Selecting a service center

[payxibka 10,045]

Like I said in my previous post, I worry way too much and I personally would not do it. I don't know, what if your fiance is at the interview stage and they ask about your job, past income taxes if they notice your address on them and then they figure out you filed in the wrong center. Or what if after it is approved, but then they find out you should have filed at the CSC, and then you have to go through the entire process once again. Is that a risk you want to take? But then again, you could get away with it and speed right on through. Me personally, I would not take that route. I would file at the center I am supposed too, even if it's the CSC. Just think about it and decide what's best for you. Good luck!

I suppose, but since we are talking about two different branches of the government then I cannot imagine the embassy (DOS) folks truly caring which USCIS (DHS) service center performed the adjudication. Why would they care? An approved petition is an approved petition. Am I totally off base here?

If anyone is going to have a problem with this it has to be within the USCIS and I am trying to figure out what they might do in such a case. It would be really nice if the answer was as simple as as stated in Regulation X (1)(a)(i)(2) if a petitioner files in the wrong service center then ................

I have to believe the worst case is they will return it to me or forward it to CSC, but that is the unknown........

I understand we are all grasping for potential "what ifs" and I do appreciate everyone's thoughts and comments and I am not discounting your thoughts and replies but I am just playing devil's advocate.

[Yodrak 7]

fwaguy,

Where did you get this understanding about "expect to live"?

If the case officer pays any attention to your G-325A (although I'm not sure that they do), there might be some question as to how you can be living in the northeast while working in the midwest. When are you going to show on your G-325A that you moved to the northeast?

Yodrak

My understanding of the regulations is that you can send your petition to either the service center that covers the state you currently live in (currently my permanent address) or to the service center in the state that covers an address you expect to live in.

Here is my question: I have the opportunity to put in a valid address in a state that is covered by VSC (my sister's residence). She has offered this so I need I can receive mail at that address. If my interpretation of the regulations is correct and should I opt for that opportunity, will VSC send all my snail mail to that address or my permanent address where I currently live? Anyone think of any pitfalls to this approach?

[no name 1]

fwaguy,

Where did you get this understanding about "expect to live"?

If the case officer pays any attention to your G-325A (although I'm not sure that they do), there might be some question as to how you can be living in the northeast while working in the midwest. When are you going to show on your G-325A that you moved to the northeast?

Yodrak

As ever, you are a font of knowledge & wisdom. Impressive.

[Yodrak 7]

fwaguy,

Have a hunt through the Adjudicator's Field Manual, maybe you'll find the answer in there.

Yodrak

.....

If anyone is going to have a problem with this it has to be within the USCIS and I am trying to figure out what they might do in such a case. It would be really nice if the answer was as simple as as stated in Regulation X (1)(a)(i)(2) if a petitioner files in the wrong service center then ................

....

devilette,

Not really. But I do try to think about what I'm doing. (Sometimes.)

Thanks for the compliment, though.

Yodrak

fwaguy,

Where did you get this understanding about "expect to live"?

If the case officer pays any attention to your G-325A (although I'm not sure that they do), there might be some question as to how you can be living in the northeast while working in the midwest. When are you going to show on your G-325A that you moved to the northeast?

Yodrak

As ever, you are a font of knowledge & wisdom. Impressive.

[payxibka 10,045]

fwaguy,

Where did you get this understanding about "expect to live"?

If the case officer pays any attention to your G-325A (although I'm not sure that they do), there might be some question as to how you can be living in the northeast while working in the midwest. When are you going to show on your G-325A that you moved to the northeast?

Yodrak

If you would taken the time to have read the entire thread you would have completely understood I came across something two years ago (shortly after my first k-1 filing) but I cannot find the source today as I wrote down a url on the then BCIS website but now the link is dead. I cannot find it replicated on the new USCIS website as the pages are not the same. What I read was that you could file at the service center where you presently live or where you "INTEND" to live however, I cannot verify this information (based on the above) and that is why I posted a question here to see if anyone else had read something similiar.

But to answer to your question the g-325a would not show living in the northeast because I would be filing the petition based on the "INTEND" to live address that I would put on the I-129f Part B Question 13. And as far as working supposedly in the midwest that is easily overcome, maybe I happen to work for a fortune 100 company that has operations and locations all over the world. For example, I could put 3M Company St Paul, MN but I could certainly work at one of the plants in Maryland or Virginia or maybe I am a pilot for Northwest Airlines.

I also have previously acknowledged that this discussion has become moot because I cannot verify my original cite nor can anyone else. I am not bright nor coniving enough to think of such a scheme on my own so I know with confidence that I read it somewhere or I am simply a complete idiot and I took something out of context and I am wrong.

Here is what the adudicators field manual stated so far:

"Although the instructions for each type of application or petition specify where that application or petition is to be submitted, submission to an incorrect office (or incorrect post office box where more than one box is used by a service center to sort cases by application type) is not a reason for rejection. Such cases should be receipted and routed to the appropriate office for processing. "

So at worst a filing to VSC gets routed to CSC.....

[Yodrak 7]

fwaguy,

....

But to answer to your question the g-325a would not show living in the northeast because I would be filing the petition based on the "INTEND" to live address that I would put on the I-129f Part B Question 13.

Note that that question asks where the fiance(e) intends to live after entering the USA. Granted, it would be expected that you and she would live together in most normal circumstances, but it is a major stretch of the imagination to think that that question can be the basis for where the petition can be filed. The petition instructions clearly say to file based on where one is living. Emphasis on 'is'.

And as far as working supposedly in the midwest that is easily overcome, maybe I happen to work for a fortune 100 company that has operations and locations all over the world. For example, I could put 3M Company St Paul, MN but I could certainly work at one of the plants in Maryland or Virginia or maybe I am a pilot for Northwest Airlines.

The pilot scenario I accept. (My brother is a tug captain, he lives in Chatham MA and works in San Francisco harbor.) But for the national or international company example like 3M one should give the employer's address as the address of the particular facility where they work, not the corporate headquarters.

I did try something like this, by the way, but in reverse. I filed an I-129f petition for fiance(e) with the VSC many months after moving from the northeast to the midwest. I rationalized it on the basis that all of my documentation was still based on the old address - DL and voter registration being the 2 biggies, and I still owned the home back there. If the new job didn't work out I could have gone back. But the case never went to completion as we decided to get married and start over so I withdrew the petition.

Yodrak

Edited October 25, 2006 by Yodrak

[payxibka 10,045]

The petition instructions clearly say to file based on where one is living. Emphasis on 'is'.

Thus my heartburn when I read that because I know I read something different two years ago and I am trying to verify it but to date to no avail.

As for the multi-state company, I could certainly put a local plant address but the W-2 comes out with the headquarters address on it...... so even with the that it is not a perfect scenario.

[ucla_cutie26 0]

Or you could simply avoid all of this by filing in the CSC! It's not THAT bad after all. I filed in July and got my approval last week.

[payxibka 10,045]

Or you could simply avoid all of this by filing in the CSC! It's not THAT bad after all. I filed in July and got my approval last week.

Avoid all what? Why avoid if it is allowable. Let me remind you that I have done nothing other than posted about something I believed was possible based on something I read. It has been bantered around and now unless a definitive piece of evidence is presented then I think the answer is clear.

[aussiewench 9]

fwaguy

Can you post the link where you read this as I was under the impression that 'filing where you will reside eventually' applied to those US citizens who were not currently in the US.

Would like to add. Hubby at the time we filed had no fixed address and was travelling across the US staying with family etc for various amounts of time. He filed using his sisters address covered by VSC as VSC was approving much faster. If one can do it, do it.

I may ultimately be complete wet here......

This why I really posted the question here in the first place. The link I have is over two years old and is to the then BCIS website which now goes to the USCIS website but all the pages are different. I am not bright enough to have thought of this scheme all by myself. It has been locked away in my mind for 2+ years. If I was 100% sure of this then I would have just done it and reported back my success or failure. I wanted to see if any fellow VJ'ers could confirm or blow an absolute hole in it. So far, I have suspicion but no definitive proof in either direction. Well the definitive proof is that I really lack any proof right now..... And I will not do anything of this kind unless I know I am correct... Lack of any good support, it appears I will file at the NSC once again....

FYI, US Citizens abroad are to file at the service center based on there last residence....

Found what I was looking for.

9 FAM 41.81 N2 FILING OF FORM I-129F, PETITION FOR ALIEN FIANCÉ(E)

(TL:VISA-756; 07-27-2005)

Because INA 214(d) uses the language “petition filed in the United States,” a K visa petition Form I-129-F, Petition for Alien Fiance(e) may not be filed with, or approved or denied by, a consular officer or an immigration officer stationed abroad. All K visa petitions must be filed with the Department of Homeland Security (DHS) district office having DHS jurisdiction over the petitioner’s current or intended residence in the United States. If the citizen fiance(e) is abroad at the time the K visa petition is filed the consular officer should advise the petitioner to send the completed petition, supporting documents and appropriate fee to the Department of Homeland Security (DHS) Service Center with jurisdiction over his or her state of intended residence after marriage. The DHS Internet website (Service Centers) has complete information on Service Center jurisdiction. After the petition is approved, DHS will transmit it to the appropriate post.

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

Got to say though that the FAM is Department of State which is completely seperate to USCIS and the INA.

[payxibka 10,045]

Found what I was looking for.

9 FAM 41.81 N2 FILING OF FORM I-129F, PETITION FOR ALIEN FIANCÉ(E)

(TL:VISA-756; 07-27-2005)

Because INA 214(d) uses the language “petition filed in the United States,” a K visa petition Form I-129-F, Petition for Alien Fiance(e) may not be filed with, or approved or denied by, a consular officer or an immigration officer stationed abroad. All K visa petitions must be filed with the Department of Homeland Security (DHS) district office having DHS jurisdiction over the petitioner’s current or intended residence in the United States. If the citizen fiance(e) is abroad at the time the K visa petition is filed the consular officer should advise the petitioner to send the completed petition, supporting documents and appropriate fee to the Department of Homeland Security (DHS) Service Center with jurisdiction over his or her state of intended residence after marriage. The DHS Internet website (Service Centers) has complete information on Service Center jurisdiction. After the petition is approved, DHS will transmit it to the appropriate post.

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

Got to say though that the FAM is Department of State which is completely seperate to USCIS and the INA.

Thank you.... I thought I was losing my freaking mind.

I am trying to figure out the hierarchy here. Immigration and Nationality Act (INA) (8 USC 1255a) as modified my PL 106-553 is administered by the US Department of State (DOS). They have contracted with the USCIS (DHS) to be the adjudicators of the initial filing process.

If so, then USCIS needs to follow the guidelines of the law as interpreted by the DOS. Does this make sense?

Maybe the wisdom of the mighty Yodrak is needed.....

Edited October 27, 2006 by fwaguy

[meauxna 15]

I don't think the hierarchy has anything to do with it. The FAM is for overseas Gov't workers, basically. Note that the section that discusses filing I-130 with the consular staff is discussed there nearby as well.

USCIS *gives* State permission to accept and adjudicate petitions under certain circumstances, when the USC petitioner is living abroad.

When the K visa class was added in the (?) 70s, the lingo in the INA specifically said 'filed in the US' which took away any Consular (or any kind of overseas) filing option.

PS: can't you do non-resident DCF in Kiev? Or is that old time now?

Edited October 27, 2006 by meauxna

[payxibka 10,045]

I don't think the hierarchy has anything to do with it. The FAM is for overseas Gov't workers, basically. Note that the section that discusses filing I-130 with the consular staff is discussed there nearby as well.

USCIS *gives* State permission to accept and adjudicate petitions under certain circumstances, when the USC petitioner is living abroad.

When the K visa class was added in the (?) 70s, the lingo in the INA specifically said 'filed in the US' which took away any Consular (or any kind of overseas) filing option.

PS: can't you do non-resident DCF in Kiev? Or is that old time now?

Oh well at least I did not lose my mind because I was certain I read this before...

DCF is alive and well in Kiev.

[Yodrak 7]

fwaguy,

Paying heed to the context - the DoS' FAM - I think that this language is intended to apply to USCs who are overseas and do not have a current place of residence in the USA. Many expats could be in such a situation.

I-129f cannot be submitted by DCF as I-130 can, it must be submitted to a Service Center in the USA.

Yodrak

Found what I was looking for.

9 FAM 41.81 N2 FILING OF FORM I-129F, PETITION FOR ALIEN FIANCÉ(E)

(TL:VISA-756; 07-27-2005)

Because INA 214(d) uses the language "petition filed in the United States," a K visa petition Form I-129-F, Petition for Alien Fiance(e) may not be filed with, or approved or denied by, a consular officer or an immigration officer stationed abroad. All K visa petitions must be filed with the Department of Homeland Security (DHS) district office having DHS jurisdiction over the petitioner's current or intended residence in the United States. If the citizen fiance(e) is abroad at the time the K visa petition is filed the consular officer should advise the petitioner to send the completed petition, supporting documents and appropriate fee to the Department of Homeland Security (DHS) Service Center with jurisdiction over his or her state of intended residence after marriage. The DHS Internet website (Service Centers) has complete information on Service Center jurisdiction. After the petition is approved, DHS will transmit it to the appropriate post.

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

Got to say though that the FAM is Department of State which is completely seperate to USCIS and the INA.

Thank you.... I thought I was losing my freaking mind.

I am trying to figure out the hierarchy here. Immigration and Nationality Act (INA) (8 USC 1255a) as modified my PL 106-553 is administered by the US Department of State (DOS). They have contracted with the USCIS (DHS) to be the adjudicators of the initial filing process.

If so, then USCIS needs to follow the guidelines of the law as interpreted by the DOS. Does this make sense?

Maybe the wisdom of the mighty Yodrak is needed.....