Anyone who were in the same boat as us who had their I-130 approved before January 22nd and had a scheduled interview before the Adam Walsh change and had thier visa approved after 3/23, even though they did not meet the 6 month residency. A few countries, like Ukraine, did not require residency, prior to 1/23/07, and now it is required.

My concern, is even though are petitions have been adjudicated by USCIS, did anyone have any problems at interview after 3/23 with not having the residency requirement. I am hoping it only applies to new applicants, would hate to be turned back away a second time at the interview and await new instructions.

You won't be satisfied with the answer until S has HER visa in HER passport.

LOL Your right, she is here on a tourist visa, and there is a little bird in my head saying there is a chance this may send her home again! Who knows how the embassy is going to read this. I called DOS and they said that she SHOULD not be affected because her petitions was already accepted and approved , but our petition was already accepted and approved and she was first in line for her interview prior to her 1/23 appointment and we saw what happened there.

So looking for some positive reinforcement out there. There is a smaller group of us non-resident DCF's and want to be prepared before our trip back to Ukraine.

Clearly I can't say definitively that the new residency requirement will not apply to you or any of the other pre march filers, but I seriously doubt they would. For whatever that is worth to you. (zero is OK, lol)

I suppose the fail-safe would be to find this out for YOUR case from YOUR Consular post BEFORE S leaves the US... cause now that she is here....

Hope you two are enjoying yourselves right now, anyway!

As you know, everyone at each embassy seems to interput things differently. Was looking for individuals who had definate approval since 3/23 and were not residents. I do not think it applies either, but its so vague again that it does not cover different scenerios. If you read the posts on the Adam Walsh change, they actually handled that wrong as well. People who had interviews scheduled, had approved petitions already. The changes were written to stop accepting applications after 1/22. But of course embassy's were confused and sent people home. But there were a couple embassy's that actually still gave people their interviews since they were there, but held the visa till the background check was done.

So here we go again, it says applications, but who knows. I guess we will hear with time. I should of kept my 3/8 interview!!!!!!

Sonya is loving it here, she is in California now visiting some college friends who live their. Before that we refurnished the house, and of course i introduced her to american shopping When she gets back, we are going to work on her daughters bedroom. Then she leaves for Ukraine on 4/18 to goto her interview. Fingers crossed. We have a back up plan to get a tourist visa for her daughter the day after her immigration interview, just in case something goes wrong.

I have not recieved a response from consulate as of yet, but dont trust a woman who answers the phone for a "take it to the bank" answer. Thanks for all the help, I hope our journey ends soon!!!

John,

I read a report today on another list where a pre Adam Walsh I-130 (non residency case) was approved TODAY in Kiev.... The only issue (change) was that the I-864 was now required to have his 2006 tax returns submitted.

Thanks!! Its good to hear that. I been trying to get an anser out of Kyiv, but no response as of yet and I am about to buy airline tickets.

If you read it, its sounds like it does not apply, but who knows! LOL As far as the 2006 tax return, I already put mine together just incase and did a new I-864 that I had notorized, just in case! LOL I have learned off this site to OVERKILL and its saved us so far. Thanks again.

John,

David A. was also a non-resident USC who had his wife's Visa recently approved. She is from Australia. Her interview was scheduled last Jan 30 I think. The Consulate went ahead with her interview and after 2 months (and her US visit) she was told her Visa was approved so she flew back to go get it.

I think you will be just fine. I am treating it like Meauxna suggested, two-parts... I-130 petition, and then Visa. Your petition made it through and now it's Visa interview time. I am led to believe that if there was an issue it would have stopped at the I-130 petition stage. You clearly made it to that point. Remember, even if you were to do it through the USCIS in the states, the Visa interview would be held at the overseas Consulate. That is where you are. No need to look back now! However, I understand your concerns. You are hoping for the best but preparing for the worst. I think you did your homework and will bring her home.

Good Luck to you and your wife!

dont forget your employment letter notorized should mentioned ur name ur fonction since when u working and ur annual income, ur tax return 2005 and 2004 with the W2 copy, and bank letter says how long u have been menber and ur account balance, thoses documents should be the accompany the I-864

ive been in the same boat but i got my interview the 15 march. i dont think u ll any problem.good luck.

We just got our visa approved on Friday, the 23rd of March, and they sent us the passport with the visa and the large envelope yesterday. The residency issue was not even brought up. I truly feel it's for the people who apply after us and were not caught up in the middle of the Adam Walsh debacle.

captainButch

First want to thank all for info, feel ALOT safer!! LOL Question on employment letter and bank statement. I included a non-notarized employement letter and no bank statement with my I-864 when Sonya turned it in on 1/23. They did not ask me for bank statement and instructions just say if you need to use assets to show sufficient income, then bank statement can be used. They took my employement letter and told me thats all they needed since I made far over poverty for past 3 years. But next visit is a different consular and different views.

Any others who made over poverty level were required to show bank statements? Instructions say:
If your total household income is equal to or higher than the person whose income is used to qualify.
minimum income requirement for your household size, you do
not need to provide information on your assets, and you may
not have a joint sponsor unless you are requested to do so by a
Consular or Immigration Officer.

my husband is so far over the poverty more than 150 000 income per year and we showed them the letter and they kept it, it will be better to have more informations and its good to have it just in case....

They already took our I-864. But I will take advice, and get a bank letter, done it many times for investment purposes, so why not. Thanks!

dont worry everything is gona be good i felt the same way u do i understand its very very very stressfullll, and im glad my husband was with me at the final interview its help a lot

one more time dont worrrryyyyyy

Greetings. Do you know anyone who has done the DCF in Nicaragua? I am now looking into it since the recent regulations seem to open up the possibility of doing it at the Consular Officein Managua.

Thank you! Phoebe

captainButch and his wife *just* completed their case in Managua.

The "Forums Search" button at the upper right hand side of the screen lets you search just 'this forum'. You'll find it a helpful way to get to DCF-specific thereads.