Skain

Does that mean the Adam Walsh Act checks no longer apply?! Or does it just mean that you can only apply via the embassy/consulate if you've been living there (resident) for at least 6 months? In other words, the Adam Walsh checks still happen, but if you haven't been living in the area for at least 6 months, you must apply at a USCIS office in the US?

I guess it doesn't matter either way. The Tokyo Embassy still hasn't contacted me about my wife's file. Our flight is the day after tomorrow. She's going to have to fly back to Japan for the stupid interview. What a waste of money.

Very disappointing.

Well, I got the fax from the Visa Information Line regarding my phone call earlier today.

Still haven't had my I-130 readjudicated yet. Can't proceed any further. No word on what the delay is. *sigh*

They at least said that because our OF-169 date was in December, they would give us "special priority" when assigning an interview and pleaded with us to be patient.

So basically the embassy has to give us the good news tomorrow, Monday, or very early on Tuesday in order for us to survive.

I can't be angry anymore. It doesn't help the situation. I'll just try and think positive thoughts and hope for the best. Seems like the gears of progress are slowly turning at embassies around the world, so maybe everything will be okay.

(keeping fingers crossed)

That's great news! Glad to hear your congressman taking this matter seriously!

Here's the latest update:

A few days ago I called the Visa Information Line yet again to ask about my wife's I-130 status. They faxed us back saying that our I-130 still hasn't been returned by USCIS blah blah blah. Interestingly, they also included this statement:

"We would like to recommend you to request for final interview through our website at this stage as it will be helpful to fix the interview date as soon as possibly after returning your case back to us."

(I quoted that exactly as it appeared in the fax.)

So I requested an interview date through the website for March 26 or 27 because our flight is on the 28th and included a note saying that the VIL recommended that we make this appointment even though our I-130 hasn't been cleared yet. Appointment dates are filling up fast and since it takes "a minimum of five business days" for appointments to be assigned when requested through the website, I wanted to have this appointment pre-scheduled as insurance in the event that we finally hear from the embassy today or tomorrow.

Yesterday was a Japanese holiday, so the embassy was closed. But more of my wife's contacts have been receiving phone calls and letters with good news (including one person who called the VIL on Monday morning and was told her paperwork wasn't ready only to receive a call from the embassy itself Monday evening saying that she was clear and could have an interview!), so we figured we might (should?) receive some good news too if we called today.

When I called the VIL this morning (and paid 1500 yen AGAIN), the man asked me why I requested an interview through the website even though I hadn't received clearance for my I-130. (Never mind the fact that the VIL staff advised me to make this appointment earlier.) It's obvious that these people are not on the same page. They even put me on hold for a minute or two! (Not sure if this counted towards my 15-minute time limit though.)

I wonder if someone at USCIS made a typo when checking my social security number or something and ended up checking the criminal record of some axe murderer or something because I honestly cannot understand why this is taking so long. Everybody seems to be getting good news except for us. Everybody is receiving some form of communication from the embassy except for us. Everybody seems to be able to get on with their lives except for us. It's very, very, very frustrating.

(Oh, and we went to the Osaka Consulate on Tuesday to plead with them for help, but they couldn't do anything. The Japanese officer I spoke to even had the gall to try and interpret the ENGLISH fax I had received, as if I didn't understand my own language!) I requested to speak to another officer and an American woman (who was more empathetic) told us that the best thing to do is to simply not travel. Yes, that's a wonderful option since we won't have a place to live or a job to support ourselves after six days.

Nobody cares.

Maiki: Glad someone got some good news out of Tokyo! We're still waiting. The Visa Information Line advised us to schedule an interview anyway even though we hadn't received clearance on Monday. When I called the VIL again today, they asked me why I set up an interview even though our paperwork hadn't yet been cleared. So I don't know what to think.

Anyways, congratulations on scoring an interview! Good luck!

It got worse.

My wife is a member of a similar message board for Japanese people who are going through this same situation. They've been sharing their experiences and notes and whatnot. Anyway, many of them are being contacted by the Tokyo Embassy now letting them know that their paperwork has come back from Korea and they are able to schedule interviews for them. That's very good news, but some of these people haven't even completed their medical exams yet! And others had priority dates two or three months after ours, had their documents forwarded to Korea after ours, and their interviews were scheduled for after ours too! What gives?!

I should be happy for these people because at least they can get on with their lives. But it just isn't right. Did Tokyo lose my wife's file? Is it possible that our I-130 was not sent to Korea, but rather somewhere else? And why is the Tokyo Embassy insisting that the USCIS office they sent our paperwork to is "confidential?"

We're going to the Osaka Consulate today in a last ditch effort to plead with the staff there to make a few phone calls. I've already decided that I'm going to hire an immigration attorney once I get to the US and I'm considering seeking damages because the way they have handled this and the way they have treated me in particular is inexcusable.

Good luck to all of you in Osaka, Nagoya, Sapporo, Fukuoka, and everywhere in between. I really hope the Tokyo Embassy is treating you better than they are treating me. We have literally received NOTHING in terms of help or official communication from ANYONE.

I am so demoralized.

I called that stupid Visa Information Line again and received the same bogus responses.

I asked them to give me a phone number with an area code because I can't dial 1-800 numbers from abroad. They told me that I could send an e-mail through their website.

I asked them to tell me where our documents were sent. They told me they couldn't tell me "for security reasons."

I asked the respresentative I spoke with what his name was. He told me he couldn't tell me "for security reasons." I then asked for his service number. He told me he couldn't tell me "for security reasons."

I then asked if there was any way I could hold any of the staff at that Visa Information Line accountable for their lack of assistance. They told me they were sorry.

I asked them what we should tell the immigration officer at the POE in the US after our flight. They told me I should wait for the embassy to contact us.

I asked them why people who haven't even completed their medical exam were getting their paperwork sent back to them for interviews while we had to wait. They told me each case is different and some cases take longer than others to process.

I asked them what are some examples of details that cause some cases to be processed more slowly. They told me I should wait until the embassy contacted me.

I asked them why I had to pay 1500 yen each time I called the embassy and could only talk with a call center representative even though you can call other embassies directly. They said they receive many phone calls. (Interestingly, the embassies in Beijing and Manila allow you to contact them directly even though they surely receive more visa-related phone calls than Tokyo.)

Seriously, is this normal? Am I really supposed to tolerate this? What recourse do I have?

The US Embassy in Tokyo must be one of the absolute worst ones out there. I am so angry at them and the way they have handled the I-130 confusion surrounding the Adam Walsh Child Protection Act. Seriously, I want to file a lawsuit against them because this is absolutely ridiculous.

Like many other posters here who applied for immigrant visas, our interview was canceled because of this new law. The law change went into effect less than a week before our scheduled interview. So we were thrown into limbo. That was not cool, but we could handle it because we still had two months before our flight at the time. The embassy staff told us that our I-130 was marked "top priority" and sent to the "appropriate USCIS office" to be readjudicated.

Well, days turned into weeks, and weeks turned into two months and still no word from the embassy. Everytime I call them, I have to fork over 1500 yen (about $14) because you can't call the embassy directly. Instead, you get "the Visa Information Line" in which your call is answered by a call center that is as helpful as mittens in Miami. Oh, and you can only talk for 15 minutes. Whenever I ask them a question, they give me a vague nonresponse. Whenever I tell them about the urgency of my situation, they offer no comfort. When I ask them what we can do, they offer no alternatives.

I am a teacher. My job contract expires at the end of this month, which is when the Japanese school year ends. My apartment lease expires at the end of this month too because it is provided by my school. My wife handed her resignation papers in more than a month ago because we were heading to the United States. But she has no visa.

Anyway, because my wife has applied for an I-130, there's a chance that she'll be denied entry into the US at the POE if her name pops up in a database as having applied for an immigrant visa while trying to enter the US on the Visa Waiver Program. If she's able to get into the US, she won't be able to work because she won't have employment authorization, she won't be able to be added to my health insurance from my new job because she won't have a social security number, and we can't apply for an adjustment of status because being able to do so is contingent upon you proving that you didn't intend to change your status after you entered the US on the VWP.

We are so angry. The Tokyo Embassy won't even tell us where our paperwork is. We THINK it's in Korea, but the staff at the embassy in Seoul can't even confirm that they have our documents. What's worse, Tokyo says they mailed our stuff (don't know where) on January 26. Some of my wife's Japanese contacts (on a Japanese message board similar to Visa Journey for people in I-130 limbo) have had their I-130s cleared by Seoul and sent back to Tokyo, so they were able to schedule their interviews even though their priority dates and interview dates were later than ours! And other people have been receiving letters from the Tokyo embassy giving updates on their situation, but we haven't received anything at all! We started this process early and did everything we were asked, including allowing enough time for the unexpected. But it turns out that even that is not good enough.

So I tried writing my congressmen--one of whom happens to be a high ranking House member. But neither one of them (a Republican and a Democrat) have responded to my pleas for help. I guess since they both represent safe districts, they have no incentive to do so.

I tried calling Tokyo again today (and paid 1500 more yen) and thought I had spoken with a helpful operator. She was supposed to contact me with the information I requested (where our paperwork is now, when it was sent, when will it be returned to Tokyo, why haven't we received any notification whatsoever, etc.). I finally heard back from them, but received the same ridiculous non-answers about "appropriate USCIS office" and no helpful information whatsoever. They did tell me to schedule an appointment through the website anyway even though our paperwork hadn't been reapproved, but that would be moot if our appointment date comes around and our paperwork is still in limbo. We already wasted $400 taking the bullet train to Tokyo only to find out that our original interview had been canceled because the stupid embassy didn't notify us beforehand.

It seems so unfair. Yes, I know some people have been waiting for months and months or even years for their visas. So I can empathize with them. But in our case, WE HAD AN APPOINTMENT, BUT IT WAS TAKEN AWAY FROM US AT THE LAST MINUTE BECAUSE OF THIS BUREAUCRATIC NONSENSE AND NOBODY HAS GIVEN US ANY GUIDANCE SINCE THEN.

I just don't understand.

When I asked the Tokyo Visa Information Line staff what we should tell the immigration officer at the POE, she said we should tell them "we are visiting the US as tourists." When I asked her if she was advocating that we lie to the immigration officer, she couldn't answer that. She wouldn't tell me her name or her supervisor's name either "for security reasons" even though I just wanted to have a name so I could attribute this information to someone. Nobody can answer anything. Nobody is accountable to anybody. Our flight is in about a week. My wife can't stay here because she has no way to support herself. I can't find a new job and new apartment here on such short notice. I also already started a lease in the US that begins in about two weeks, so I can't back out of that.

Everything is all screwed up. I don't know what to do. I am trying so hard to be strong and reassuring for my wife through this ordeal, but it's becoming unbearable. We're just in a void, and nobody cares.

We can't leave, and we can't stay. (Sounds like the situation in Iraq, huh?)

Thanks a lot, Tokyo.

Here's an update for the Tokyo Embassy:

The batch of I-130s that were sent to Seoul and were reprocessed there have been sent back to Tokyo and the embassy has been contacting the applicants in Japan for interviews. Interviews are given every Monday, so these lucky people were able to schedule interviews for March 19 and 26.

Seoul has not processed all of the applications yet though, but they said it would take 30-55 days from when they received them.

This is very good news, but it doesn't mean much if your application is still stuck in Seoul (like my wife's is).

Also, Seoul says they are processing the applications in the order in which they were received, which is different from processing them according to their priority dates. So some people who applied later than me and had interviews scheduled later than my wife's have already had their paperwork returned to them. Bah.

I guess I should be happy for those people, but I don't think this is very equitable. Some of these peoples' travel plans are flexible or don't even come into play until late April and May because they applied in December and January. Our flight is in 10 days and we applied in September...

Here's to hoping we get a call next week and can schedule an interview on March 26, the last possible day.

I can confirm that the Tokyo I-130s were sent to Seoul (NOT BANGKOK). I contacted the Bangkok Embassy about my I-130 and received the following response:

----------

Mr. XXXXX

We have forwarded your email to the USCIS Seoul Office. The namecheck is pending with their office.

----------

This whole process really sucks because I have to piece together bits of information about what is NOT happening in order to figure out what actually IS happening.

I'll contact Seoul again this afternoon. You can call them with status inquiries between 2 and 4 every afternoon except Wednesdays.

My flight is in 12 days. My wife is depressed. And I am so angry about how this is being handled. How can a man tell his wife that this is a situation out of his control? I guess it's easy, but it just makes me feel so impotent and powerless when the stakes are so high...

Any word on how the AOS rules may be "bended" or "relaxed" a bit to compensate for the Adam Walsh-related I-130 headaches? Some of us (like me!) have already submitted our I-130s, but are in limbo and have no choice but to enter the US using the VWP even though our intention is to reside there permanently!

I too am one of those unfortunate souls in Japan who has had to deal with the miserable Tokyo Embassy. I mean, we never received an e-mail from them telling us that our interview had been canceled. So imagine our shock when we showed up on January 29 for the interview only to be told that we couldn't do anything! So that was a waste of money (we're in Osaka).

You have to pay to call or e-mail them. I called them twice, only to receive nondescript answers. All I know is that my paperwork was sent "to USCIS" on January 26. I don't know if it's in Seoul or Bangkok. I tried calling Seoul several times and was finally able to talk with a human. She said that she doesn't even know if they have my paperwork and that "if Tokyo says they sent it here, she presumes the Korean Embassy has it."

Yikes.

Anyway, our flight is in about two weeks and my wife doesn't have a green card. My apartment lease and job contract both expire at the end of this month, so staying here is not an option. We've already mailed most of our personal belongings and clothes to the US, so my wife couldn't stay behind. Her family lives too far away for her to move back. This whole situation is very depressing.

Our priority date is in early October of last year, so you would think that we would be one of the first cases to be readjudicated, but it turns out that some people with later priority dates are getting their stuff reprocessed faster, according to a Japanese blog site with a community group focused on this very problem.

I am so angry about the way this situation is being handled. I wrote a letter to the Tokyo Embassy explaining how I don't know what to do and they had the gall to write me back saying that "they no longer do visa inquiries by mail" and instructed me to use their pay service and e-mail services. They even cut my name and address from my letter and used that to address the envelope they sent back to me. Absolutely amazing.

Seriously, the Tokyo Embassy seems to be one of the worst ones out there. The Osaka Consulate is not much better. Everyone is telling us what we CAN'T do, but nobody can tell us what we CAN do.

The Tokyo people did say that we could enter the US on the VWP, but that we'd have to return to Tokyo for the interview. But why on earth can't our case simply be forwarded to a USCIS office in the US?! And we are not about to spend $2000+ for another set of plane tickets and hotel reservations. It is driving me absolutely crazy.

When I asked the Tokyo call center staff what we should tell the immigration officer at the airport, they said we should tell them we are coming as tourists. I then asked the staff if they were telling us to lie to the immigration staff, but they had no answer to that. And of course, she wouldn't give me her name or the name of her supervisor "for security reasons" even though I just want to have a point person should I need to cite where I got my information.

When this situation is finally resolved, I think the Tokyo Embassy staff should be the subject of a congressional investigation or something because this is ridiculous. There's no accountability here whatsoever.

I really hope we can get a waiver or some other visa after entering the US somehow. We have round trip plane tickets, but we were hoping we wouldn't have to use them...