Lunamel

I'm glad you've got your chin up David -- I bet it's hard to stay positive right now, and you must miss your wife, but you don't want to go crazy either.

Lyndel, I'm certainly not sticking up for the government here, but the reason they implemented this without notice is that they were actually supposed to implement it from July 27 last year when the Walsh Act became law... So numerous people f*cked up big time by not realizing this sooner. It turns out it's been the law since that date that I-130s can only be approved when a background check is done on the US citizen, and consulates don't have the ability to do this. (And those of us who got our I-130s approved and visas in that period -- me included -- should just thank our lucky stars that they didn't know what they were doing). But I completely agree it's not fair, as USCIS really should know when new laws are passed and their implications -- not only is that their obligation as a government department, but they're screwing with people's lives. And there should have been notice about it at that stage, before last July when the law was actually passed. This points to the greater problem here, I think -- politicians just don't always think through all the implications of their actions when they change the law, particularly when it comes to immigration (as proved by IMBRA).

Hey guys

This really sucks. Koukla07 posted in another thread (here), however, that the I-130s that have already been filed will be sent to the USCIS office in Bangkok for adjudication. That should be a bit faster than being sent back to the US, at least one hopes. It also confirms you won't have to pay another fee, and that the petition you've already filed will eventually be adjudicated. Small comfort, I know, but at least that's something.

David, it's also good your wife can still keep her appointment. Once the I-130 is finally approved, that means that can quickly get the visa approved too.

Elle, I'm so sorry you've been caught up in this too. After all your previous hassles with your other petitions!! If I were you, I'd chase those up, rather than just waiting for the new I-130 to be approved. And hopefully one of them will be approved before too long and you'll be on your way....

Priscilla, sorry I didn't say this before, but congratulations on your wedding! I'd love to see pics when you have them!

Chris

Acording to what has been stated here, it appears that this will not be unlike IMBRA where any I-130 petition where a visa has not already been issued is being recalled so that these mandatory checks can be made.

What is not known is if these checks are being performed at USCIS overseas field offices or if they are being sent back to the US. Personally, I think the better deal would be if they were being sent back to the US so that they can throw more adjudicators onto the problem and push these through...

But the ripples of this will be felt throughout the system, from I-130 applications that are being sent in stateside to I-129F peititons for fiancees....

From what's been said in some other threads, as far as Australia goes, I-130 petitions that have already been filed will be sent to the Bangkok USCIS office rather than back to the US. I assume something similar will happen in other countries. Presumably, this might be quicker than having them sent back to the US, but who knows.

It also seems that Sydney is allowing those with a previously filed I-130 to keep their interview dates, but just for the purpose of handing in their documentation. That way, once the I-130 is finally re-approved, they should have all the necessary info on hand to grant the visa.

Hi All

I received a 'courtesy' phone from Sydney consul today, updating me on this new legislation.

My interview date is next friday!

I was given the choice of waiting or still going ahead to the interview,

I chose to keep the interview appt.

I was told that ALL applications filed at Sydney would be forwarded on to Bangkok, as they have jurisdiction over Australia.

This is not good news, as they are a very tough consulate to deal with.

As I have had to deal with them before.

Sydney does not know how long the process will take,once they send the applications to Bangkok.

They are still pretty much in the dark on this.

I am trying to remain hopeful,

If anyone needs support or advice, plz email me , wentworthie@hotmail.com

Ange

Hi koukla07

Sorry to hear you've got caught up in this unexpected mess. There's a few other aussies who are in the same boat -- a few have been posting in the australian forum: here.

It sounds like a good idea to go ahead with the appointment and give them all your paperwork -- that way, once the I-130 is finally approved, they'll have all your information on file to approve the visa. Who knows how long it will take in Bangkok -- I hope not too long, for your sake. It seems everyone is in the dark, including the embassy folks.

Good luck, and keep us posted.

David, sorry to see that Sydney got onto it so quickly -- when I looked earlier today they still hadn't posted anything. In light of that, I think it's probably a good idea to email them before your wife's interview date to see that she can still have the interview on that day. It would be dreadful if she flew all the way to Sydney and was told she couldn't have the interview then.

I'm sorry you're going through this, it's such rotten luck. I can't imagine how frustrated you must be feeling right now. Hope it all works out ok.

Anybody have any information regarding DCF no longer possible in Australia? I heard I-130s can no longer be approved at US Consulates abroad. I'm not sure if this affects my wife and others who's final interviews are coming up. I tried calling the consulate in Sydney, but as you know, you can only email them, walk-in, or send a letter by post.

Hi everyone. I've been out of the loop for a little while, as I've been busy with my new job. But I logged back on today and saw David's post, and the discussion of DCF changes in the DCF section here

That post explains that some embassies that have previously allowed DCF are now posting notices that effective from Jan 23, 2007, US embassies/consulates can no longer adjudicate I-130 petitions, only the USCIS. Unlike some places like London, as far as I understand Sydney does not have a USCIS office on-site, which suggests that I-130s will have to go to the US for approval.

It looks like this is all legit, and has happened in light of the Adam Walsh Child Protection and Safety Act. Basically, the issue is that as a result of this Act, US citizens who are child sex offenders can no longer petition for relatives to come to the US. Embassies don't have the capacity to do police checks of US citizen-petitioners to determine if they are a child sex offender, so petitions have to be sent to USCIS which can do this.

I don't know what to suggest for you folks caught in the middle of this at the moment. The embassies that have posted information (including Ukraine and Canada) say that where an I-130 petition has already been approved by the embassy but the visa hasn't yet been approved, the I-130 will still need to be sent to USCIS for re-approval.

Sydney hasn't posted any information about this, however. I wonder if it's a good idea to ask, as if the memo hasn't filtered through yet, and this does in fact check out, you might get lucky if your interview is really soon. On the other hand, if you bring it to their attention, then they might do some more research that could work against you. I'd probably hedge my bets and wait, given it's such a short time until your wife's interview.

God, I really really hope for your sakes that you don't get caught up in this mess, given the hassles of getting this far. Let us know if you hear anything, and I'll let you know if I can come up with any more information in the interim....

Hi everyone

Hope you all had a great Christmas and happy New Year! David, sorry you've been held up a bit with the RFE -- hope it all gets sorted out soon. And welcome back Caroline -- did you make it to the cricket? (We've been watching a bit, but it's been a drag that it's so one-sided).

Elle, you can pay the fee by credit card. And I don't know if you need to do a dry-run. Just make sure you try to go up the first set of elevators as close past 7.30 as you can, and then that you get in last for the second set of elevators (so you can get out first). If you do all that you'll be fine! And even if you don't, the worst that can happen is a bit of extra waiting time. Have a look at the reviews under the "Embassy/USCIS Reviews" tab above, there's lots of helpful hints there.

I've just started a new job so I'm crazy busy, but I'll try to drop by again sometime soon...

Getting married in the US and applying for adjustment of status are two different things. There is nothing stopping your friend getting married here, his immigration status is irrevelant for the actual ceremony.

It is relevant, however, for adjustment of status. You say your friend has graduated -- is his F1 student visa still valid, or is he still legally here on optional practical training? If he is (which presumably he is if looking for work), then he should be able to apply for adjustment of status. If he is not, there are ways to go through the process while he is still here, though I don't know all the details -- perhaps someone else can fill you in if this is your friend's situation.

I was initially in the US on an F1 student visa, and the overseas students office were very helpful with advice about this sort of thing. Perhaps this is somewhere your friend should also go to get some advice on how to proceed.

Hi everyone

Happy Christmas to you all! I'm getting geared up for Monday, as we're having my hubby's mother and brother over on Christmas day -- it's the first time I've cooked for them, so I'm a bit nervous! But I got a Chrissy pudding from home and some cake too, so I'm looking forward to that.

Lyndel, I think I posted about the guy I used to send some stuff over, but maybe you didn't see it. The company is Frieghtbiz and they pick up from the main cities in Australia as far as I know (they're based in Sydney but I was in Melbourne which wasn't a problem). They specialize in smaller moves, and I was actually sent to them by OISS Worlwide movers as my shipment was too small for them (20 boxes -- 400kg -- I have too many books!). It worked out pretty cheaply, especially if you arrange to pick the goods up yourself at this end (otherwise you need to pay someone to clear customs and things for you over here). The email is freightbiz@bigpond.com

Hi Emerald, glad you've made it over here. When you go in for the walk-in, you need the immigrant visa section because you're applying for an immigrant visa. The US citizen section is only for matters relating to the US citizen, not you. When you go in, push the top button on the ticket machine, that's the immigrant visa button. And make sure you get there early, as there is bound to be a bit of a wait.

Hope you all have a great holiday

Chris

And Kath, good luck with the job -- hope it all works out for you, it will be good to have some extra cash I bet! Hope you get to talk to your kids over Chrissy too

Congrats on getting packet 3 Lyndel -- it shouldn't be too long now!

Caroline, sorry to hear you're sick, what a bummer! If you're stuffed up when you fly to Australia, I really recommend getting some "Ear Planes" (I think that's the right name?) for the flight. I had the flu over thanksgiving when we flew up to Boston, and I was really worried about my ears, but these ear plugs really did the trick!

The only things you'll need are your passport and the envelope you received from the embassy. Good luck, and hope you have a good trip!

BTW Lyndel: I just had a look at the Air Tahiti Nui site, and their fares look quite reasonable for a February departure (that's when you're looking at going, right?). I say reasonable in a relative sense, of course, because these trans-pacific flights are always so long and expensive But I think it might be your best option: www.airtahitinui.com

Hey Lyndel. There are a few asian airlines you can fly that will go directly to JFK. JAL (Japan Airlines) often have cheapish flights to the US, stopping in Tokyo and going on from there -- I know they also fly direct Tokyo to JFK. Another good option, which will be alot quicker than going through Asia, is Air Tahiti Nui. They only fly from Sydney in Australia, but you can go Sydney -- Tahiti -- JFK. A friend of mine has flown them before and says they're pretty good. Perhaps you can squeeze in a stop-over on the beach on the way too

Kath, the restaurant last night was really good -- they didn't have tim tam icecream, but had a sticky date pudding instead -- yum!

omg kath -- would you believe that i'm actually going there tonight, with some american friends who couldn't make it to the wedding?! i've been there once before, but about 2 years ago. They had a tim tam icecream special that night that was just amazing, i'm hoping they have it again! i'll let you know what we end up having -- yum, I'm getting hungry now just thinking about it!

USPS have a special book rate, which is cheaper than regular mail. However, given she has that many books, perhaps a company that ships by volume rather than by weight would be better. This is how I shipped a lot of books from Australia to the US. I contacted a couple of moving companies, but because I didn't have enough to ship for their purposes (and it was mainly books) they referred me to someone who specializes in smaller shipments. Perhaps this is something your friend could try?

I feel so lucky compared to many of you, because I met my hubby while I was over here in New York studying. We haven't had to spend too much time apart through this process, and I feel incredibly fortunate about that as I know how hard it is for many of you. Mind you, we still met online -- seems to be the most common thing these days, doesn't it?

Kath, it must be exciting having the parcels arrive. We just got one from my folks for Christmas -- not sure what's there yet, it's all wrapped up, but I'm looking forward to Christmas to find out! I've sent some things off to them too, but I find it hard getting organized enough to make sure things arrive there in time -- I tend to be one of those last-minute Christmas people...

Girlfrmoz, it must be frustrating having to wait so long, but hopefully it will go a bit quicker for you from here on in! At least you get to enjoy a bit more of the Australian summer, rather than having to jump into the cold here, but that's not much consolation when you miss your fella! Have you spent much time over in Colorado Springs before? How did you and your guy meet?

Elle, for the I-864 you will need copies of your hubbies tax return, or tax transcripts from the IRS, as well as the W-2s. It's different for the K-1 process with the I-134, as far as I understand, but you definitely need them for DCF. If he can't find copies of his tax returns, he should contact the IRS ASAP to get the transcipts sent -- I think it takes 2-3 weeks? Hope the stress isn't getting to you still!

Yum, cherry ripes. My favorites are Tim Tams though -- especially the double coated ones!

Hi Lyndel/girlfmoz, and welcome! I'm glad you've joined the aussie chat, it seems to be a lively place in here lately! Hope your process is going smoothly enough -- whereabouts are you up to?

David, I used a guy called Roy at a place called Freightbiz for my shipping. I first contacted a couple of movers, but I didn't have enough stuff to make it worth their while, so they put me on to Roy who does smaller shipments. He is based in NSW, but I got my stuff picked up from my parents' house in Melbourne, and I think he's got arrangements in other cities too. The cost was $350 per cbm for seafreight, plus insurance/port charges/customs at this end. (1 cbm is quite a lot bigger than I thought -- I had 20 boxes and it was only .6 cbm!) His email is freightbiz@bigpond.com if you want a quote.

Congrats Mellie -- she is a beautiful baby! And glad to hear you like vegemite David -- you'll can be an honorary aussie now, I think!

Ausqueen, I'm not sure if this is going to help you, but if you're having trouble with the NSW cops, have you thought about going through the AFP again? That's what I had to do, as the Vic police repeatedly told me they don't do police checks for immigrant visas. I asked the consulate what I should do, and they said just get it from the AFP, as the information is the same. I got my fingerprints done by the Vic police, though you can also make an appointment to get the AFP to do them. I then sent them off, together with the relevant form, to the AFP, and I got it back within 2 weeks, no trouble at all. You can find the AFP info here. PM me know if you want any more info.

Yes, that's right. You only need to fill out the customs form, which all US citizens and LPRs have to do. No immigration forms are necessary if you're an LPR -- despite what the air stewards on the plane might try to tell you!

Congrats David -- sounds like you're going to be through in no time at all! Let us know how the rest of the process goes.

Caroline, I'm jealous you're heading back to Melbourne so soon! Say hello from me. And I hope you're right about the Ashes tickets as your present! I'm planning to go down to the Australian pub on Christmas night to watch the beginning of the Boxing Day test -- perhaps we'll see you in the crowd!

Pam, I'm not 100% sure of the answer to your question. I THINK that if you don't have the required series when you go for the medical, they will give you the first shot in your series and that is sufficient for visa purposes -- you'd then have to follow up later for the remaining shots. But I'm not certain of this -- perhaps someone else knows for sure?

Also, be aware that your husband only needs vacinnations that are age appropriate. For adults this generally means only MMR, Td and varicella. For example, here is info about this from the UK embassy site: http://www.usembassy.org.uk/cons_new/visa/...ccinechart.html. Perhaps you could contact the consulate in your husband's country to check this?

I had all my vaccinations done in advance, and just took along my vaccination records to my medical. No problem at all, and it is a fairly common thing to do.

Hi Elle -- sorry to hear the process is getting you down. I sent you a PM -- it is tough at times, but try to keep your chin up! And feel free to have a whinge any time.

Ausqueen, sounds like you're getting the run-around from the cops! I don't know so much about NSW, as I got mine in Melbourne, but also had a lot of hassles with the Vic police. I'd suggest trying a different police station, as what they said seems rather odd. Was it because you were trying to get fingerprints from the NSW police to then get a certificate from the AFP?? Perhaps that's why they said you needed a letter -- if I remember other peoples' experiences in NSW, you can just get one with fingerprints through the NSW police, and it shouldn't take too long.

Densusan, I don't think anyone's heard from David yet...

And hello Kath! I was just thinking about you as we hadn't heard from you in a while. Hope you're having a good weekend!

It does seem there are a bunch of different experiences with getting your greencard. I arrived on a CR-1, and I got my social security card in the mail just under 2 weeks after I arrived, after ticking the relevant box on the DS-230. Perhaps I got lucky, but if it doesn't arrive in about 2 weeks, I would recommend going down to the local Social Security Office.