Embassy's will no longer accept I-130

[misa 2]

Hannah, we're just trying to present you with your options right now and are being realistic about it.

To add to David's comment about the I-130 processing, not only does the petition need to be approved first at a USCIS service centre, after approval it goes through more processing through the NVC and then on to the consulate. It's a long process, much longer than a K1. If you want something faster, then don't get married and have your fiance file for a K1 immediately.

I know this all sucks and we all know it sucks. After all, we're all apart from our partners right now, but the sooner you decide what route to go, the sooner you can be reunited permanently.

Good luck with everything.

[Boiler 43,859]

I know people who are married to a USC and use the VWP. No particular reason that would be a problem, certainly not a guaranteed refusal.

But no entry is guaranteed, all depends on individual circumstances, and sometimes luck.

Obviously you tend to hear mainly from those who have had problems, most people entering on a VWP would not expect any issues and would see no merit posting that they had had none.

[Hannah and Grant 0]

Hannah, we're just trying to present you with your options right now and are being realistic about it.

To add to David's comment about the I-130 processing, not only does the petition need to be approved first at a USCIS service centre, after approval it goes through more processing through the NVC and then on to the consulate. It's a long process, much longer than a K1. If you want something faster, then don't get married and have your fiance file for a K1 immediately.

I know this all sucks and we all know it sucks. After all, we're all apart from our partners right now, but the sooner you decide what route to go, the sooner you can be reunited permanently.

Good luck with everything.

our wedding is a week away. we cant not get married.

i just need to know if id be able to use the tickets i have (as well as buy tickets home) and at least spend some time with my husband.

[Hannah and Grant 0]

I know people who are married to a USC and use the VWP. No particular reason that would be a problem, certainly not a guaranteed refusal.

But no entry is guaranteed, all depends on individual circumstances, and sometimes luck.

Obviously you tend to hear mainly from those who have had problems, most people entering on a VWP would not expect any issues and would see no merit posting that they had had none.

ok, i just saw that comment.

thank you. it seems as though it would be doable to enter with the tickets i already have (as well as the ones ill buy to get home).

im guessing the person i meet at the POE wont actually know im married to a USC.

also, if i did make it in, could i apply to have my status changed after that? i was just reading that you can apply to have it changed if youre in the U.S and married to a U.S citizen...

though then i guess theres the issue of the I-130.

im so confused.....i cant believe this is happening.

[Boiler 43,859]

Hannah, we're just trying to present you with your options right now and are being realistic about it.

To add to David's comment about the I-130 processing, not only does the petition need to be approved first at a USCIS service centre, after approval it goes through more processing through the NVC and then on to the consulate. It's a long process, much longer than a K1. If you want something faster, then don't get married and have your fiance file for a K1 immediately.

I know this all sucks and we all know it sucks. After all, we're all apart from our partners right now, but the sooner you decide what route to go, the sooner you can be reunited permanently.

Good luck with everything.

our wedding is a week away. we cant not get married.

i just need to know if id be able to use the tickets i have (as well as buy tickets home) and at least spend some time with my husband.

VWP requires a return ticket.

Be a good idea to take evidence of your need to return, to be shown if asked.

[misa 2]

also, if i did make it in, could i apply to have my status changed after that? i was just reading that you can apply to have it changed if youre in the U.S and married to a U.S citizen...

That would be immigration fraud for you to enter on a visitor's visa with intent to immigrate.

[Hannah and Grant 0]

also, if i did make it in, could i apply to have my status changed after that? i was just reading that you can apply to have it changed if youre in the U.S and married to a U.S citizen...

That would be immigration fraud for you to enter on a visitor's visa with intent to immigrate.

ill take that as a no.

well...from what i can gather, it should be mostly doable to use the tickets i have and just return to NZ while the I-130 process is completed, so i can do my part of it, etc.

god...i cant believe all of this is happening.

so close...but now, far too far.

[Randy Petersen 0]

Hello, I am planning a trip to submit my I-130 to Guangzhou, China. I am a resident here in China and plan on staying here and working here until I can go home to USA with my wife. I can't seem to find any news on the consulate website, I know that the consulate has a USCIS office, will that be sufficient or no? If not, will I have to send these forms to USA?

Thanks,

Randy

[payxibka 10,044]

Hello, I am planning a trip to submit my I-130 to Guangzhou, China. I am a resident here in China and plan on staying here and working here until I can go home to USA with my wife. I can't seem to find any news on the consulate website, I know that the consulate has a USCIS office, will that be sufficient or no? If not, will I have to send these forms to USA?

Thanks,

Randy

That is a question for them to answer... the information so far would indicate that you file your petition at the USCIS office that is responsible for your (the USC's) place of residence. Since you are residing in China, you may still be OK

Edited January 27, 2007 by fwaguy

[Randy Petersen 0]

Thanks,

I have an email into them, but it will take several days to get an email back from them...

Thanks for your fast reply, though... When I first contacted them(a few weeks ago) they stressed the importance of having a residence permit.

Randy

[The Portfolios 0]

Hello, I am planning a trip to submit my I-130 to Guangzhou, China. I am a resident here in China and plan on staying here and working here until I can go home to USA with my wife. I can't seem to find any news on the consulate website, I know that the consulate has a USCIS office, will that be sufficient or no? If not, will I have to send these forms to USA?

Randy,

This is from the USCIS website, updated for the new law:

If you reside in Africa, Asia, Australia or the Pacific, file your I-130 with:

By Mail:

USCIS California Service Center

P.O. Box 10130

Laguna Niguel, CA 92607-1013

USA

By Courier:

USCIS California Service Center

2400 Avila Road

Laguna Niguel, CA 92607

USA

You can read this page at http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Aphidfreak 0]

How does this effect petitions ALREADY FILED AND APPROVED IN THE UK?

[avoci 0]

Ok this is a little off the DCF topic. But since the IMBRA mess I worry about all this #######. Are we to assume that after 7/27/06 that USCIS complied with the new law? So petitions adjudicated after that date at USCIS will not be affected in any way? As in DOS saying "sorry we are sending your petion back to USCIS to be readjudicated since they never did the IBIS check".

Can somebody please tell me where they are seeing this July 27th date? Is there a link to a web site? I have not found it anywhere.

Thanks!

[payxibka 10,044]

How does this effect petitions ALREADY FILED AND APPROVED IN THE UK?

That is a question to be ASKED OF THEM. They happen to have a USCIS sub-office at the embassy so it might not be as big a deal in the UK as it is for other countries...

[avoci 0]

The way I read the law, the petitioner could have been convicted of assault of either an adult or child, murder, and rape of an adult.... and the petition would not be deniable under the new law and the sponsored spouse and their children would be unaware of the petitioner's crimes.

This law offers only a tiny amount of protection while putting an increased burden on the already strained immigration system. And typically, it was implemented in a horrific manner.

I do not wish to scare anyone, but since the law came into effect in July, unless you had all your processing done by that date, you may be subject to having your case re-opened. If you DCFd after July and have already received your IR/CR visa -- you might have to have the IBIS check done. This includes those who have already landed in America. If your spouse is found to have committed a sexual offense against a minor, the visa might be rescinded on the grounds that DOS/USCIS did not do an adequate background check.

I feel terribly for those of you caught up in this.

And what if my I130 was approved on July 5, 2006? BUT we are still waiting for an interview?

Amy