Dilemma between the USCIS and the NVC!!!!

[babyshaq4 0]

Hello all,

My wife and I are having some serious difficulty to have the USCIS transfer our approved I-130 to the NVC, both agencies give us the run for our money for the pass two months even include my attorney. Each single time we call or email either one of them to inquire about our request to transfer our case, we are always given a different anecdote, it is very frustrated. Please does anyone know the most efficacies ways to have the USCIS sent an approved I-130 to the NVC? Our I-130 was approved in January 2009.We want our case to be send to the NVC so I could go through the NVC filing and have them schedule me a visa appointment in my home country because I’m doing Direct Consulate Filing (DCF), even thought I will be found inadmissible at the visa interview, I will submit my waiver package that I will have with me at the time of the interview, the waiver package is being prepare. Thank you in advance. God bless you.

[payxibka 10,047]

I’m doing Direct Consulate Filing (DCF),

No you are not... the direct consulate filing method relates to filing the I-130 directly to the consulate, and you say the I-130 was filed with the USCIS

[babyshaq4 0]

No you are not... the direct consulate filing method relates to filing the I-130 directly to the consulate, and you say the I-130 was filed with the USCIS

Thank you for the reply payxibka. Yes, my I-130 was approved by the USCIS when I was in the country (US). I was deported a few months ago and now I have to go that way to get back in the US. Should I assume that because I already have an I-130 approved by the USCIS, I'm not considerate DCF? Again thank you payxibka. God bless you.

Edited November 12, 2010 by babyshaq4

[RICARDO4EVA2 194]

Thank you for the reply payxibka. Yes, my I-130 was approved by the USCIS when I was in the country (US). I was deported a few months ago and now I have to go that way to get back in the US. Should I assume that because I already have an I-130 approved by the USCIS, I'm not considerate DCF? Again thank you payxibka. God bless you.

DCF is only allowed by certain consulates.. and most times the US Citizen has to reside in the country where the DCF is being requested if offered. IF the I-130 was mailed to USCIS then it was not a DCF. This is done locally and they (office) accepts the receipt of the form.. some offices may process it there while others may send it to the USCIS office over your area to have the form adjudicated.... Others might have something to add.

[babyshaq4 0]

DCF is only allowed by certain consulates.. and most times the US Citizen has to reside in the country where the DCF is being requested if offered. IF the I-130 was mailed to USCIS then it was not a DCF. This is done locally and they (office) accepts the receipt of the form.. some offices may process it there while others may send it to the USCIS office over your area to have the form adjudicated.... Others might have something to add.

Thank you RICARDO4EVA2. However, I'm lost as ever after reading your reply. Let me try to explain again, my wife and I filed the I-130 with the USCIS in August 2008 and it was approved in January 2009, I was still living in the US. In August 2010 I was deported from the US. My understanding was that I will go through the NVC with my approved I-130, the USCIS should transfer my I-130 to the NVC because I was not in the country anymore, the NVC will set me an interview date at the embassy in my country after I go through their process, after they have requested a million papers from me, when it meets they requirements they will close my case and send it to the US embassy in my country, where I will be found inadmissible at the interview for illegal presence and submit my waiver package at the interview. So am I a DCF or not? Am I going the right way about getting back in the US? Please could anyone help me understand what my process should be or what I should be doing? Again thank you RICARDO4EVA2. God bless you.

[canadian_wife 1,827]

Again, you are NOT DCF. DCF is when the US citizen is a legal resident of the country of the beneficiary and files the I-130 directly with the consulate

You are simply following the procedures for an applicant outside of the US (with the US citizen in the US) you will apply for the visa in your home country - NOT DCF.

Your interview will occur in your home country (also, if you were deported, you are facting the I-212 and a possible ban). That is the way it is supposed to go. You are doing everything right. Your terminology is just wrong

Good luck

[babyshaq4 0]

Again, you are NOT DCF. DCF is when the US citizen is a legal resident of the country of the beneficiary and files the I-130 directly with the consulate

You are simply following the procedures for an applicant outside of the US (with the US citizen in the US) you will apply for the visa in your home country - NOT DCF.

Your interview will occur in your home country (also, if you were deported, you are facting the I-212 and a possible ban). That is the way it is supposed to go. You are doing everything right. Your terminology is just wrong

Good luck

Thank you canadian_wife. You made it clear to me, now I understand better. Yes I have a 10 years ban, however I will apply for a waiver, I will file the I-601 to overcome my illegal presence and I-212 to overcome my deportation. Again thank you. God bless you.