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

[meauxna 15]

I can't help any of your with your decision about pulling a US-filed petition and refiling abroad, but iluvmymac--there is no 'return' of your documents when you cancel a case.

IF you want to cancel a pending petition, you should do so by mail, sent by some sort of trackable method. That is really all there is to it. You won't get any response, but the case will eventually die. Proof of this mailing seems to be what Tokyo wants.

[iluvmymac 0]

I can't help any of your with your decision about pulling a US-filed petition and refiling abroad, but iluvmymac--there is no 'return' of your documents when you cancel a case.

IF you want to cancel a pending petition, you should do so by mail, sent by some sort of trackable method. That is really all there is to it. You won't get any response, but the case will eventually die. Proof of this mailing seems to be what Tokyo wants.

That's what I was thinking all along, but the Tokyo embassy seems to be making stuff up as they go. (!)

[meauxna 15]

I can't help any of your with your decision about pulling a US-filed petition and refiling abroad, but iluvmymac--there is no 'return' of your documents when you cancel a case.

IF you want to cancel a pending petition, you should do so by mail, sent by some sort of trackable method. That is really all there is to it. You won't get any response, but the case will eventually die. Proof of this mailing seems to be what Tokyo wants.

That's what I was thinking all along, but the Tokyo embassy seems to be making stuff up as they go. (!)

That may be, but my answer is based partly on others' experiences over time. Tokyo doesn't want any of you to re-file, so they're hedging. There is no "official' method for canceling a case anyway, and no law that prohibits you having two identical petitions in 'the system'.

[ribki 0]

I tried calling USCIS from Ukraine today but never got to a human being. No info on the menus about withdrawing a petition. I am wondering what others have decided to do about withdrawing and refiling DCF. I guess we are just going to write a letter to CSC where our I-130 is, include a copy of I-797 (NOA1) and maybe copies of passports, explain our situation and asked that the petition be withdrawn. I read in the on-line adjudicator manual that they are supposed to send a letter confirming withdrawal of a petition but I am not sure that they practice this. It doesn't seem like a big deal in the manual. Here is the text from the manual if anyone is interested:

20.4 Petition Withdrawal. A petitioner or applicant may withdraw a petition or application prior to adjudication. Withdrawal is a voluntary action. It should not be coerced, although it may be suggested as an alternative to a formal denial. Whenever a withdrawal is received, it should be acknowledged, in writing, for the record. Although a withdrawal by a petitioner is not necessarily an indication of fraud, the facts surrounding any prior withdrawal should be considered in the event a subsequent petition is filed by the same pe titioner.

[malka 0]

Ribki, I've had some luck getting through to a live person at the USA central USCIS by pretending I have an old fashioned rotary phone. But the person I got was clearly just using key words I said to pull up information and then reading from a script - probably the manual you quote here, so I'm not sure how helpful you'll find the call!

[ribki 0]

In case anyone is interested in DCF in Kyiv, we decided to withdraw our petition in California (via letter by USPS) and today I called their new call center for an appointment. This time they knew how to schedule an I-130 submission but she was very reluctant to make the appointment. I had to convince that I legally am resident in Kyiv before she would go further. They offered lots of appointment times in April. I got one for April 10. They only accept I-130s two days a week at 10:00AM. Good luck to everyone else who may be re-filing their petitions through DCF.

[ufc_cat 0]

Hey Ribki..

Good luck...and did they say HOW LONG IT WOULD TAKE TO GET YOUR VISA VISA DCF??? Im trying to decided if I should cancel and go with DCF or wait out my k3/130 in the states in CA!!!

I hear that DCF isnt faster now but I dont know!!

[ribki 0]

Hey Ribki..

Good luck...and did they say HOW LONG IT WOULD TAKE TO GET YOUR VISA VISA DCF??? Im trying to decided if I should cancel and go with DCF or wait out my k3/130 in the states in CA!!!

I hear that DCF isnt faster now but I dont know!!

I didn't ask because the call center people don't know anything. I guess it's still too early to tell how long DCF will take in Kyiv. I assume that each embassy will be different so it's impossible to tell at this point how DCF will work post Adam Walsh.

We hadn't filed an I-129F in the US and our I-130 had only been at the California center for three weeks or so when DCF returned. For me, even if it takes the same amount of time, I would rather do all the paperwork through the embassy since I live just 20 minutes from there. I can't imagine the frustration of doing all the NVC documents from Ukraine, mailing back and forth, etc., and the cost for faster mailing. Personally, it seems that DCF will still be faster than waiting for an I-130 to be approved in the US. California seemed to be processing some applications in 2-3 months but it may slow down at any point. And then there are possible delays in going from the processing center to Vermont then to the embassy. But if you don't live near your embassy, I can imagine that would add expense and time too.

Edited April 2, 2007 by ribki

[peter n peyton 0]

Hi Iluvmymac (and all other Japan DCF filers),

I called the embassy yesterday and they confirmed what meauxna said: even if you applied to Cali, you can apply again thru DCF to the Tokyo Embassy with no penalty. I asked the lady 3 times just to make sure that I didn't have to cancel my other application to Cali, and she said "Don't worry about it" each time. So we're going to go ahead and apply thru the Tokyo embassy. When the visa is actually in my hand, then I will think about canceling the other application, but until then it sounds like it not a problem.

Also, the embassy lady told me that the will do an initial criminal check for the US citizen spouse at the embassy... If it comes back clean, there is no need to get a more detailed report from USCIS. Can anyone else confirm this?

Peter

I can't help any of your with your decision about pulling a US-filed petition and refiling abroad, but iluvmymac--there is no 'return' of your documents when you cancel a case.

IF you want to cancel a pending petition, you should do so by mail, sent by some sort of trackable method. That is really all there is to it. You won't get any response, but the case will eventually die. Proof of this mailing seems to be what Tokyo wants.

That's what I was thinking all along, but the Tokyo embassy seems to be making stuff up as they go. (!)

[iluvmymac 0]

Hi Iluvmymac (and all other Japan DCF filers),

I called the embassy yesterday and they confirmed what meauxna said: even if you applied to Cali, you can apply again thru DCF to the Tokyo Embassy with no penalty. I asked the lady 3 times just to make sure that I didn't have to cancel my other application to Cali, and she said "Don't worry about it" each time. So we're going to go ahead and apply thru the Tokyo embassy. When the visa is actually in my hand, then I will think about canceling the other application, but until then it sounds like it not a problem.

Also, the embassy lady told me that the will do an initial criminal check for the US citizen spouse at the embassy... If it comes back clean, there is no need to get a more detailed report from USCIS. Can anyone else confirm this?

Peter

I have an appointment tomorrow 4/5 to re-file I-130. I'll post back on how it went. I was thinking the same as Peter: I'm not going to cancel my other petition until we have the visa in hand.

Also, about the quick criminal checks, that appears to be correct. We've heard reports of some people who have been to the embassy last week to file and were told by the embassy "6-7 weeks".

For those who are re-filing, don't forget the item on pg 2 of the I-130 that asks if you've ever filed an I-130 "for this or any other alien".

[ribki 0]

Good luck to the Japanese filers! It's very odd (and frustrating and sort of humorous all at the same time) that the Kyiv embassy explicitly told me in an email and over the phone that you cannot file DCF in Kyiv if you have a petition pending in the US. I have an appointment to refile April 10. I will report back. I think it's possible that one person answers email and the phone but other people actually deal with and receive the petitions. Or it may be that Kyiv is just trying to keep people from filing DCF.

[ufc_cat 0]

Peter and Peyton, thats good news.Thanks for the updated info your fellow japanese filers.

Im going to see whats happening on my end...im got some movement in my case....with my I-130.

Iluvmymac, I'd love to know how things go with your appointment.

Maybe you tell share what all happened and what they specifically required and asked for??? how long will it take to get your visa???

[ribki 0]

From another VJ thread, I found this link to the US Embassy in India. This is what they have to say about re-filing DCF:

If you have already filed an I-130 petition for this Alien Relative in the US, the US citizen petitioner must provide us with proof that that specific petition has been withdrawn or that processing on that petition has been terminated. We will accept a Notice of Action (form I-797) from US CIS offices to such effect. We will also accept a photocopy of a certified and/or registered letter to the US CIS office processing that petition in which you request termination and/or withdrawal of that petition. Such receipts or letters must note the complete receipt number of the petition filed in the US.

[iluvmymac 0]

Back from the embassy. It was a breeze, except for waiting to go through the security checkpoint.

On page 2 of my I-130 I answered yes to the question if I had ever filed a petition for this or any other alien, and so they asked me only two questions about that:

1. "So, USCIS is taking a long time to process, around 6 months?" I said yes....

2. "You do understand that you have to pay the filing fee again?" I said yes.... and that was it.

They told me it would be approved in about 2 weeks.

[ribki 0]

Back from the embassy. It was a breeze, except for waiting to go through the security checkpoint.

On page 2 of my I-130 I answered yes to the question if I had ever filed a petition for this or any other alien, and so they asked me only two questions about that:

1. "So, USCIS is taking a long time to process, around 6 months?" I said yes....

2. "You do understand that you have to pay the filing fee again?" I said yes.... and that was it.

They told me it would be approved in about 2 weeks.

That's great! Thanks for telling us what happened.