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I-129F Applicant Living Abroad Problems

By knowbody in K-1 Fiance(e) Visa Process & Procedures

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knowbody Newbie

knowbody   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Canada
 Timeline
Posted

I'm having problems getting my NOA1 - the documents were received April 26 and I haven't received anything yet - and am wondering if anyone else has been in a similar situation. I'm a US citizen and have lived in Canada for the past couple of years. In as such, I do not have a US address to receive mail at and my "intended physical address" is listed as my parents home. Unfortunately for me, USCIS sent my NOA1 to the intended physical address (rather than my Canadian address I gave them) which is in a rural area where mail is not delivered (everything is done through post office boxes).

After worrying for weeks why the NOA1 never arrived, I finally brokedown last week and called the USCIS hotline only to find all of this out. I gave the operator my Canadian address AGAIN as well as my parent's mailing address. She gave me my receipt number and for the past week my case status has been the following:

On May 16, 2006, the card or document we had mailed to the applicant was returned by the post office as undeliverable. To update

your address, please call the National Customer Service Center at (800) 375-5283.

Well yesterday I sent the California service center an email to confirm my Canadian address as the address they're sending my NOA1 to. Also, I asked if they did not; just confirm it was being sent to my parent's address. The response I got back was a one line statement saying they will not mail to non-U.S. addresses :angry:

So I call up the service center again to see if they have ANY correct address for me. The woman cut me off saying I "already spoke with an officer today...blah...blah...blah...and she couldn't help me at all" and hung up :o I did not in fact speak with ANY DHS officer today.

Has anyone else here been in a similar situation to me (applying from abroad that is) and if so, did you have any problems? I hope to god I don't have to bother my congressmen/senators with this.

KarenCee Veteran

KarenCee   3

Posted
Filed: Country: Canada
 Timeline
Posted

Well...not sure how much help this will be but....generally when filing for a K-1 the USC has to at least have a U.S. address. That's part of the K-1. Not sure about this but couldn't you and your fiancé file DCF in Canada? Just a thought....

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

kitkat1 Experienced

kitkat1   5

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

You do need a usable address in the US for this process. It sounds like you provided a rural address where mail is not delivered so that is not going to work. And as they told you they don't deliver to outside the US.

So if mail to your parent's address goes to a P.O. box, just submit a change of address form and supply the P.O. Box address so they can actually receive the mail.

Waiver approved after 10 months. Did NOT use a lawyer

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I-601 Waiver Guidelines

I-601 Waiver Overview

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Examples of Approved Hardship Letters

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You can find me on I2US and FBI

knowbody Newbie

knowbody   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Canada
 Timeline
  • Author
Posted
Well...not sure how much help this will be but....generally when filing for a K-1 the USC has to at least have a U.S. address. That's part of the K-1. Not sure about this but couldn't you and your fiancé file DCF in Canada? Just a thought....

Just looked up what a DCF is :crying:

My situation is that I accepted a job back in the States last week to begin on August 1. Hmm...it might be kinda hard to get a marriage license, married, the marriage certificate, and a consulate interview before then. With all of the problems with I-129Fs, this might actually be the way to go :unsure:

The annoying part about this is that as far as I can tell, there's nothing in the I-129F form stating that I cannot apply from abroad. There's most definitely a section stating that K1s cannot be submitted to consulates but it should not matter where I live.

zyggy Experienced

zyggy   9

Posted
Filed: Country: Canada
 Timeline
Posted (edited)

Well...not sure how much help this will be but....generally when filing for a K-1 the USC has to at least have a U.S. address. That's part of the K-1. Not sure about this but couldn't you and your fiancé file DCF in Canada? Just a thought....

Just looked up what a DCF is :crying:

My situation is that I accepted a job back in the States last week to begin on August 1. Hmm...it might be kinda hard to get a marriage license, married, the marriage certificate, and a consulate interview before then. With all of the problems with I-129Fs, this might actually be the way to go :unsure:

The annoying part about this is that as far as I can tell, there's nothing in the I-129F form stating that I cannot apply from abroad. There's most definitely a section stating that K1s cannot be submitted to consulates but it should not matter where I live.

You can get married today if you wish it to be so... You don't have to be a resident when you spouse has his/her interview.. only when you file the I-130 at the consulate and you can do that at any time between the wedding and the time that you leave. That leaves you with a month and a half. Plenty of time. I would put together a quick wedding to be able to file for DCF.. If you want a big ceremony, you can have it later...

YOu have a golden opportunity to get to use DCF... I wouldn't waste it...

Edited by zyggy

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
 Timeline
Posted

Well...not sure how much help this will be but....generally when filing for a K-1 the USC has to at least have a U.S. address. That's part of the K-1. Not sure about this but couldn't you and your fiancé file DCF in Canada? Just a thought....

Just looked up what a DCF is :crying:

My situation is that I accepted a job back in the States last week to begin on August 1. Hmm...it might be kinda hard to get a marriage license, married, the marriage certificate, and a consulate interview before then. With all of the problems with I-129Fs, this might actually be the way to go :unsure:

The annoying part about this is that as far as I can tell, there's nothing in the I-129F form stating that I cannot apply from abroad. There's most definitely a section stating that K1s cannot be submitted to consulates but it should not matter where I live.

I'm with the DCF crowd---you are in the long slow line for your situation.

As for your 'missing' NOA, I think you're reading too much in to the lack of response. It's been taking 4+ weeks to get first NOAs delivered lately.

Check out the DCF Canada pinned post in the DCF Forum here. :)

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

knowbody Newbie

knowbody   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Canada
 Timeline
  • Author
Posted

Well...not sure how much help this will be but....generally when filing for a K-1 the USC has to at least have a U.S. address. That's part of the K-1. Not sure about this but couldn't you and your fiancé file DCF in Canada? Just a thought....

Just looked up what a DCF is :crying:

My situation is that I accepted a job back in the States last week to begin on August 1. Hmm...it might be kinda hard to get a marriage license, married, the marriage certificate, and a consulate interview before then. With all of the problems with I-129Fs, this might actually be the way to go :unsure:

The annoying part about this is that as far as I can tell, there's nothing in the I-129F form stating that I cannot apply from abroad. There's most definitely a section stating that K1s cannot be submitted to consulates but it should not matter where I live.

I'm with the DCF crowd---you are in the long slow line for your situation.

As for your 'missing' NOA, I think you're reading too much in to the lack of response. It's been taking 4+ weeks to get first NOAs delivered lately.

Check out the DCF Canada pinned post in the DCF Forum here. :)

Got the marriage license yesterday and we're getting married on Sunday. Add a couple of weeks to get the marriage certificate and we'll be ready for the U.S. Consulate I-130 application. That being said, I was told yesterday at the Calgary consulate it takes 6-8 months to go through the interview process at Montreal right now. Guess it's better than the uncertainty associated with K1s though.

meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
 Timeline
Posted
being said, I was told yesterday at the Calgary consulate it takes 6-8 months to go through the interview process at Montreal right now. Guess it's better than the uncertainty associated with K1s though.

Great news, knowbody! Congrats on your upcoming wedding! (eeeee!)

If you take a look at the DCF Guide, you'll see the benefits of an Immigrant Visa over a K-1. You'll get the better result in about the same amount of visa time!

:)

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Cygnet Proficient

Cygnet   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted
Got the marriage license yesterday and we're getting married on Sunday. Add a couple of weeks to get the marriage certificate and we'll be ready for the U.S. Consulate I-130 application. That being said, I was told yesterday at the Calgary consulate it takes 6-8 months to go through the interview process at Montreal right now. Guess it's better than the uncertainty associated with K1s though.

Congratulations on your upcoming wedding! I agree, DCF is definitely the better way for your situation.

Good luck! :star:

CR-1

09/16/2005 Mailed I-130 (CSC)

09/21/2005 NOA 1

02/07/2006 NOA 2 (Day 143)

02/25/2006 Petitioner receives AOS Bill in U.S. (Day 161)

02/27/2006 AOS Bill (regular USPS) and DS-3032 (Canada Post regular) are mailed out

03/21/2006 Petitioner receives I-864 package (Day 185)

03/22/2006 Beneficiary receives IV Bill and sends payment - regular mail (Day 186)

03/24/2006 Petitioner sends back I-864 (Day 188)

04/13/2006 Beneficiary receives DS-230 (Day 208)

05/10/2006 Beneficiary sends back DS-230 and docs to NVC via Fedex (Day 235)

05/19/2006 NVC issues RFE on Question # 20 on the DS-230. (Day 244)

05/29/2006 Beneficiary receives RFE and sends it off (Day 254)

06/02/2006 NVC receives RFE (Day 258)

06/16/2006 Case Complete! (Day 272)

07/07/2006 Case forwarded to Consulate in Montreal (Day 293)

08/11/2006 INTERVIEW! VISA APPROVED!

08/14/2006 Picked up visa and crossed the border.

08/25/2006 SS card arrives in the mail

09/07/2006 GC arrives in the mail.

K-3

02/01/2006 Mailed I-129F

02/07/2006 NOA1

04/14/2006 I-129F is approved!

04/24/2006 NVC forwards the application to the consulate in Montreal

05/01/2006 Packet 3 is received from consulate & is sent of 3 days later

07/07/2006 Medical

08/08/2006 INTERVIEW- cancelled bec. of CR-1

 
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