sydney US Embassy website in Australia. There is nothing there about accepting them again.
Be great if it's up and going again.
I went to the Sydney US Embassy website in Australia. There is nothing there about accepting them again.
Be great if it's up and going again.
That's what it says in black and white... the days of the non-resident tourist DCF are gone... there are now clear guidelines.. 6 months of legal residency abroad for a consular post to accept a DCF to be sent to USCIS...
So..does this man Japan and Tokyo are back in business doing the DCF???
Ive been living in Japan for the past 5 years. My wife who is Chinese, has been living in Japan for 10 years So , i guess we can apply for DCF???
What am to do now?? I have sent my I-130 to CALI and got my I-797 and I sent my I-129F to Chicago..but waiting for my notice.
What do overseas posters do if we want to file for DFc and we have already started the k3/other spousal visa via the states?
Tokyo does really help and we have to pay money to talk to someone who is not usually a native speaker and doesnt know whats going on??
Any advice for me ..im sure some of you are in the boat??
Ive been living in Japan for the past 5 years. My wife who is Chinese, has been living in Japan for 10 years So , i guess we can apply for DCF???
What am to do now?? I have sent my I-130 to CALI and got my I-797 and I sent my I-129F to Chicago..but waiting for my notice.
What do overseas posters do if we want to file for DFc and we have already started the k3/other spousal visa via the states?
Tokyo does really help and we have to pay money to talk to someone who is not usually a native speaker and doesnt know whats going on??
Any advice for me ..im sure some of you are in the boat??
immigrant visas
MORE INFOS
As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act. Subsequently, the Department of State and U.S. Citizenship and Immigration Services (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.
EFFECTIVE IMMEDIATELY, the U.S. Embassy in Paris will accept I-130 petitions for immediate relative immigrant classification from American citizens who have been continuously, legally resident in France for at least the six months prior to petition filing. Individuals, who are in the country on a temporary status, such as student or tourist, do not meet this residency standard.
All lawful permanent residents (“green card” holders) and U.S. citizens resident in the United States or with a permanent address in the United States will file I-130 petitions at the USCIS service center in the United States having jurisdiction over their place of residence. A list of service centers is included in the instructions with downloadable form I-130.
If you are eligible to file in Paris, please click here for further instructions and information.
MORE INFOS
As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act. Subsequently, the Department of State and U.S. Citizenship and Immigration Services (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.
EFFECTIVE IMMEDIATELY, the U.S. Embassy in Paris will accept I-130 petitions for immediate relative immigrant classification from American citizens who have been continuously, legally resident in France for at least the six months prior to petition filing. Individuals, who are in the country on a temporary status, such as student or tourist, do not meet this residency standard.
All lawful permanent residents (“green card” holders) and U.S. citizens resident in the United States or with a permanent address in the United States will file I-130 petitions at the USCIS service center in the United States having jurisdiction over their place of residence. A list of service centers is included in the instructions with downloadable form I-130.
If you are eligible to file in Paris, please click here for further instructions and information.
Holy crap....
*huge sigh of relief*
awesome.
*huge sigh of relief*
awesome.
QUOTE(k-in-osaka @ Mar 22 2007, 09:11 PM)
So..does this man Japan and Tokyo are back in business doing the DCF???
K, yes, DCF is back in Japan as well, and the Tokyo embassy website has been updated to reflect the new change.
QUOTE(k-in-osaka @ Mar 22 2007, 09:11 PM)
What am to do now?? I have sent my I-130 to CALI and got my I-797 and I sent my I-129F to Chicago..but waiting for my notice.
What do overseas posters do if we want to file for DFc and we have already started the k3/other spousal visa via the states?
What do overseas posters do if we want to file for DFc and we have already started the k3/other spousal visa via the states?
I don't know if there's anything we can do. I'm in the same boat as you, I sent my I-130 to Cali. on 1/31.
Hey, this is great! Hooray, hooray!!!
A question:
Does anyone know if the embassies are simply accepting the I-130 petition and then forwarding the whole thing to their local overseas USCIS office, or if they are actually adjudicating the petition themselves and simply forwarding the name of the petitioner to USCIS?
A question:
Does anyone know if the embassies are simply accepting the I-130 petition and then forwarding the whole thing to their local overseas USCIS office, or if they are actually adjudicating the petition themselves and simply forwarding the name of the petitioner to USCIS?
QUOTE(malka @ Mar 22 2007, 09:52 AM)
Hey, this is great! Hooray, hooray!!!
A question:
Does anyone know if the embassies are simply accepting the I-130 petition and then forwarding the whole thing to their local overseas USCIS office, or if they are actually adjudicating the petition themselves and simply forwarding the name of the petitioner to USCIS?
A question:
Does anyone know if the embassies are simply accepting the I-130 petition and then forwarding the whole thing to their local overseas USCIS office, or if they are actually adjudicating the petition themselves and simply forwarding the name of the petitioner to USCIS?
If you read the message, consulates that arenot USCIS offices CANNOT perform background checks. They will send your file to USCIS office that has juridisction over the country you have filed. Example, my wife is from Ukraine, they sent our paper work to Moscow to adjudicate my petition for the Adam Walsh background check, it took 3 weeks, and new appointment was assigned. The DCF is the same except you are now required to have 6 months residency and petitioner background has to be checked. Other than that, filing is the same procedure.
QUOTE(John and Sonya @ Mar 22 2007, 05:18 PM)
QUOTE(malka @ Mar 22 2007, 09:52 AM)
Hey, this is great! Hooray, hooray!!!
A question:
Does anyone know if the embassies are simply accepting the I-130 petition and then forwarding the whole thing to their local overseas USCIS office, or if they are actually adjudicating the petition themselves and simply forwarding the name of the petitioner to USCIS?
A question:
Does anyone know if the embassies are simply accepting the I-130 petition and then forwarding the whole thing to their local overseas USCIS office, or if they are actually adjudicating the petition themselves and simply forwarding the name of the petitioner to USCIS?
If you read the message, consulates that arenot USCIS offices CANNOT perform background checks. They will send your file to USCIS office that has juridisction over the country you have filed. Example, my wife is from Ukraine, they sent our paper work to Moscow to adjudicate my petition for the Adam Walsh background check, it took 3 weeks, and new appointment was assigned. The DCF is the same except you are now required to have 6 months residency and petitioner background has to be checked. Other than that, filing is the same procedure.
Thanks. Yes, I know that the consulates cannot perform the background checks. What I'm unclear on is whether the embassies will be sending the WHOLE I-130 petition over to USCIS for background check AND adjudication (which is what happened to you and many others since the Great January Kablooey) or if the embassies will now just be sending the name of the petitioner to USCIS for the background check and the embassy itself will be doing the rest of the decision-making/petition reviewing/adjudicating of the I-130. I'm not talking about the visa interview and stuff, just that first I-130 petition step. Basically, I'm curious about the details of this final agreement between USCIS and the State Department!
Glad I didn't wait for DCF and just filed stateside since they now have much more rigorous resident requirements. I figured that would be the case if/when it came back.
Hey, these are great news!! This means we can send our I-130 to US embassy in Madrid and probably they will forward it to USCIS Roma to do the check and so on... am I right?
But when I went to the webpage of the US embassy in Madrid they still say they are not accepting I-130... should I give them a call?
If you read the message, consulates that arenot USCIS offices CANNOT perform background checks. They will send your file to USCIS office that has juridisction over the country you have filed. Example, my wife is from Ukraine, they sent our paper work to Moscow to adjudicate my petition for the Adam Walsh background check, it took 3 weeks, and new appointment was assigned. The DCF is the same except you are now required to have 6 months residency and petitioner background has to be checked. Other than that, filing is the same procedure.
But when I went to the webpage of the US embassy in Madrid they still say they are not accepting I-130... should I give them a call?
QUOTE(John and Sonya @ Mar 22 2007, 04:18 PM)
QUOTE(malka @ Mar 22 2007, 09:52 AM)
Hey, this is great! Hooray, hooray!!!
A question:
Does anyone know if the embassies are simply accepting the I-130 petition and then forwarding the whole thing to their local overseas USCIS office, or if they are actually adjudicating the petition themselves and simply forwarding the name of the petitioner to USCIS?
A question:
Does anyone know if the embassies are simply accepting the I-130 petition and then forwarding the whole thing to their local overseas USCIS office, or if they are actually adjudicating the petition themselves and simply forwarding the name of the petitioner to USCIS?
If you read the message, consulates that arenot USCIS offices CANNOT perform background checks. They will send your file to USCIS office that has juridisction over the country you have filed. Example, my wife is from Ukraine, they sent our paper work to Moscow to adjudicate my petition for the Adam Walsh background check, it took 3 weeks, and new appointment was assigned. The DCF is the same except you are now required to have 6 months residency and petitioner background has to be checked. Other than that, filing is the same procedure.
This is great news!
It is about time that they developed something for everyone.
I know that they have said that you have to have residency for 6 months but can this be waived?
This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.
Has anyone called the Tokyo embassy and asked?
I plan on calling on Sunday night to ask.
Thanks!
It is about time that they developed something for everyone.
I know that they have said that you have to have residency for 6 months but can this be waived?
This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.
Has anyone called the Tokyo embassy and asked?
I plan on calling on Sunday night to ask.
Thanks!
QUOTE(dbzman @ Mar 22 2007, 06:54 PM)
This is great news!
It is about time that they developed something for everyone.
I know that they have said that you have to have residency for 6 months but can this be waived?
This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.
Has anyone called the Tokyo embassy and asked?
I plan on calling on Sunday night to ask.
Thanks!
It is about time that they developed something for everyone.
I know that they have said that you have to have residency for 6 months but can this be waived?
This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.
Has anyone called the Tokyo embassy and asked?
I plan on calling on Sunday night to ask.
Thanks!
I think only time can answer that question. Technically the rule was already there before but it was only enforced halfway. I think theyre probably trying to reimplement the rule in order to keep the extra work for the global USCIS's to a minimum . . . my guess is that if this extra background check doesnt become to much of a big deal to the USCIS's then it might become relaxed again.
Fofire
QUOTE(Fofire @ Mar 22 2007, 12:05 PM)
QUOTE(dbzman @ Mar 22 2007, 06:54 PM)
This is great news!
It is about time that they developed something for everyone.
I know that they have said that you have to have residency for 6 months but can this be waived?
This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.
Has anyone called the Tokyo embassy and asked?
I plan on calling on Sunday night to ask.
Thanks!
It is about time that they developed something for everyone.
I know that they have said that you have to have residency for 6 months but can this be waived?
This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.
Has anyone called the Tokyo embassy and asked?
I plan on calling on Sunday night to ask.
Thanks!
I think only time can answer that question. Technically the rule was already there before but it was only enforced halfway. I think theyre probably trying to reimplement the rule in order to keep the extra work for the global USCIS's to a minimum . . . my guess is that if this extra background check doesnt become to much of a big deal to the USCIS's then it might become relaxed again.
Fofire
If you read there posting, as of now, there is no waivers except what is listed. And I am wondering if Japan really waived anyone, that could be a mess for them. And I read the rules of residency, and it was very vague and allowed each country to have there own requirements. Only a dozen or so countries like Japan and Ukraine, had really no residency requirements, and that is why we immiediately filed DCF after we were married.
But it was obvious with the long wait till they posted the message, that they were trying to see a method to keep the burden off of USCIS. Embassy's can do all the work except the background checks. I am not sure if all the paper work has to be sent to nearest USCIS or just a name sent, regardless, it only took 3 weeks for us from the day Sonya showed upto her interview on the 2/23 till we got a new interview date set for 3/8. In my mind, thats very quick, compared to the poor people who have to file in the US. Now I am sure it matters with how efficient an embassy is, but if you look at all the postings, almost everyone is starting to get a March and April re-interview. So that means 1 1/2 to 2 month additional time that I am sure is now going to be more efficient now policy is written.
So if you are a USC that lives overseas for > 6months, consider yourself very lucky, the whole process, if everything you turn in is correct, should still be <4 months. Others that are not filing DCF is 6-12 months in the US.
QUOTE(John and Sonya @ Mar 22 2007, 12:40 PM)
QUOTE(Fofire @ Mar 22 2007, 12:05 PM)
QUOTE(dbzman @ Mar 22 2007, 06:54 PM)
This is great news!
It is about time that they developed something for everyone.
I know that they have said that you have to have residency for 6 months but can this be waived?
This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.
Has anyone called the Tokyo embassy and asked?
I plan on calling on Sunday night to ask.
Thanks!
It is about time that they developed something for everyone.
I know that they have said that you have to have residency for 6 months but can this be waived?
This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.
Has anyone called the Tokyo embassy and asked?
I plan on calling on Sunday night to ask.
Thanks!
I think only time can answer that question. Technically the rule was already there before but it was only enforced halfway. I think theyre probably trying to reimplement the rule in order to keep the extra work for the global USCIS's to a minimum . . . my guess is that if this extra background check doesnt become to much of a big deal to the USCIS's then it might become relaxed again.
Fofire
If you read there posting, as of now, there is no waivers except what is listed. And I am wondering if Japan really waived anyone, that could be a mess for them. And I read the rules of residency, and it was very vague and allowed each country to have there own requirements. Only a dozen or so countries like Japan and Ukraine, had really no residency requirements, and that is why we immiediately filed DCF after we were married.
But it was obvious with the long wait till they posted the message, that they were trying to see a method to keep the burden off of USCIS. Embassy's can do all the work except the background checks. I am not sure if all the paper work has to be sent to nearest USCIS or just a name sent, regardless, it only took 3 weeks for us from the day Sonya showed upto her interview on the 2/23 till we got a new interview date set for 3/8. In my mind, thats very quick, compared to the poor people who have to file in the US. Now I am sure it matters with how efficient an embassy is, but if you look at all the postings, almost everyone is starting to get a March and April re-interview. So that means 1 1/2 to 2 month additional time that I am sure is now going to be more efficient now policy is written.
So if you are a USC that lives overseas for > 6months, consider yourself very lucky, the whole process, if everything you turn in is correct, should still be <4 months. Others that are not filing DCF is 6-12 months in the US.
DCF in paris takes me 2 months
I will email the Sydney consulate today to see what they say. THis is great news for hubby and me (finally)!!!!!! He's been here almost 6yrs so it's a relief we can still file.
I wish it was just as easy for the others though.....
QUOTE(dbzman @ Mar 23 2007, 01:54 AM)
This is great news!
It is about time that they developed something for everyone.
I know that they have said that you have to have residency for 6 months but can this be waived?
This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.
Has anyone called the Tokyo embassy and asked?
I plan on calling on Sunday night to ask.
Thanks!
It is about time that they developed something for everyone.
I know that they have said that you have to have residency for 6 months but can this be waived?
This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.
Has anyone called the Tokyo embassy and asked?
I plan on calling on Sunday night to ask.
Thanks!
No, it appears that they will adhere strictly to these new procedures. Tokyo embassy's I-130 checklist on their website now includes the requirement that you must bring proof of your Japan residency to the I-130 interview.
OK, so now what happens to all who filed BEFORE AW Act? Can we proceed? MTL to this day has not replied to my emails..... Clues for this clueless one, please!
QUOTE(Len_and_Bren @ Mar 23 2007, 11:57 AM)
OK, so now what happens to all who filed BEFORE AW Act? Can we proceed? MTL to this day has not replied to my emails..... Clues for this clueless one, please!
First step from being clueless
is to read their websites. They post information that probably will answer alot of your questions. US Embassy and USCIS and DHS. USCIS STATES: ( http://www.uscis.gov/files/pressrelease/I1...pdate022707.pdf )
USCIS Advises Petitioners Overseas - Do Not Re-File I-130
Processing Continues on Petitions for Alien Relative
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) advises anyone who filed a Petition for Alien Relative, (Form I-130) with an American embassy or consulate since July 2006 that they do not need to re-file the petition. USCIS is working with the Department of State to process those petitions.
The Department of State announced in January 2007 that certain requirements of the Adam Walsh Child Protection and Safety Act (enacted in July 2006) precluded them from accepting new petitions.
U.S. citizens who live abroad may continue to file new petitions with a nearby USCIS international office. A list of offices and the countries they service is on the USCIS web site: http://www.uscis.gov.
USCIS expects to issue instructions for new filings in the near future and will provide updated information once the details have been finalized with the Department of State.
Petitioners traveling overseas who actually live in the United States must file their I-130 petitions with the appropriate USCIS service center in the United States, according to the instructions on the form, http://www.uscis.gov/files/form/I-130.pdf.
– USCIS –
US EMBASSY"S STATE: That there will be delays in processing those who filed between 7/06 and 2/07.
VISAJOURNEY members through NUMEROUS posting will show that many are starting to get their interviews rescheduled.
So need to be more patient, and if not, then you need to send an e-mail to the embassy you filed with the status of, including your case#, and if no replies, you can call DHS, they can look up your case number that you filed with at the embassy. But all they will tell you is to be patient and still processing.
QUOTE(iluvmymac @ Mar 22 2007, 10:25 PM)
QUOTE(dbzman @ Mar 23 2007, 01:54 AM)
This is great news!
It is about time that they developed something for everyone.
I know that they have said that you have to have residency for 6 months but can this be waived?
This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.
Has anyone called the Tokyo embassy and asked?
I plan on calling on Sunday night to ask.
Thanks!
It is about time that they developed something for everyone.
I know that they have said that you have to have residency for 6 months but can this be waived?
This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.
Has anyone called the Tokyo embassy and asked?
I plan on calling on Sunday night to ask.
Thanks!
No, it appears that they will adhere strictly to these new procedures. Tokyo embassy's I-130 checklist on their website now includes the requirement that you must bring proof of your Japan residency to the I-130 interview.
I have read the US site that lists the new DCF process and they mention certain exemption conditions.
"as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest."
Does nayone know how liberal they are/will be on this? THe US site only gives examples.
Thanks!
QUOTE(dbzman @ Mar 23 2007, 02:54 PM)
Does nayone know how liberal they are/will be on this?
Look, hopefully this is going to go back to a Consulate-level decision. In which case, you will not find any information online.
One of you is going to have to cowboy up and go to the Embassy in Tokyo in person (maybe with your I-130 in tow?) and see what you can fine out.
Otherwise, go by what you find online. All of those exceptions would have to be requested in person, and it will always be a requirement that the USC by at minimum physically present in the country where they want to file.
Hello
Thanx soooooooooo much for posting that. Waw just a lifesaver....
Thanx soooooooooo much for posting that. Waw just a lifesaver....
QUOTE(meauxna @ Mar 23 2007, 06:42 PM)
QUOTE(dbzman @ Mar 23 2007, 02:54 PM)
Does nayone know how liberal they are/will be on this?
Look, hopefully this is going to go back to a Consulate-level decision. In which case, you will not find any information online.
One of you is going to have to cowboy up and go to the Embassy in Tokyo in person (maybe with your I-130 in tow?) and see what you can fine out.
Otherwise, go by what you find online. All of those exceptions would have to be requested in person, and it will always be a requirement that the USC by at minimum physically present in the country where they want to file.
I'm not so sure that is going to happen Mo... USCIS offices overseas have limited respurces and making background checks for USC's living in the US is something I don't think they're going to want to go out of their way to do... I doubt they are going to want to waste their resources on making checks on those that should have had them done in the US where they have greater resources...
I think this requirement is going to be firm... people are only going to be allowed to file I-130's overseas if they have demonstrated 6 months of residency outside of the US...
QUOTE(zyggy @ Mar 26 2007, 08:58 AM)
QUOTE(meauxna @ Mar 23 2007, 06:42 PM)
QUOTE(dbzman @ Mar 23 2007, 02:54 PM)
Does nayone know how liberal they are/will be on this?
Look, hopefully this is going to go back to a Consulate-level decision. In which case, you will not find any information online.
One of you is going to have to cowboy up and go to the Embassy in Tokyo in person (maybe with your I-130 in tow?) and see what you can fine out.
Otherwise, go by what you find online. All of those exceptions would have to be requested in person, and it will always be a requirement that the USC by at minimum physically present in the country where they want to file.
I'm not so sure that is going to happen Mo... USCIS offices overseas have limited respurces and making background checks for USC's living in the US is something I don't think they're going to want to go out of their way to do... I doubt they are going to want to waste their resources on making checks on those that should have had them done in the US where they have greater resources...
I think this requirement is going to be firm... people are only going to be allowed to file I-130's overseas if they have demonstrated 6 months of residency outside of the US...
i THINK SO
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