LAND DOWNUNDER

[Poi_n_J 0]

We did it! We did it!!!

Photos on the way...!!!

Soz I don't get to keep up with everyones news, I'm at work and have only just recently connected at home to Joshua's LT.

We will be booking in for the first interview in Melbourne end of February...Yay!!

Sorry to break your heart, but I'm caught in the middle of this. This is what I got from the Australia Consulate Website.

"— Notice —

Recent legislation has led to changes in the procedures American citizens resident abroad will follow if they wish to sponsor an immediate relative (spouse, parent or minor child) for an immigrant visa. Effective immediately, the immediate relative petition (I-130) must be filed with the USCIS office responsible for the petitioner’s place of residence (that is, the place of residence of the American citizen who is filing the petition). Consular offices at U.S. embassies and consulates are no longer authorized to accept I-130s, although they will continue to provide guidance to American citizen petitioners and their family members. Responsibility for acceptance and approval of immigrant visa petitions rests solely with USCIS. American citizens should submit their I-130 at the CIS office responsible for their place of residence.

This procedural change may result in a processing delay for some applicants. The Department of State recognizes and sincerely regrets the inconvenience this may cause."

I don't know what will happen now since my I-130 had already been approved. They haven't informed my wife about the change but I am assuming that they might take everything from her on her final interview and send it off to a USCIS to get the final approval, this might take another month or so... I'm so pissed off right now, I just don't know what to do. For all those planning DCF... Unfortunately you won't be able to do it anymore. DCF is over.

So does that mean we must send our I-130 to the States (His local USCIS office)...???

[David A. 0]

So does that mean we must send our I-130 to the States (His local USCIS office)...???

Yes, I believe so. The sponsor must send the request to the USCIS office in their state's jurisdiction.

[Poi_n_J 0]

Yes, I believe so. The sponsor must send the request to the USCIS office in their state's jurisdiction.

Thanks for that.

I've been emailing a dozen places already. It's beyond me why you can't just pick up the phone and speak to someone.

Hopefully that is all it means and not that he must go home and apply.

[David A. 0]

Thanks for that.

I've been emailing a dozen places already. It's beyond me why you can't just pick up the phone and speak to someone.

Hopefully that is all it means and not that he must go home and apply.

Edited January 25, 2007 by David A.

[Lunamel 0]

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.

[David A. 0]

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.

POI my post didn't include what I had replied. But I said that the sponsor has to file in the USA now, you can't do it in Australia anymore.

Lunamel, Today is Thursday in Australia isn't it? Then they are closed on friday. Monday would be the second work day if I were to email them today... and they never reply within two days. Even if I sent them an email today, they would not get it in time. My wife's appointment is on Tuesday. I'm hoping that they just take my wife's packet 4 and then send that off to the USCIS in the USA to get final approval. The thing that kinda confuses me is that they state that you can no longer submit the I-130, so that doesn't pertain to us because we've filed in November. Then the part that says they can no longer approve I-130s but if it hasn't been approved, then why have they sent us packet 4. I'm just crossing my fingers that they still let her go.

[Poi_n_J 0]

My fingers are crossed for you both David.

I will keep you updated on our situation.

[David A. 0]

My wife called me and said that the US CONSULATE IN SYDNEY are no longer issuing visas for spouses or relatives and that her appointment for NEXT week has been cancelled. I now have to refile all over again here in the US with the USCIS!

Now, my venting..

This is bullshiet, apparently this has something to do with some new law protecting children and spouses from sex offenders. Which I believe is a damn good law. What pisses me off is why can't these people at the US consulates, make a simple phone call to the USCIS and ask "does so and so have a criminal record, is this person a sex offender." All this technology and for some reason they forgot that telephones and computers exists. First off, on the application, I put I serve in the military. I even have a statement of service letter from my Commanding Officer who is in charge of this huge hospital. If I were a sex offender I would not be in the field that I am in. I am a Navy Hospital Corpsman, I work in a hospital, and I deal with a lot of patients, many of them being children. Sex Offenders cannot work in a field where they would be one on one with children. They have my Social Security number, why can't these people look me up in the database and just look to see if I am a registered Sex Offender. I believe this is a load of bullshit. And now they tell me that I have to refile in the US! Of course that would mean more fees, because the fees I paid for was to process my stuff in Australia which they did, so they got paid to do it. What the USCIS will say is, "oh, you already paid, but you have to pay us now because we are processing it here this time, again!" That's practically stealing! My wife already paid for her ticket to Sydney on tuesday, non-refundable. There goes 370$US out of my pocket!

Tomorrow I am involving the US Military. I will talk to my legal Officer and they can deal with the USCIS. I've served in a combat zone, for that reason when I applied for US Citizenship through the military, I got it in 3 months, not 3 to 10 years. I'll keep you updated on what the Navy does for me... for everyone else who is fortunate enough to have their loved ones with them already, be very humble about life. For those who got slapped, let's stick together on here and we'll get through it.

For anybody elses' information... here is ROSES' number directly from my wife's phone... 61 2 9373 9167

I hope that get's you into the US Consulate. If it works, be sure you pass it around to everyone from Australia dealing with visas.

[girlfrmoz 1]

Hi David,

I am so sorry to hear about the hassles you are having. I was going to ask if you and your wife were getting excited about next week but now I am upset for you that you have to go through this. It's absolutely disgusting how they treat people and stuff up their lives, I am still in shock. Reminds me of the IMBRA RFE's.

Well I hope you get some help through the Military. My man is Military also.

Keep us posted!

Lyndel

[David A. 0]

Hi David,

I am so sorry to hear about the hassles you are having. I was going to ask if you and your wife were getting excited about next week but now I am upset for you that you have to go through this. It's absolutely disgusting how they treat people and stuff up their lives, I am still in shock. Reminds me of the IMBRA RFE's.

Well I hope you get some help through the Military. My man is Military also.

Keep us posted!

Lyndel

Hey Lyndel, my wife says that her appointment is still open and that she can attend to submit packet 4. Since her flight is non-refundable, she's going to go ahead and take it to submit the stuff. Once the consulate sends off her forms to the USCIS for approval (that's if they don't make us do it agai) as soon as it returns, then it's automatic approval since we are already done.

As for your husband, thanks for his service... and tell him to keep legal informed just in case.

Edited January 25, 2007 by David A.

[girlfrmoz 1]

Hi David,

I'm glad you can still go ahead with the interview and at least submit your papers. I sincerely hope it goes quickly for you. Unbelievable that they didn't give people any notice about the new legislation!!

We are only engaged so I think we are OK because we only the filed the I129F fiance petition, am trying to search on USCIS for info but it's like searching for a needle in a haystack as usual. When my fiance got back from Iraq we were almost going to get married then, now I am glad we waited.

Hang in there!

Lyndel

[David A. 0]

Hi David,

I'm glad you can still go ahead with the interview and at least submit your papers. I sincerely hope it goes quickly for you. Unbelievable that they didn't give people any notice about the new legislation!!

We are only engaged so I think we are OK because we only the filed the I129F fiance petition, am trying to search on USCIS for info but it's like searching for a needle in a haystack as usual. When my fiance got back from Iraq we were almost going to get married then, now I am glad we waited.

Hang in there!

Lyndel

Oh ya, you went through the NVC... you should have no problem. Because your husbands application had to go through the USCIS anyway, he got his background check. You'll be ok.

[Elle 0]

#######...I received my interview date a couple of days ago, its scheduled for March 2nd...and now it could very well be cancelled?? THIS FN SUCKS!!!

I have a previous petition lodged all the way back from September but the reason we decided to do DCF is because that was taking such a long time.

*sigh* I guess all I can do is hope and pray...

Edited January 25, 2007 by Elle

[Lunamel 0]

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

[vylex 0]

David,

BEST OF LUCK!!!! As you already know I was following your exact footsteps. I was ready to fly over there to lodge the I-130 but then this unfortunate turn of events. However, in your case I would not lose hope. I believe there is still a chance for you and your wife. Because you already filed most of the paperwork, I would like to think that the Bangkok office would be able to give people caught in the change priority. I TOTALLY agree with you about the technology or lack of. You would think that the Gov't can link a database to a Consulate to complete any checks. I hope that your Military service can carry some weight in this turn of events.

I have to change my strategy now. I pray the K-3 / CR-1 process doesn't take as long for Australia. I also agree with you about taking nothing for granted with your spouse / loved one. Being apart is so painful. My wife and I weren't planning on reuniting until August / September anyway but now I have to file the K-3 right away. I just have to wait for her G-325A paperwork and other misc documents to be mailed to me. What scares me is that this change can cause a large delay in processing. What bothers me even more is that I don't want her to try and visit me (she has loads of vacation time) because I read about it being risky. I can and will visit her in the meantime but I can't take off as much time. It's so frustrating. That's why whenever we are physically together, I cherish EVERY single minute.

I WISH YOU EVERYONE GOING THROUSH THIS ORDEAL THE BEST.