what about people who filed to CALI after they axed DCF but want to do DCF now????

[ufc_cat 0]

I know tokyo is back doing DCF but I have filed with CALI uscis office because we instructed to do so.

(****I meet the residence requirement because i have been living in Japan for 5 years and I have a valid Japanese visa until 2008 and my wife has been living in Japan for 10 years.)

WHAT are oveaseas filers supposed to do if we filed in the states but NOW...we want to do DCF??

Can someone find out ???

Tokyo is not useful and you have to pay money if you want to call them or email them which is B.S.Plus....I dont live in Tokyo...and the osaka office doesnt answer immigrant questions.They have always told me to call tokyo.

Any suggestions on this issue would be great!!!

anyways....

heres what tokyo requires but they dont mention anything about people who filed in the states and what to change..

Print out this page and check the boxes pertaining to your type of visa.

For each I-130 please submit original documents (bearing an original seal, stamp or signature of the office of record) plus one photocopy. English translations of all foreign language documents are required. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct. The translator must certify that he/she is competent to translate the foreign language into English.

Do not send anything to the Embassy or Consulate. Bring your documents to the interview. Before making an appointment, make sure you have all the necessary documents. All applicants must present the following documents at the interview:

1) I-130: This form is required in all cases. (Download form I-130 ) At the bottom of the first page of the I-130 please write an email address where we would be able to reach you.(completed this)

2) Evidence of Residency: The petitioner must provide evidence of residency in Japan for at least the preceding 6 months. Evidence may be a valid Japanese visa and proof of entry, a Japanese permanent residency permit, U.S. military orders, etc. (i assume my alien registration card and work visa on my passport will work)

3) Photograph: A 5cm x 5cm photo with a white background, taken within the last six months. The head (measured from the top of the hair to the bottom of the chin) should measure between 25 to 35mm with the head centered in the frame facing straight ahead. Please submit one photo of the petitioner and one for each beneficiary (i have plenty of these mugshots

4) Proof of U.S. Citizenship: An original birth certificate, original U.S. passport or original naturalization certificate are the only acceptable documents. (i have one)

5) Affidavit of Support: (Required only if applying in Tokyo) Form I-864 is a contractual affidavit of support. Most family-based visa applicants must submit an I-864 completed and signed by the petitioning relative (sponsor). Mistakes in completing the I-864 are the most common reason for refusing an immigrant visa application. Please read all instructions carefully before filling out the I-864. (few questions....i need to file my taxes...i have completed the necessary docs...1040/2555/w-7w-2s for me and my wife..can i send this to texas irs and just bring of copy of completed 1040/2555/w-7???

I made about 30,000 last year and so did my wife..i would assume we meet the requirements to be above the poverity line but we arent in the US..so i would need a co-sponsor..right? )

one more question, if i file in NAHA..do it looks like i dont need to do the I-864...or does this only apply for the military..i thought it might be fun to file in okinawa and get a visa and a vacation out of the whole deal??

6) Photo ID: Please submit a copy of a U.S. passport, a U.S. military ID card or other photo identification for petitioner. (i have copies of my passport, valid us DL,japanese alien registration card)

7) Birth Certificate: Please provide an original birth certificate for the beneficiary. Note: For any birth certificate registered more than 6 months after the date of birth, please provide a written statement explaining why the birth was registered late and 2 alternate forms of original, secondary evidence of identity. Secondary evidence of identity normally means original documents dating from the time of your birth and childhood, such as prenatal records, doctor's notes and baby book, baptismal certificates issued on the date the baptism took place, school records/report cards registered or signed by the parents, or pieces of government-issued identification (SS card, driver's license, etc.). (i have a notarized/translated copy from china)

8) Copy of Beneficiary's Passport: Please provide a copy of the picture ID page, U.S. visas, other foreign visas and SOFA stamp, if any. If the beneficiary is non-Japanese, please also provide all previous passports for the beneficiary. (i have a few copies)

9) Biographic Information Form: The petitioner and the beneficiary should both separately complete form G-325. (download form G-325.) (i have these...but ...what about 325-a??

10) Immigrant Visa Application Form: The beneficiary should complete Part 1 and Part 2 of form DS-230. Please do not sign the bottom of the last page of Part 2. You will need to sign that form in the presence of a consular officer after taking an oath. (Download form DS-230)

(i have done these )

(11) Application Fee: The fee is $190 which can be paid at the consular cashier. Payment is accepted in yen or U.S. dollars. You may also pay by credit card (Visa, Mastercard, Discover, American Express, Diner's Club) or by money order payable to "U.S. Embassy, Tokyo".

(i can pay it)

If the petition is for a spouse or step-child, you must also include:

12) Marriage Certificate: Please provide an original marriage certificate from the jurisdiction where the marriage took place. If the marriage occurred in Japan, please submit a copy of the family registry.

(i got a notarized translated copy from the osaka office)

13) Divorce Decree or Death Certificate: Original divorce decrees or death certificates, or certified court copies of the certificates, showing termination of all prior marriages of petitioner and/or beneficiary are acceptable. (doesnt apply to me)

14) Proof of Relationship: If you have been married less than two years, please provide a statement of how you met and evidence of your on-going relationship.[b](been married for 2.7 years)[/b]

If the petition is family-based, you must also include:

15) Birth Certificate for Beneficiary's Children: Please provide an original birth certificate or consular report of birth for beneficiary's children. (no kids)

Appointments can only be booked for up to three months in advance.

Thats what the tokyo website says...any advice or answers to my questions would be great.

[meauxna 15]

If you want to file with Tokyo now, do so. You absorb the additional I-130 fee.

Previous Tokyo cases took about a month-2; no one can tell you how fast it will be now.

I guess you have to weigh the hassle of the NVC portion vs the $190 etc. You will want to formally cancel the US I-130 in writing if you re-file abroad (tie up those loose ends).

[ufc_cat 0]

thanks ....money is no problem for me....im worth millions ....of YEN that is

BUT.....question about ....5) Affidavit of Support: (Required only if applying in Tokyo) Form I-864 is a contractual affidavit of support. Most family-based visa applicants must submit an I-864 completed and signed by the petitioning relative (sponsor). Mistakes in completing the I-864 are the most common reason for refusing an immigrant visa application. Please read all instructions carefully before filling out the I-864. (few questions....i need to file my taxes...i have completed the necessary docs...1040/2555/w-7w-2s for me and my wife..can i send this to texas irs and just bring of copy of completed 1040/2555/w-7???

I made about 30,000 last year and so did my wife..i would assume we meet the requirements to be above the poverity line but we arent in the US..so i would need a co-sponsor..right? )

one more question, if i file in NAHA..do it looks like i dont need to do the I-864...or does this only apply for the military..i thought it might be fun to file in okinawa and get a visa and a vacation out of the whole deal??

[iluvmymac 0]

If you want to file with Tokyo now, do so. You absorb the additional I-130 fee.

Previous Tokyo cases took about a month-2; no one can tell you how fast it will be now.

I guess you have to weigh the hassle of the NVC portion vs the $190 etc. You will want to formally cancel the US I-130 in writing if you re-file abroad (tie up those loose ends).

I'm thinking of doing the same. Already filed at CA USCIS last month, but there's no telling how long they will take.

Especially considering "weighing the hassle of the NVC portion" as Meauxna said. They are slow as well, plus you pay $70 to file the I-864, so the difference in re-filing is $120, not including postage for all the mailing back and forth to NVC. Time is money, as they say!

Now, how do you cancel the case pending in CA?

[ufc_cat 0]

I emailed 4 different USCIS(one in the US,Bangkok,Seoul and Rome)offices hoping to find out the answer for people who already filed in the US but want to do DCF now. I hope to hear something soon.

I dont mind paying more.I have plenty of $$ if it means i can get in the US sooner.

[ufc_cat 0]

Update:

I finally got an offical response and one bs response.

Seoul was waste of time even though they reside over Japan.

Here is their response "Sir,

You need to contact the consulate where you reside for guidance."

But ROME was helpful....

Dear Sir,

at this point the decision is up to you.

If you wish you may file a new I-130 Petition with the closest American Consulate overseas.Consulates overseas are now accepting again I-130 petitions for US citizens

resident in the country(cable 35045 from Dep. of State just came out a few days ago).

In this case you will have to cancel the I-130 and I-129F that you have already filed.

Regards,

Department of Homeland Security

US Citizenship and Immigration Services

American Embassy Rome, Italy

I hope this clear up any confusion you might have if you are like me and file in the US via the Cali USCIS and Chicago USCIS offices.

I think i will wait for my noal for my I-129F which i expect to arrive this friday.It takes a bout 2 weeks to arrive and then i will cancel those petitions..AND schedule an interview with TOKYO.It looks like Tokyo wont let you file or mail them the I-130 until you have you interview scheduled and then you bring it all at once.

Is this right Japanese filers?? Did the read the tokyo website correctly.

Thanks again.

[iluvmymac 0]

I called USCIS. After going through all the button pushing, I talked to a nice lady and told her that even though I had already filed at CSC, I wanted to know if it was possible to transfer my case to the Tokyo embassy. She said that I could send a written request to CSC, and that it's possible that once it's approved they will send it back. It doesn't sound like a guarantee, and of course it's not known how long it will take.

So now I don't know if I should try this, or just go ahead and re-file at the embassy. If I re-file, how do I cancel the original case at CSC?

[iluvmymac 0]

AND schedule an interview with TOKYO.It looks like Tokyo wont let you file or mail them the I-130 until you have you interview scheduled and then you bring it all at once.

Is this right Japanese filers?? Did the read the tokyo website correctly.

Thanks again.

Yeah, you can't file by mail anymore (that process ended at the end of Dec.) or on a walk-in basis.

So, the only way you can file is to schedule an appointment and have everything on the checklist ready by then.

[ufc_cat 0]

I think i will cancel my 2 petitions in the US because it looks like it will take about 5 more months and id like to have my interview in april or may and have the visa ready to go before JUNE.

HOW..im assuming we would have to contact CALI and Chicago and tell them of our plans.I imagine we need to send a letter as well but im not an expert.

It sucks that we have to file in person in Tokyo because i live in OSAKA but if i can file the 1-130 and all docs then i will do it soon!!!

[ribki 0]

I am in Kyiv, Ukraine, and the embassy here is now accepting I-130s but you have to get an appointment through a new call center that began work today. The call center people didn't know how to give me an appointment for an I-130 and said they would call me later with the info. An embassy staff member emailed me their guidelines for submitting the I-130 but their website still says they don't accept them. There was no explanation as to how they will determine residency in Ukraine.

I filed in the California center (NOA1 on March 6,2007). I want to file and plan to but wonder what I should do about the I-130 I filed in California. Exactly how do you "cancel" a petition? Does anyone really know about this? Will I have to show the embassy some kind of confirmation of this cancellation? The I-130 asks if you have ever submitted a petition for this person or anyone else. Would really like to hear from anyone who knows about "cancelling" or "withdrawing" a petition. I am not even sure what the correct verb is for it. I have appreciated everyone's helpful commentary as we all play this waiting game.

[iluvmymac 0]

I think i will cancel my 2 petitions in the US because it looks like it will take about 5 more months and id like to have my interview in april or may and have the visa ready to go before JUNE.

HOW..im assuming we would have to contact CALI and Chicago and tell them of our plans.I imagine we need to send a letter as well but im not an expert.

It sucks that we have to file in person in Tokyo because i live in OSAKA but if i can file the 1-130 and all docs then i will do it soon!!!

K, I'm really wondering how long DCF will take. I don't know if the embassy has a way to quickly do the background check (online, by e-mail, fax, phone) or if they have to send the paperwork by snail mail to USCIS for them to do the checks, which would take longer.

I think I will have to pay the ¥1500 and call the embassy and see what they say.

[ufc_cat 0]

Great.... let me know what they say???

[iluvmymac 0]

Great.... let me know what they say???

Here's what they said:

If you have a petition pending in the US, you have to cancel it before filing DCF. The cancelation can be made by calling USCIS customer support (as stated on the bottom of NOA1), but you have to wait until you get the documents back which could take 3 weeks more or less.

Some people who had petitions pending between July 06 and January 23 07 are starting to get re-approved and notification from the embassy, but many still have not yet been re-approved, and any new petitions filed after Jan 23, including the new DCF process, are in line behind those previous filers, so DCF could still take approximately 4 months, could be more.

In light of this, since I filed mine on Feb 1, they recommend that I not cancel and just wait a little more, since I already have a 2 month head start.

[iluvmymac 0]

Great.... let me know what they say???

Here's what they said:

If you have a petition pending in the US, you have to cancel it before filing DCF. The cancelation can be made by calling USCIS customer support (as stated on the bottom of NOA1), but you have to wait until you get the documents back which could take 3 weeks more or less.

Some people who had petitions pending between July 06 and January 23 07 are starting to get re-approved and notification from the embassy, but many still have not yet been re-approved, and any new petitions filed after Jan 23, including the new DCF process, are in line behind those previous filers, so DCF could still take approximately 4 months, could be more.

In light of this, since I filed mine on Feb 1, they recommend that I not cancel and just wait a little more, since I already have a 2 month head start.

Well, now, the Tokyo embassy is putting out conflicting info. On another discussion site for Japanese, others have been contacting the embassy with the same questions about refiling and cancellation requirements. In some of the replies the embassy said you can cancel by just sending a letter to USCIS and showing the embassy a copy of the letter when you re-file, and in another they said you can re-file and then cancel the other pending petition.

No one else has been told that you have to wait for the return of the documents as I was told.

I guess the only way to find out is to make an appointment and go there with everything prepared to re-file. I know that this will be a gamble for those outside of the Tokyo area, like k-in-osaka.

[ribki 0]

After several emails and a phone call to the Kyiv embassy, I was told that they don't know anything about cancelling or withdrawing a petition filed in the US. I have to contact USCIS. The consular person did indicate that I would need proof that I had cancelled the petition, but I could refile with that proof. As for the residency requirement in Ukraine, he said there is no specific requirement but stamps in your passport could show you had been resident or "other documents."

I know this doesn't help the filers in Japan but that's the word from Kyiv. We are now debating what to do and have no idea if we should wait it out from California or cancel the petition and hope things go faster in Kyiv. Any thoughts?