I just returned from a month living in Russia with my fiancee/wife, Nadia. We got married at the local ZAGS on Oct. 25. It was a simple and quick event but a powerful life changing event for us in the larger scheme of things.

I love Nadia very much but the stay in Siberia was difficult for me in some ways. But the people were good people and it was different than Moscow or St. Pete. And I know Russia better now.

My biggest problem came from the US Embassy in Moscow. I got a clearly written email from them stating I could file the I-130 there despite not being a resident, but after traveling to Moscow some jackass rookie window clerk said he would not accept it. He refused my request to speak with his superior. He refused to give me his name. He refused to put the reasons for not accepting my petition in writing. He insulted me and was rude and dismissive. I felt like I was talking to a prison guard, not a civil servant. I'm writing my congressman about this one and I may consider legal options. The trip to Moscow cost me almost $2000 and the travel was very difficult on us. There must be some accountability.

Now I'm staring over with the K-3 route. I'd appreciate some estimates of how long before I might have Nadia with me in the USA. I'm filing with the Vermont USCIS office.

Congrats on the good stuff..... sorry to hear about the bad stuff.

Definitely follow up with your congressman, the "service" you were given at the embassy is horrible and shouldn't be tolerated.

Good luck on the K-3, I have no idea exactly how long it will be, but I'd guesstimate that she'll be here before close of 2008.

The only legal option you have is filing a suit against the government which is known as a Mandamus action. In the suit you will compel the government to act on your application. Their defense will be that they acted, by rejecting it. This route doesn't work very well.

I was thinking more along the lines of the lack of "due process." Or making false or misleading statements.

Congrats on the good stuff too, where abouts in Siberia were you(kind of a large chunk of Russia).

I too have been mistreated by officials in the embassy(not moscow a different one). My advice is to calmly write out your experience and get your congressman or your senators office involved. Every one of them has an immigration person that you can deal with, mine were very helpful and they will make requests on your behalf, I was actually able to get a disciplinary note placed in one persons file from many miles away, My senators office told me that most people call very angry and upset and incoherrent. If it is done calmly but with passion they will act. It is surprising just when you think the system is going to come crashing down suddenly the people you vote into office actually do something for you. Keep the faith our prayers are with you.

I appreciate hearing the success you had working within the system. Thanks. I have intentionally waited to write my congressman or senator to calm down and write my bad experience in an honest, understandable, and compelling way. My hope is that the time we have lost that was wasted on the trip to Moscow might be compensated by writing to my representatives in congress.

Do you think it's best to write to my congressman or senators?

To answer your question, I was in Krasnoyarsk...third largest city in Siberia.

I don't think DCF is possible in Russia anymore unless you have been a resident there for several years.

False or misleading statements would generally fall under the Federal Trade Commision (interstate commerce). The government, particularly acting outside the US, would be immune here.

Due process only would apply inside the US, not to foreign nationals in other countries.



It can't hurt. Just be calm and reasonable, and don't expect anything to happen.

Been to Krasnoyarsk. Not a bad city at all.

Unfortunately, sounds like typical Russian Customer service... Any idea if the person you were speaking to was a USC? They employ a lot of Russians at the embassy. Did you try going to the USC service section?

Here is a reason you were probably denied the ability to file a I-130 in Moscow:
"Immediate Relative Immigrant Petitions (Form I-130):
U.S. Citizens residing in our office's jurisdiction may file petitions for immediate relatives at the Moscow office during public hours.

Who May File and When
The Moscow office at the United States Embassy, accepts Form I-130 "Petition for Alien Relative" from United States Citizens who are filing for their spouse, parent, or unmarried child under 21 years of age. Petitions from Lawful Permanent Residents and petitions for relatives other than those mentioned fall into different visa categories and must be filed in the United States. United States Citizens may file their petitions between 1:00 PM and 4:00 PM.

United States Citizens MUST BE PRESENT to file their petitions. If a United States Citizen is filing for a spouse, it is recommended that the spouse also appear so that immigration officials may ask any questions necessary for the adjudication of the petition.

United States Citizens must establish that they have resided in the Russian Federation for the previous six months in order to file at the Moscow office. To establish the residency requirement, United States Citizens should submit one or more of the following: multi-entry Russian visa, proof of local registration, work contract, apartment lease, U.S. military ID and evidence that the United States Citizen is stationed overseas, or other documents. Documents that prove the relationship between the United States Citizen petitioner and the non-United States citizen beneficiary should be submitted along with photocopies. Such documents include a marriage certificate, divorce or death certificates from previous marriages, and name-change certificates. Documents not in English must be submitted with English translations. Translations do not need to be notarized but should be signed by the translator and accompanied by a statement that the translation is accurate and that the translator is competent to translate.

In addition, it is recommended to provide a photocopy of any visas to the United States that your relative has been issued. If your relative has been under immigration proceedings previously, it is recommended that your relative provide detailed information about these proceedings. This will often speed the processing of your petition.

For additional information on preparing your documents to submit to the agency, read the instructions on the I-130 form or call the office at (7-495) 255-9551 on workdays from 8:00 AM to 5:00 PM."
https://egov.uscis.gov/crisgwi/go?action=of...r.statecode=arm

Also see:
http://vladivostok.usconsulate.gov/warden_072407.html

If you meet these requirements you might have a much stronger case in refiling your case.

Your odds of wining a due process claim where the plaintiff is a foreinger asking for a service outside the US is about as slim as getting a private bill passed making your wife a citizen. The latter is actually possible, not so sure of the former, but I think Russ is probably right.

Folks behind bullet proof glass are all Americans, I think. I mean, you gotta be a USC to be able to adjudicate petitions.

I asked for and received a waiver from the 6 month residency rules. I have the email in hand that approved my request.. The waiver specifies no qualifications or stipulations or contingencies. It is written as a blanket waiver and invitation to file. When I arrived I was rudely denied the right to file my petition by a 20-something rookie window clerk. BTW, I, the USC, would be the plaintiff...not my foreign wife.



The clerk was a USC. No, but maybe I should have.

Congratulations for your New life!!!...Vermont for Cr-/IR for us was long and had to get the help of Senator wich was wonderful!...K-3, you have to check their timelines...average standard is 6 months; backlogs are happening as well...I wonder if Congressman or senators have any power on consulates...I wonder if writing to the director of the consulate in Moscow is not the 1st thing to do. I also think that is not to take personnaly their bad behaviour...By experience they explain in all the instructions of the forms they expect people to be informed, maybe that's why he reacted that way...without any explaination i believe...but still, it's not a good reason to be so rude...

I think the person who wronged you was really the one who wrote the e-mail. I have never heard of them giving a waver of the 6 month residency rule and I think if that were routine and available to all citizens we would all go that route, most of us anyway.

It is a sad situation and I feel bad for you. I figure USCIS ineptness cost me about $ 25,000 or more so far in our k-1 journey. It is sad that we have to waste money and our valuable time.

I think the same thing...the window clerk wrote the email and then had second thoughts when i showed up. To secure the wavier I invoked my status as a disabled combat veteran and retired military and also mentioned I'd be living with my wife for awhile in Russia. The email is clearly a blanket waiver without any terms whatsoever.

Any decision made or not made by some idiot that works for the govt outside the US are not actionable in a Federal Court. They are beyond their jurisdiction. Forget a writ of Mandamus.

The "idiot' clerk works for the Homeland Security Agency and an embassy is US soil...so I think accountability by congress or court is possible.

Well, as the party to the suit is outside the US, they would have a tough time suing in a Federal Court. Their job is to act on a petition, which means approve or deny it (which they did). You already have a form of relief, which is filing another petition.

I'm not a lawyer though, but what they tell me is being in the US is always better when it comes to immigration matters. At least then you can use the courts, whereas overseas, you can't. In general, foreign nationals don't have any rights when they are physically outside the United States.

We spent bunch of money too before i finally got here,and now pressure of wedding within 3 month.I wonder how american embassy imagines u handeling ur house mortgage payements all these trips and fees and then wedding in a time they set for us...nonsense

They don't. Plus, that's why your sponsor has to prove 125% of poverty level so they can pay for everything. They don't have other bills, do they?

This was actually a big surprise for my wife and took several months (still adjusting) to realize that even though I make a couple thousand dollars a month, there are bills for a couple thousand dollars as well.

If money is tight, a good way to still go for the big wedding and pay all expenses is to have a civil marriage first and the
"big wedding" later on after EAD and AOS and once all the other bills are paid for and there's a little money left over. (Which can happen.... or may not ever happen!)

But, since this is America, the "big wedding" will probably never happen because you'll have "big bills."

We married already in a court,since that does not really matter for us we going to be together no matter what,and i agree with you slim..
unless parents pay its too hard for new weds keep up on bills.
We have no support from parents and all we are are ourselves,so yes its hard even though none of us is really poor.My man makes decent money,but yeah bills are just making it even.

Hang in there.

We went through a pretty rough spell where we didn't go anywhere because I didn't have enough gas in my Jeep and we couldn't even do our laundry until payday.

But.... all that's behind us now and we're about to go on a nice vacation. We still budget our money, but it's nothing like before when we were trying to decide if we should pay the rent or get groceries.

After you get EAD and start working, you'll be just fine. Think about it... if you're "making it" on just his money, you'll have TONS (used very loosely of course!) of extra cash.

Slim, don't forget, the more you make the more you spend. My parents who are in the highest tax bracket still live pay check to pay check because of this concept!

While most people do spend more when they make more, I learned a long time ago that having "extra" money is a lot nicer when you don't have "extra" bills.

Sure, I'll spend more like everyone, but the trick is to make sure what you're spending doesn't become a debt. Most people make more money so they buy a nicer house or a nicer car or get more (nice) junk in their house. I'm going in the opposite direction. I'm tyring to eliminate all of my debt and if I want something, pay for it outright. If that's possible to do, they paycheck to paycheck thing goes right out the window.

Trying to sell my wife on this concept has been pretty tough. She seems to think the more money we make, the more "credit" we can take. Sure we can... but I'd like to do the Russian style of paying up-front as opposed to the American style of signing on the dotted line and then paying 20% interest for the next few years.

Credit is the enemy!!!

This is, unfortunately, true.

Right now we're making 3 times as much as 2 years ago when I didn't work and Sid worked a very entry level job. And we have 3 times as many bills as back then. It just happened naturally. You realize that you now can afford a better car, a better apartment, better furniture... *sigh* And we are very careful with money - we are both savers rather than spenders, yet we still have a lot of bills.