Aneta

Before the changes on Jan.23rd, DCF in Sofia used to take 2-5 weeks,now that they have to do the additional checks at Vienna USCIS it takes them just 2 days more-it would be nonsense if DCF does not come back,I don't believe they will make the things so much complicated,I don't believe it's gone forever ,it just can't be!

Just checked my bank account and the check for $190 was cleared today!!!

I still don't have my NOA1 BUT... I'm sure it's in the mail???

That's weird,we had our NOA1 date -02/08/07,received the actual receipt on Feb,14, bet check hasn't been cashed yet-you see every case is different

Hi guys,

our petition was approved on Jan.11th,and now it has to be re-approved,they said they are going to send it to Vienna(our local office)-but the official word about this happening came a week later than the ones in south America and Paris.We kept on ringing the Consul Section but all they said was that they had no new instructions,and then all of a sudden,late Friday evening they put a notice on their web site that they will process all these cases.So I guess the news should be coming soon to you!Maybe this Friday...

As far as I know the petitions will be re-approved at the local CIS office-if the one for Canada is Vermont,then they will be sent there,but even then the re-approval will take much less than filing a new one!

I also feel like they have been instructed to give no information about how long time it's gonna take,so all we should do is just wait.

It's not so bad-I feel we are close to it!

thanks for all the advice!! But it seems people still dont' know much about the 'new rules' on the I-I130 #7.. actually if you look at it, they WOULD LIKE to have the property, joint accounts, and such.. I was wondering if I could create a joint account at her country (China) when I go back in March.. That would also add to the proof.. I guess some wedding videos/photos and the affidavits (that is #5 under the #7 rule).. there are total of 6 things you can do under #7.. most people can go with #6 *** Any other relevant documentation to establish that thereis an ongoing marital union. ***

still not sure what this is though.. we plan on getting married in March 2007.. so that doesn't leave much for that #6, although it is the easiest to do among them all.. I figure just send some wedding photos + affidavits (actually, aren't you supposed to get affidavits from OTHER THAN family members?)... because family members are not credible.. it is better to get from US Citizen friends that know the both of you.. if not, you can get from friends in her country that you have both met before.. just helping out, don't be mean hehe.. we are all learning here..

Other than that, it seems I don't have to send in as much the first time around?? (wait for RFE??)

If you are not yet married why don't you just go for a K1?As far as I know it takes about 6 mounths but the chance of getting it faster is much bigger rather than if you go for a k3.If you plan to get married in March you'll waste another 1-2 weeks until you get he proper documentation ready,so you are not gonna start the K3 process before April,and K1-you can start right now.

Besides,for both you have to send the same amount of evidence (as if the marriage certificate doesn't say you are married )

As a proof we sent a lot of staff

pictures from our wedding day,even DVD with the wedding

the only one picture that we had showing that we knew each other before the wedding

2 affidavits from friends stating that they know about our relationship and were present at the wedding

a property record with both names on-that we pay the rent together

a couple of emails that we used to write all year long,but they are in Bulgarian so I don't know if they are worth

Hope this helps!

Henia,

We are now trying to do the exact same thing(my situation is even more complicated http://www.visajourney.com/forums/index.php?showtopic=55098 )

I am expecting news today so I will inform you what's going on,but I think I solely depends on the Consulate. Elle from this forum has filed at VSC and 2 mounths after that refiled through DCF in Sidney and has now both petitions pending.So it seems everything is possible,as long as the Consualte allows it.

I have also had the same worries-you can read the following thread

http://www.visajourney.com/forums/index.php?showtopic=54712

a lot of people say it is possible ,what the effect would be-we will never know until we don't try.

You can also read my thread

http://www.visajourney.com/forums/index.php?showtopic=55098

If they say they will accept our application back,we are withdrawing the one at VSC,so I hope soon I'll have experience on that!

I don't think anyone can prevent you from abandoning your application-this is a question of your own choice!Besides,I don't think the people at foreign Consulates have access to the USCIS data,which means that they probably won't find out about your former experience,although I will not advise you to hide that information from them.

As soon as I have some news about that I will inform you guys!

Oh well, I guess you are right guys,I just see that playing by the rules brings nothing good to me.Besides,that's the way everything is happening here in Bulgaria, everybody is doing something illegal,that's why I think like that.

No more illegal advice,I promise

Are there any other K-3 February filers? I sent out the I-130 for my husband on 02/05/07, USCIS received it on 02/08/07 and I'm still waiting for the first NOA. I am not the patient kind so I hope that by reading your timelines I can feel better about all this waiting.

Hi,

we filed at VSC:

02/06/07 sent I-130 via USPS

02/07/07 received I-130 at VSC

02/08/07 NOA1 date

02/14/07 received NOA1 via mail

next week planning to file for K3

I guess you should receive it next week,I've heard taht vermont is a little bit faster than the others so you shouldn't be worried

Actually I haven't started the process yet. We're just tired of being apart and we're looking for the best thing to do to make things quicker and easier. Also I wanted to know some "real" info about all the immagration stuff because to tell you the truth what I see on the immigration website is no good, they make it seem complicated on purpose you know what I mean? So, should we just get married without doing the process? By the way thanks for the info.......I did not know this, you were a great help

It's illegal to enter on a tourist visa with the intent to marry and stay and adjust status. If it was that easy and legal to do that, we'd all have done it instead of going through all of this.

I know you're tired of being apart, we all are! The fastest legal option would be to file for a K1.

Have you read the Guides in the tab at the top?

Yes it is considered an immigratin fraud to come to the States with the intention to marry on a visa other than K1,BUT nobody else except for you two knows about your intentions,right? If I were you I'd go for a Student visa (F1) because there is a very little chance of denial and it's done for 2-3 mounths.Once he comes to the US he will have no problems adjusting his status.I know a lot of people that have even overstayed their visas,married to USC and then got their green card.

Now that the rules have changed(no DCF) and they will go on changing probably,it turned out that it's MUCH BETTER to come the US on any other kind of visa and then get married,and not first get married outside the States and go through the IR1/K3 route!!!!Ridiculous but true.As somebody else in this forum said-legal immigration is a punishment.Why should you go for it then?

Our situatin is a real mess already....

As I described,our I-130 was approved on Jan.11 through DCF at the Sofia Embassy.On 24th of Jan. we went there to see if everything was allright ,they told us about the new regulations and the official there TURNED US OUR PETITION(the paper is now in my hands) saying we have to file it from the USA.We filed at VSC,and now from the Sofia Embassy they say that petitions approved before Jan 22 will be processed and interviews will be scheduled!

What are we going to do?Of course trying to send our petition back-but what are our chances of getting this done?

When I described our situation to the guy at the Vienna office,he was STRUCK ,said this is ABSOLUTELY ILLEGAL(that the official gave us the petition) but said nothing about us being able to turn back the petition.Moreover, it's not our fault at all ,but who cares after all??!!!???Now my husband is already in the US(he had to fly back on Jan.25),if he was here maybe he could talk to an official in person and definitely we would've had a chance then,but now-I don't know if it's worth coming all the way from NY???

This is ridiculous! Why shouldn't I be able be with my husband as soon as possible?!?!They are changing the rules all the time and we can't change our decision according to the new rules?! Isn't that absolutely unfair???

I pray that we finally got lucky!

Opinions?Advice?

Thanks a lot guys ! Now I feel a lot better!Although I am not sure if we are going to withdraw our application-even if DCF is back(which nobody knows when is gonna happen) the new process is not going to take less than a mounth and a half,besides-my husband has to come back to Bulgaria...it's getting too complicated

When I read the processing times for a K3 visa filed at VSC it says-30 days for approval,which would be great if it comes to happen and I would be there round mid May(how I wish it could happen!!!)

I don't know,maybe if we don't get an approval till end of March or mid April we are gonna go for a DCF as well,this is also an option.

Whatever you do you always take some kind of risk

We should be positive!!!

First of all congrats.

Second when did you file for 129F?

My 129F was filed on 1-11-07 and approved on 2-15-07.

As far as I know it shouldn't take more than a week or 10 days to go through the NVC

One thing I don't understand-when I see the processing times for the different SC on this website it says-as of feb.2007 at VSC the average days from filing to NOA2 is 30 days.Sounds great!But why do people always say it has taken them much longer? Did I get it wrong or what?

CONGRATULATIONS!

I've heard that VSC is the fastest one,we'll see.My husband also filed there so I hope ours gets approved soon as well.

Do you know what happens with the I-129F petition after you send it to Chicago?I thought they transfer it to the local SC-in our case -VSC,but in the K3 flowcart of this webpage it states that from Chicago they transfer it to the National Benefits Center in Missouri-and then what?I don't understand which one is correct?

Also,did you need to send evidence of your relationship and ongoing marriage in the I129F package as well?

My emotions have run from being extremely encouraged to that of hopelessness since the end of DCF. Extremely encouraged with reading all these recent rumors that DCF was coming back (albeit with one change and a few extra processing days but with its essence intact) to being totally hopeless that it will never come back and that all of us who were hoping to file are just waiting and wasting time for something that will never come back.

I wouldn't mind filing the I-130 with the California USCIS as it's my home state. However, I've held off on doing this because I still see notices that if filing from Europe, I should send it off to Vermont. I mean, what gives? I came across someone's timeline where the couple filed for DCF with the Irish embassy in early 2006 and the whole process took about 79 days from filing the I-130 to getting the immigrant visa! That was what I was looking forward to before our interview for last Monday got cancelled.

If only I had a magic ball with a definite date if/when DCF is coming back, then I can gauge my time and perhaps hold off. But since there's nothing definite, I'm also tempted to give up and file with the CA USCIS (or Vermont?)

I mean, DCF may not be brought back for another 6-8 months. If I file now with the CA (Vermont?) USCIS, then chances are my husband might have his visa by then instead of starting the process at a much later time (wasting 6-8 months that we could spend finally home in the US).

Am I making sense? I'm sorry. I'm just frustrated and need to vent. I was really counting on this as I'm sure a lot of people were. I don't mean to act like a spoiled demanding brat but I don't like to waste time either.

I think a few people have sent their I-130 petitions back to the States in accordance with the new law. I would greatly appreciate it if you keep us updated with your applications' progress.

Thanks for listening.

Well I'm one of those few that have sent their applications to the US.3 days after our wedding day 01/21/07, we were told about the new regulations,on the next day my husband had to fly back to the States.we didn't know there was a chance of DCF coming back,so we filed at VSC,we sent the package on 02/06/07,NOA1 date-02/08/07,next week we are filing for a K3 as well.

We thought that if DCF is back we can withdraw our I-130 from VSC and then file through DCF in Sofia,but they said it's impossible.So it seems that we've made our choice without knowing we are taking an important decision

I still hope for all of you gyus that you get together with your families pretty soon!

I just wanted to hear some good news!

Today I called the USCIS office at Vienna and they told me that till yesterday,Feb,14th they all thought DCF is coming back.I asked if they had expected anything positive to happen,but she answered-I don't know anymore,we've been expecting that for a couple of weeks-yes,it's gonna happen,yes,it's gonna happen,but then yesterday from Washington they said that -well,maybe not.you'd better call again over the weekend for more information.

I don't want to disappoint you guys-it's just what she said,it doesn't mean it's gonna happen

This morning I phoned the USCIS office in Lima, Perú. I was told that they have received apps from all over South America and that they have begun to process them. In addition, the officer I spoke with said that she could not give me any detailed information about my case and that I should call back in 2 to 3 weeks for specfic information. <---From the horse's mouth!

Best believe, I will be calling back in 2 to 3 weeks!!

Do u mean they began processing already approved petitions (before Jan23th) or accepted new ones as well?

Hubby is a USC and I am the Alien lol. We were gathering all the paperwork for the DCF process. Hubbby has been living here in Australia for almost 6yrs and we have sold everything and moved in with my parents to save some $$$$ before the move. We have 3 kiddies and were hoping to get to the USA by August (school year for our eldest)

Now that DCF is no longer, what Visa do we get? I wouldn't know where to start again now, as i have so much DCF visa info in my head.

The consulate said go the K3 visa route to get there quicker and file some adjustment thing when we are there..... I wanted to have all of the paperwork done here so we didn't have to worry about anything but citizenship later down the track.

Who out there was doing DCF? and now what visa are you going to do?

Emerald

Well you need to keep in mind tat DCF is not completely gone. Just wait a couple of weeks (some actually say a couple of days) and we should have some ore clarification on the DCF problem.

RUMOR has it that it wlll go back to the way it was. Overall I would suggest waiting. I would say wait until the beginning of March because that is the target date USCIS has set to complete the DCF's that were filed befre Jan 23rd.

If nothing has come bak then I think U will have to go through on the K3 visa which I dont know about your kids (and their status) but I have serious doubts that you would be able to complete your visa before autumn if you do it via America as the FASTEST a K3 gets through is 6 months.

Fofire

Where did you get this information that they are going to finish these cases till the beginning of March?Is it official?If so,this is such a good news!!! Although me and my husband have made a real mess uot of it cos our approved petition stays now with us(they gave it back to us)-isn't it better if I just send it back to them?if they accept it at all

I really pray this is true and the news comes here in Europe soon too!Although yesterday when I called the Vienna office at 3p.m. they hadn't received anything yet,hope it comes today...

I am now so concerned about the fact that our petition is not in the Consulate,as they gave it back to us-do u guys think I could sned it back to them,through DHL probably?I am calling them today,I hope they have some good news

Thank you all guys for answering me that fast!

The thing is that on jan 24th we went to the embassy in Sofia(not knowing anything) and when they told us they gave us back our I-130-so it stays now with us.I don't know if I can send it back to them again.It all seems so complicated!At the same time we were told we have to file I-130 through the USCIS and start it all over again,so we did that-a few days ago we filed it to the VSC,sending them also a copy of our approved application.I am so confused now!

Oh, that's tricky. I believe that if I were in your situation I would just wait to see what kind of changes come around before doing anything else. Your petition is where it's supposed to be, according to the official line at the moment. And I think it was smart of you to send a copy of the approved application. It may give your petition some special consideration. If and when DCF comes back, you can talk to the embassy and to USCIS about what will happen. At that point they may even have specific instructions or information for you.

As a side note: If DCF does NOT come back, and your I-130 gets stuck in a processing backlog, you might look into a K-3 visa, which would let your spouse work and travel while waiting for the immigrant petition to process in the USA. But when I spoke with people at the Sofia embassy about K-3's they told me they were highly unusual (probably because everyone in Bulgaria was sensibly and rapidly getting their I-130's done through DCF before!).

Good luck!

yes,you got my thoughts!we hope that when they see our approved application it's gonna be faster,but that's just what we are hoping

we are also going to file for a K3 visa,but it's not gonna happen sooner than 6 mounths from now do u think it's worse that we don't have a USCIS office in bulgaria?and how did you think of ringing the Vienna office?

i am curious to know what is your situation?are you bulgarian and where do u live?

thanks a lot about the useful and hopeful inforamtion!

good luck to you too!

I'm a USC, living with my Bulgarian fiance in Sofia - we're planning to get married in April. I need to go back by mid-July, and I really don't think I can bear another awful airport goodbye. I do think that if we had USCIS office here life would be easier - it seems that countries with one are currently letting residents file there instead of sending all the way to the States. I was at the Sofia embassy, getting some marriage paperwork done, when the consular officer suggested that I contact the Vienna USCIS office about the I-130's.

Two possible tips for you:

If you haven't yet registered with the embassy/Department of State, you may want to do so; they email out "Warden Messages" so that you'll get some advance notice of things like this new I-130 situation (way sooner than the embassy updates their website!).

If you have to go back to the States and you have enough money to travel back and forth and your spouse doesn't have to work when you get to the States (i.e: you have some extra $ B) ), you could try getting a B-2 tourist visa, as one poster here did - it doesn't allow work and your spouse would have to convince all officers that he's DEFINITELY planning to come back to Bulgaria to finish the immigrant visa processing, but it is a possible way you could stay together. If it sounds like a good idea, try looking through this topic: B-2 Tourist VISA while awaiting DCF - APPROVED!!!

Vsichko nai-hubavo (all the best)!

Malka,although you didn't ask me I will try to give you some advise,have you thought what to do if DCF does not come back?you will have to file from the US anyway.If you file now,and not after you get married in April,you will save 2 mounths .you can have your legal marriage earlier,e.g. next week(the wedding day does not have to be on the same day,this is very common in Bulgaria) ,get your marriage certificate,get it translated and then send all the papers to the US.if DCF comes back you can always withrew your application,i think so.

By the way,I see you have registered as a member from Maryland -are you originally from there?I spent 2 summers-2003 and2004,working in Ocean City,MD and actually that's how we met with my husband.

I really hope everything gets the way it used to be!I've lost hope in getting an immigrant visa through the american USCIS office,I think they are so slow,it seems we'll have to wait forever

Thank you all guys for answering me that fast!

The thing is that on jan 24th we went to the embassy in Sofia(not knowing anything) and when they told us they gave us back our I-130-so it stays now with us.I don't know if I can send it back to them again.It all seems so complicated!At the same time we were told we have to file I-130 through the USCIS and start it all over again,so we did that-a few days ago we filed it to the VSC,sending them also a copy of our approved application.I am so confused now!

Oh, that's tricky. I believe that if I were in your situation I would just wait to see what kind of changes come around before doing anything else. Your petition is where it's supposed to be, according to the official line at the moment. And I think it was smart of you to send a copy of the approved application. It may give your petition some special consideration. If and when DCF comes back, you can talk to the embassy and to USCIS about what will happen. At that point they may even have specific instructions or information for you.

As a side note: If DCF does NOT come back, and your I-130 gets stuck in a processing backlog, you might look into a K-3 visa, which would let your spouse work and travel while waiting for the immigrant petition to process in the USA. But when I spoke with people at the Sofia embassy about K-3's they told me they were highly unusual (probably because everyone in Bulgaria was sensibly and rapidly getting their I-130's done through DCF before!).

Good luck!

yes,you got my thoughts!we hope that when they see our approved application it's gonna be faster,but that's just what we are hoping

we are also going to file for a K3 visa,but it's not gonna happen sooner than 6 mounths from now do u think it's worse that we don't have a USCIS office in bulgaria?and how did you think of ringing the Vienna office?

i am curious to know what is your situation?are you bulgarian and where do u live?

thanks a lot about the useful and hopeful inforamtion!

good luck to you too!

Thank you all guys for answering me that fast!

The thing is that on jan 24th we went to the embassy in Sofia(not knowing anything) and when they told us they gave us back our I-130-so it stays now with us.I don't know if I can send it back to them again.It all seems so complicated!At the same time we were told we have to file I-130 through the USCIS and start it all over again,so we did that-a few days ago we filed it to the VSC,sending them also a copy of our approved application.I am so confused now!

Effective immediately, U.S. Embassy Sofia is no longer able to accept or process any family-based immigrant petitions.

ANYBODY ELSE AFFECTED?

hello all of you married coples waiting for God (in the name of USICIS) say you can finally live together

We filed our I-130 in Bulgaria and after approval , they turned it back to us saying we have to start all over again -now through the USCIS office!Somebody have any information what happens next?