USC petitioner living abroad

[Harpa Timsah 13,258]

Consulates are NOT "field offices." An apple is not an orange.

That is why there is no DCF in those countries. There are a few USCIS "International field offices," and those are the places where a person can file DCF. Those are found in just a few countries.

Your problem is with the definition, at very basic level.

[oohpartiv 484]

That is why there is no DCF in those countries. There are a few USCIS "International field offices," and those are the places where a person can file DCF. Those are found in just a few countries.

I somehow doubt that it's a coincidence that the countries listed there are also the only countries where one can still do DCF. I also highly doubt that NBC would send all this "abroad filers" back out across the globe, then have those offices send them back to the States, then have NVC later send them back across the world - I mean, if local field offices in the States are keeping approved I-130s together to send a monthly package to NVC in an attempt to save on shipping, I doubt any special treatment for international shipping would be had, as you're implying.

Edited March 22, 2013 by oohpartiv

[MeredythB 38]

The stubbornness here is incredible.

Did anyone actually read the memo?

USCIS wants to notify customers and stakeholders that some work that USCIS performs at the four USCIS service centers (Vermont, Nebraska, Texas and California) will be transferred to a Field Office or the National Benefits Center (NBC) in order to balance the overall workload with processing capacity. The chart below summarizes these changes.

Stand-Alone Immediate Relative (IR) I-130, Petition for Alien Relative

Effective Date -Aug. 15, 2012

Previous Location -all USCIS service centers

New Location- Field Office with jurisdiction over the petitioner's place of residence

Effect on Customers

Stand-Alone Immediate Relative I-130s will be transferred from the Service Center to the National Benefits Center (NBC), and then routed to the appropriate Field Office. Customers will receive a notice indicating the case was transferred to the NBC, but that notice will not indicate the final local Field Office location.

---

So please tell me exactly what part of this is BS or misinformation? They go to the field office based on your place of residence if you filed after Aug 2012. The notice does not notify you of the final field office location. But it does in fact go there.

--

As for my personal visa journey- like others it has been bumpy at times. I have started one or two topics in the past but got no responses as I guess my issue was out of the realm of users on here. And thats fine.

I never claimed to be a lawyer. I never claimed to know more then anyone else.

Its just unfathomable for an official USCIS memo to clearly state stand alone 130s will be transferred from the Service Center to the National Benefits Center (NBC), and then routed to the appropriate Field Office, and then have post after post stating- thats BS and misinformation - omg stop posting that- who are you anyway?!?

Well, I've told you exactly who I am just a few posts ago. I am a filer from abroad. In Europe. As you can see from my profile and signature, I filed from the Republic of Ireland. We do not have a USCIS office here. There is no DCF available. So, in November, I filed a standalone I-130 petition for my spouse. It was sent to the Chicago lockbox. From there, we were sent to the National Benefits Centre in Missouri. Our petition was processed THERE. THAT IS WHERE PETITIONS FILED FROM ABROAD GO. There are no "field offices" for foreign filers, at least not for those who do not have access to DCF. Field offices are based on the USC's US ADDRESS. If you don't HAVE a US address, you stay in Missouri. This has been stated more than once. From Missouri, we were sent to the NVC in Vermont. How do I know that? BECAUSE I TALKED TO THEM. EVERY DAY. We are currently in the queue for an interview date. Once we have received an interview date, then, AND ONLY THEN, our file will be shipped to the US Embassy in Dublin. That is how the filers from abroad without access to DCF are processed. Again, I know this because I AM ONE OF THOSE FILERS. So until you have direct experience with this particular avenue of visa filing, please stop arguing with the people who HAVE the experience and, therefore, know what they're talking about. Thank you.

Oh, and

Edited March 22, 2013 by MeredythB

[N-o-l-a 7,167]

Capri, I am going to tell you this again. The office that oversees all field offices told me explicitly that the petitions were adjudicated in the UNITED STATES. The London Field Office told me that I should attach a letter to my I-130 because they don't see petitions from Denmark. My senator's aid told me that they were processing my petition in the US. After being sent to Denmark, guess where my petition went? Back to Hartford by order of the field office directorate. The acting director of VSC sent me a letter sending back my expedite request from Hartford on March 14th, clearly stating that my petition was still there.

My new I-130 I sent to London has a different case number and is a different petition. The original I-130 is still in existence. I have discussed and verified this with both the field office directorate and the ombudsman.

The ONLY reason we sent a brand new I-130 to London is because of the issues NBC and Hartford were having figuring out who had jurisdiction. We qualified for DCF under the extraordinary circumstances clause that still exists for DCF in all countries. I haven't put it in my timeline or on here much because I started getting PMs asking how to do DCF in a non-DCF country and I didn't want to confuse people.

You really must stop this.

[AshleyLCBaker 7]

No, you cannot do anything if it goes past that time.

1. VJ started to notice this quickness over a year ago for foreign filers. There were a lot of threads where people said "help! I got my NOA2 too soon!" Laure started this thread to try to figure out what was going on.

2. USCIS never owned up to this practice, so if you don't get in "the queue", you can't complain. This is a policy we had been noticing, but it's not an official thing you can complain about.

3. Since... some months ago? Because of the backlog, some cases are getting transferred to local offices. Because this is a change in protocol we don't know what's going on. This thread lived on, but what's happening seems to be a crapshoot based on the local office's workload, and I am not sure too much relevant data is coming from it lately, but maybe I am wrong.

4. The people you call are called the "misinformation line." The first people who answer the phone are not even USCIS employees, but call center employees who read from a screen. Don't trust a thing they say.

Yeah, this is what I thought! Oh well, I'll just assume random-ness and expect my NOA2 to come in around two weeks or like, August. Thanks for the info!

[Lucy_Nani 0]

So then we are right to think that there is no such thing as an expodited case? That sucks....Also another question The instructions page on the i-130 says "Translations Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct and by the translators certification that he or she is competent to translate the foreign language into English." How does the translator get certified!? I was told on VJ that I could do the translation...?

[Harpa Timsah 13,258]

So then we are right to think that there is no such thing as an expodited case? That sucks....Also another question The instructions page on the i-130 says "Translations Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct and by the translators certification that he or she is competent to translate the foreign language into English." How does the translator get certified!? I was told on VJ that I could do the translation...?

This thing used to exist, for sure. It may exist again. I am not sure if it exists, now.

This is a good thing to track, but someone needs to take the reigns and make some sense of it, starting at the time they started sending some petitions to local offices.

It'd be good to compare the latest presumed "expedites" to cases filed from abroad that are filed from within the US.

You can do the translation with a statement that you are competent to do it. Use the Vj advanced search function for examples.

[Lucy_Nani 0]

This thing used to exist, for sure. It may exist again. I am not sure if it exists, now.

This is a good thing to track, but someone needs to take the reigns and make some sense of it, starting at the time they started sending some petitions to local offices.

It'd be good to compare the latest presumed "expedites" to cases filed from abroad that are filed from within the US.

You can do the translation with a statement that you are competent to do it. Use the Vj advanced search function for examples.

Ok sorry I don't know how to "Use the VJ advanced search functions for examples." How can I get a statement saying that I am competent to translate?!?!?

[NikLR 13,227]

You just make a statement at the bottom of the page. Example:

(1) the statement by the translator: "I certify that I am fluent in both English and [foreign language] and that the attached translation in English of [name of applicant]'s [name(s) of document(s)] is a true and accurate translation of the original document(s) in [foreign language]."

(2) the signature of translator and date.

Edited March 24, 2013 by NikiR

[whitey810 0]

There are no "field offices" for foreign filers, at least not for those who do not have access to DCF. Field offices are based on the USC's US ADDRESS. If you don't HAVE a US address, you stay in Missouri. This has been stated more than once. From Missouri, we were sent to the NVC in Vermont. How do I know that? BECAUSE I TALKED TO THEM. EVERY DAY.

In Capri's defense it does state on the USCIS site that he quoted, that it will be sent to a local field office and that they wont tell you which one. And everyone seems to assume that they are mailing packets of paper all around the world. It's hard to imagine there are hundreds of thousands of paper applications in stacks at all of these offices and service centers around the country...but I guess we are talking about gov't procedure here. Since these abroad filed applications seem to be processed quicker whose to say the foreign embassies dont play a role in the process. I'm sure there must be a scanner at the office somewhere...

Everyone is speculating and arguing about the procedure when the main point of this thread is for timelines of applications filed from abroad. As someone who is looking into this process for my own situation, the dates from NOA1 to NOA2 are more important than what state, country, or person actually approves my app.

[MeredythB 38]

In Capri's defense it does state on the USCIS site that he quoted, that it will be sent to a local field office and that they wont tell you which one. And everyone seems to assume that they are mailing packets of paper all around the world. It's hard to imagine there are hundreds of thousands of paper applications in stacks at all of these offices and service centers around the country...but I guess we are talking about gov't procedure here. Since these abroad filed applications seem to be processed quicker whose to say the foreign embassies dont play a role in the process. I'm sure there must be a scanner at the office somewhere...

Everyone is speculating and arguing about the procedure when the main point of this thread is for timelines of applications filed from abroad. As someone who is looking into this process for my own situation, the dates from NOA1 to NOA2 are more important than what state, country, or person actually approves my app.

Yes, I've already included my information in this thread as a filer from abroad. As you can see, it's also notated in my signature.

Believe me, you are going to want to know where your application is at all times. If something happens (like what happened to Nola123), you are going to want to know where your inquiries or Congressional inquires need to be directed. If by misunderstanding the process you continue to send queries to the wrong office, it is going to cost you time. Capri, who is not in the filer-abroad group, had been given the correct information in another thread. As far as who is to say that foreign embassies are not playing a role in the process for non-DCF I-130s.....we are, the ones who have been through or who are going through the process from abroad. It's also said on the foreign office sites, if you look. I (and a few others) tried to clear up an incorrect assumption, so that anyone new would understand what is going to happen to their application. Oh, and those applications? They ARE sitting, in big boxes, in local offices. Check out the Atlanta transfers thread, if you don't believe me.

http://www.visajourney.com/forums/topic/397450-atlanta-transferrers/

Good luck.

[AshleyLCBaker 7]

Just checked the website and found out we're approved! So I thought I'd fill out the survey:

1. Country USC resides in: Australia

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130: February 2013

4. How long had you been living abroad: 5 years

5. Do you reside in the country legally? Yes

6. What is the reason for your residence: Living with my husband

7. Did you list your foreign address on all forms in I-130 package? Yes

8. Did you send I-130 package from abroad? Yes

9. Did you include evidence of your residence abroad in the I-130 package? Yes (a copy of our lease with both our names, my son's birth certificate from an Australian hospital)

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? No, I didn't mention that I was living abroad in the cover letter, but the people who wrote our affidavits did and I think it was pretty obvious from the rest of the application

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? 42 days between NOA1 and NOA2, so I assume so!

[malamaja 1]

1. Country USC resides in: Australia

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130: 8th February 2013

4. How long had you been living abroad: 6 years

5. Do you reside in the country legally? Yes

6. What is the reason for your residence: work permit (math/finance)

7. Did you list your foreign address on all forms in I-130 package? Yes

8. Did you send I-130 package from abroad? Yes

9. Did you include evidence of your residence abroad in the I-130 package? Yes, all addresses on all forms were in Australia (we said n/a on US address, saying we will decide once we move)

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? Yes (cover letter indicated that we were keen to relocate and for the USC to return home).

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? Yes, received approval on 26th March (46 days)

Edited March 28, 2013 by malamaja

[LucidSofia 59]

1. Country USC resides in: Spain

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130: 5th February 2013

4. How long had you been living abroad: 1.5 years

5. Do you reside in the country legally? Yes

6. What is the reason for your residence: study permit (spanish classes)

7. Did you list your foreign address on all forms in I-130 package? Yes

8. Did you send I-130 package from abroad? Yes

9. Did you include evidence of your residence abroad in the I-130 package? Yes, lease with our names and "empadronamiento" (only people from spain will know what this is).

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? Did not write a cover letter, only a table of contents which wasn´t very descriptive.

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? Yes, 38 days from NOA1 email to approval date.

[NepaliDreamer 8]

1. Country USC resides in: Nepal

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130: Jan 15, 2013

4. How long had you been living abroad: 8 years

5. Do you reside in the country legally? Yes

6. What is the reason for your residence: work permit/student/tourist/other - personal choice

7. Did you list your foreign address on all forms in I-130 package? Yes

8. Did you send I-130 package from abroad? Yes

9. Did you include evidence of your residence abroad in the I-130 package? No.

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? Yes

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? I don't know, 27 days.