Sending I-130 From New Zealand

[americankiwi 0]

Hi there, just wondering if someone could give me a bit of insight.....As most of you may of heard many overseas consulates (including Auckland, NZ) are no longer able to accept I-130 petitions and they must be filed at USCIS in the states. I am a USC and have resided in New Zealand for 4 years, but still have an active address in New York (my dad's house) and a valid NY State driver's license so I sent the I-130 to USCIS in Vermont (Has jurisdiction over New York as per the instructions) but after reading some more it says that if you are a USC residing abroad, specifically the pacific you should send your petition to California, does this mean that once Vermont see's my NZ address on the petition they won't process it there and forward it to California? Our plans have already been ruined by this change and I'm afraid theres going to be a further delay since I sent it to Vermont....Anyone have any thoughts?

[meauxna 15]

Hi there, just wondering if someone could give me a bit of insight.....As most of you may of heard many overseas consulates (including Auckland, NZ) are no longer able to accept I-130 petitions and they must be filed at USCIS in the states. I am a USC and have resided in New Zealand for 4 years, but still have an active address in New York (my dad's house) and a valid NY State driver's license so I sent the I-130 to USCIS in Vermont (Has jurisdiction over New York as per the instructions) but after reading some more it says that if you are a USC residing abroad, specifically the pacific you should send your petition to California, does this mean that once Vermont see's my NZ address on the petition they won't process it there and forward it to California? Our plans have already been ruined by this change and I'm afraid theres going to be a further delay since I sent it to Vermont....Anyone have any thoughts?

hi,

CIS took down the specific 'special instructions' you're referring to---they were only up for two days. Apparently you may have been able to send it to Bangkok, but I think VSC is a safe bet--safer than anything else. Just make sure someone is picking up your US mail at that address.

Good luck; I hope you will keep us posted as you're one of the first brave souls to send an I-130 in this week!

[americankiwi 0]

Bangok?? Where did you see that, the lady on the phone at the Auckland consulate told me to send it to the USCIS in the states.... What do you mean by "Just make sure someone is picking up your US mail at that address."? My address on the I-130 is here in New Zealand, will they not send correspondence to New Zealand? I'm worried now!!

[americankiwi 0]

Well after talking to USCIS it sounds like my petition will most likely be returned to me because I put my New Zealand address on it, I'll have to re-send it with my New York address on it even though I haven't lived there in 4 years! Puts me behind now by another month, bummer!

[Yodrak 7]

americankiwi,

The USCIS District Office for asia is in Bangkok. Initially it was uncertain if expats could continue to file I-130 with the USCIS overseas, but apparently they cannot. At least not in Bangkok.

Yodrak

Bangok?? Where did you see that, the lady on the phone at the Auckland consulate told me to send it to the USCIS in the states.... .

[americankiwi 0]

so it sounds like I was correct in sending it to Vermont as I still have an active address in New York but I was wrong by puttting my NZ address on the form....i just figured I should put where i'm living now, i didn't want to lie because i haven't lived at that address in ny for 4 years.....i'm praying they don't send it back, what do you think?

[Yodrak 7]

americankiwi,

I think you were correct to put the address where you are living, because that's what the question asks for. I don't think the petition will be sent back to you because you put a New Zealand address, although it may be. But hopefully, if the petition belongs at the CSC because of that address, the VSC will send it there.

I suspect that the USCIS person you mention speaking with in your 3rd post is one of the uninformed Customer [Dis]Service contractors at the 1-800 Mis-information Line?

Yodrak

so it sounds like I was correct in sending it to Vermont as I still have an active address in New York but I was wrong by puttting my NZ address on the form....i just figured I should put where i'm living now, i didn't want to lie because i haven't lived at that address in ny for 4 years.....i'm praying they don't send it back, what do you think?

Edited February 1, 2007 by Yodrak

[americankiwi 0]

americankiwi,

I think you were correct to put the address where you are living, because that's what the question asks for. I don't think the petition will be sent back to you because you put a New Zealand address, although it may be. But hopefully, if the petition belongs at the CSC because of that address, the VSC will send it there.

I suspect that the USCIS person you mention speaking with in your 3rd post is one of the uninformed Customer [Dis]Service contractors at the 1-800 Mis-information Line?

Yodrak

Hey Yodrak, thats what I was thinking lets hope we're both right!! Yes I called the 1 800 line, "mis-information" "[Dis] Service contractors"......she actually had to put me on hold to find out for me because she obviously wasnt too sure herself!! So have you had many bad experiences with the people at this number? Also not to be nosey but where are you from, are you married to a USC or vice versa and living in the States? Just really interested in hearing people's stories! I can't get over how hard and lengthy this all is, all i want to do is go home and see my neice that was just born a week ago and its killing me that i can't! Well i can but i would never leave without my husband.....We're going the K3 route but I've been reading and it says they're only processing applications from July thats 6 months ago, then on top of that is all the other stuff you need to do once the consulate abroad contacts you which is probably an addition couple of monthsi dont see the point in creating a visa who's purpose is to shorten the waiting time when the process takes that long anyways, very frustrating! I wish I would of filed with the consulate in october like i had planned! owell!

[Hannah and Grant 0]

nice to see another kiwi/american combo about.

im a New Zealand citizen (Christchurch) and my fiance is American. were getting married tomorrow here in Christchurch.

we found out while my fiance was half way over the pacific, that they cant process my visa via Auckland.

we'll be sending off I-130's and such very shortly....

best of luck to you.

let us know how everything goes for you.

[americankiwi 0]

nice to see another kiwi/american combo about.

im a New Zealand citizen (Christchurch) and my fiance is American. were getting married tomorrow here in Christchurch.

we found out while my fiance was half way over the pacific, that they cant process my visa via Auckland.

we'll be sending off I-130's and such very shortly....

best of luck to you.

let us know how everything goes for you.

Hi there! I was so devastated last Friday when I heard that we couldnt file in Auckland, I couldnt stop crying when she said it will take 10-12 months or more!! We were planning on moving back in June, thats out the window now! Gonna go the K3 route but that will still take a solid 6 months maybe a bit more!! Have a great day tomorow, will keep you posted, you do the same when you start....

americankiwi,

I think you were correct to put the address where you are living, because that's what the question asks for. I don't think the petition will be sent back to you because you put a New Zealand address, although it may be. But hopefully, if the petition belongs at the CSC because of that address, the VSC will send it there.

I suspect that the USCIS person you mention speaking with in your 3rd post is one of the uninformed Customer [Dis]Service contractors at the 1-800 Mis-information Line?

Yodrak

Hey Yodrak, thats what I was thinking lets hope we're both right!! Yes I called the 1 800 line, "mis-information" "[Dis] Service contractors"......she actually had to put me on hold to find out for me because she obviously wasnt too sure herself!! So have you had many bad experiences with the people at this number? Also not to be nosey but where are you from, are you married to a USC or vice versa and living in the States? Just really interested in hearing people's stories! I can't get over how hard and lengthy this all is, all i want to do is go home and see my neice that was just born a week ago and its killing me that i can't! Well i can but i would never leave without my husband.....We're going the K3 route but I've been reading and it says they're only processing applications from July thats 6 months ago, then on top of that is all the other stuff you need to do once the consulate abroad contacts you which is probably an addition couple of monthsi dont see the point in creating a visa who's purpose is to shorten the waiting time when the process takes that long anyways, very frustrating! I wish I would of filed with the consulate in october like i had planned! owell!

Just read you're timeline, I suppose 7 months to get to the states isn't too bad....

[meauxna 15]

so it sounds like I was correct in sending it to Vermont as I still have an active address in New York but I was wrong by puttting my NZ address on the form....i just figured I should put where i'm living now, i didn't want to lie because i haven't lived at that address in ny for 4 years.....i'm praying they don't send it back, what do you think?

I don't know how they were supposed to know that you had a NY address.....

BUT, you will be happy I'm sure to hear this good news:

http://britishexpats.com/forum/showpost.ph...amp;postcount=1

Service Center Operations gave the following statement to AILA:

"The public notice telling overseas petitioners to file their I-130s with the CSC and the VSC was pulled late Friday evening, 1/26, shortly after it was posted. The companion I-130 forms entry page was pulled Monday morning, 1/29. The revised filing instructions for overseas petitioners are not yet in effect, pending further discussions with DOS. In the meantime, we have provided appropriate instructions to the contracts and records staff at the CSC and VSC to ensure that any I-130s received from petitioners residing overseas are not rejected.”

__________________

"Folinskyinla"

Certified Specialist

Immigration & Nationality Law

Calif. Bar Board of Legal Specialization

PS: the "short cut" K-3 takes as long as the IV *now*. But when it was invented, the IV took closer to 3 years, so a K-3 made sense. Don't be *(&($@ into applying for something you don't need.

[americankiwi 0]

so it sounds like I was correct in sending it to Vermont as I still have an active address in New York but I was wrong by puttting my NZ address on the form....i just figured I should put where i'm living now, i didn't want to lie because i haven't lived at that address in ny for 4 years.....i'm praying they don't send it back, what do you think?

I don't know how they were supposed to know that you had a NY address.....

BUT, you will be happy I'm sure to hear this good news:

http://britishexpats.com/forum/showpost.ph...amp;postcount=1

Service Center Operations gave the following statement to AILA:

"The public notice telling overseas petitioners to file their I-130s with the CSC and the VSC was pulled late Friday evening, 1/26, shortly after it was posted. The companion I-130 forms entry page was pulled Monday morning, 1/29. The revised filing instructions for overseas petitioners are not yet in effect, pending further discussions with DOS. In the meantime, we have provided appropriate instructions to the contracts and records staff at the CSC and VSC to ensure that any I-130s received from petitioners residing overseas are not rejected.”

__________________

"Folinskyinla"

Certified Specialist

Immigration & Nationality Law

Calif. Bar Board of Legal Specialization

PS: the "short cut" K-3 takes as long as the IV *now*. But when it was invented, the IV took closer to 3 years, so a K-3 made sense. Don't be *(&($@ into applying for something you don't need.

Thanks for that, just about made my day!! So you don't recomend the K3? The lady at the consulate in Auckland said approval of the I-130 will take 10-12 months or more now that it has to go the states and then once its approved aren't there quite a few other packets/forms to fill out send back, which takes an additional few months we're talking over a year now....After reading I-129F timelines it looks to be on average 7 months which I think we can handle!

[americankiwi 0]

so it sounds like I was correct in sending it to Vermont as I still have an active address in New York but I was wrong by puttting my NZ address on the form....i just figured I should put where i'm living now, i didn't want to lie because i haven't lived at that address in ny for 4 years.....i'm praying they don't send it back, what do you think?

I don't know how they were supposed to know that you had a NY address.....

BUT, you will be happy I'm sure to hear this good news:

http://britishexpats.com/forum/showpost.ph...amp;postcount=1

Service Center Operations gave the following statement to AILA:

"The public notice telling overseas petitioners to file their I-130s with the CSC and the VSC was pulled late Friday evening, 1/26, shortly after it was posted. The companion I-130 forms entry page was pulled Monday morning, 1/29. The revised filing instructions for overseas petitioners are not yet in effect, pending further discussions with DOS. In the meantime, we have provided appropriate instructions to the contracts and records staff at the CSC and VSC to ensure that any I-130s received from petitioners residing overseas are not rejected.”

__________________

"Folinskyinla"

Certified Specialist

Immigration & Nationality Law

Calif. Bar Board of Legal Specialization

PS: the "short cut" K-3 takes as long as the IV *now*. But when it was invented, the IV took closer to 3 years, so a K-3 made sense. Don't be *(&($@ into applying for something you don't need.

Thanks for that, just about made my day!! So you don't recomend the K3? The lady at the consulate in Auckland said approval of the I-130 will take 10-12 months or more now that it has to go the states and then once its approved aren't there quite a few other packets/forms to fill out send back, which takes an additional few months we're talking over a year now....After reading I-129F timelines it looks to be on average 7 months which I think we can handle!

Actually even according to the instructions that were pulled down on 29/01:

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

I still didn't sent it to the correct one as per the previous instruction.....I should of sent to California...perhaps vermont will just forward to California....i guess the main thing is that they dont send it allllllllllllllll the way back to me in nz!

[meauxna 15]

Thanks for that, just about made my day!! So you don't recomend the K3? The lady at the consulate in Auckland said approval of the I-130 will take 10-12 months or more now that it has to go the states and then once its approved aren't there quite a few other packets/forms to fill out send back, which takes an additional few months we're talking over a year now....After reading I-129F timelines it looks to be on average 7 months which I think we can handle!

Yeah, I thought you'd like that

I don't know anything about your situation to know if K-3 is appropriate for you. I do know that many people think that just the K-3 is the spouse visa and that they must apply for one. You need to look at the entirety of your situation to see if a couple of months sooner into the US is worth the lack of work authorization and delay in gaining Permanent Residence.

You should def. keep your eye on the DCF news--I have a feeling that something good might be on the way soon. It could be that you will have an opportunity to refile your I-130. Fingers crossed.

[americankiwi 0]

Thanks for that, just about made my day!! So you don't recomend the K3? The lady at the consulate in Auckland said approval of the I-130 will take 10-12 months or more now that it has to go the states and then once its approved aren't there quite a few other packets/forms to fill out send back, which takes an additional few months we're talking over a year now....After reading I-129F timelines it looks to be on average 7 months which I think we can handle!

Yeah, I thought you'd like that

I don't know anything about your situation to know if K-3 is appropriate for you. I do know that many people think that just the K-3 is the spouse visa and that they must apply for one. You need to look at the entirety of your situation to see if a couple of months sooner into the US is worth the lack of work authorization and delay in gaining Permanent Residence.

You should def. keep your eye on the DCF news--I have a feeling that something good might be on the way soon. It could be that you will have an opportunity to refile your I-130. Fingers crossed.

So you're saying that you think I may be able to refile at the consulate at one point? I can see where you're coming from with regards to it not being worth getting to the states a few months sooner but I'm really at the point where I want to get there asap, my sister just had her first baby and I dont want to miss out on any more! Plus we're prepared for my husband not working for the first couple of months, we're saving alot money to bring back with us for just that reason, plus I'll be able to work right away and we're staying at my father's house for free so we're not going to be strapped for money and need us both to be working straight away...But anyway lets just hope that whatever route we wounding having to take is a speedy one, I MISS MY FAMILY