The Hartford Office Sent my unapproved I-130 to Copenhagen

[N-o-l-a 7,168]

Regardless of all that, since it is now clear that London Field Office has jurisdiction over your 130, you need to send in your expedited request to them for processing ASAP. Once they approve it, they will forward it to the NVC for visa processing.

Capri, I'm not sending them an expedite request and they are sending my I-130 directly to the embassy. I am sending them a BRAND NEW I-130.

Did you read the email from the London Field Office at all?

[Villanelle 4,122]

Yes, they are advising you to send in a new 130.

So youre not going to send in any type of expedite with it? Just going to let it be processed like normal? You do realize that can take a long time. I mean some people do get quicker NOA2s when they are both overseas but its no guarantee.

The only thing that can ensure a quicker NOA2 is a granted expedite request.

[Villanelle 4,122]

They said they will 'adjudicate your case and forward it to the embassy' that means youll be processed and when youre done it will be Fed-exed to the embassy.

review the USCIS page on the London Field Office.

All I-130s/I-360's are adjudicated in the order they are received. We ask that you please refrain from contacting this office for status checks while your application is pending. Your cooperation will help us ensure that we maintain our exceptional processing times.

They process in the order they are received. Your wait time will vary. You want an expedite, you need to ask for it.

[N-o-l-a 7,168]

They said they will 'adjudicate your case and forward it to the embassy' that means youll be processed and when youre done it will be Fed-exed to the embassy.

review the USCIS page on the London Field Office.

All I-130s/I-360's are adjudicated in the order they are received. We ask that you please refrain from contacting this office for status checks while your application is pending. Your cooperation will help us ensure that we maintain our exceptional processing times.

They process in the order they are received. Your wait time will vary. You want an expedite, you need to ask for it.

And their current processing time is less than 2 weeks.

I will politely ask in the cover letter for a bit speedier of a process on account of the errors, but at this point I just want things to go smoothly and normally, know what I mean?

[Villanelle 4,122]

Not sure where you got 2 weeks from, (I hope its 2 weeks ) From what I can see in recent timelines for their combined jurisdictions, it looks more like an average of 4 weeks.

I kind of figure you have so much evidence of a hardship/qualifying expedite, that whats the harm in including it, (espc if it would shave a week or two off) but I can see the hesitation in thinking, I dont want to make this any more complicated and would rather just get this approved quickly and quietly with out incident.

(I guess you should now start looking forward to whats next, anticipate getting your NOA2 very soon and preparing for whats next)

[Hypnos 6,578]

Not sure where you got 2 weeks from, (I hope its 2 weeks )

http://london.usemba...i130filing.html

"As of February 13, 2013, we are processing petitions filed on February 01,2013."

Edited February 20, 2013 by Hypnos

[chaine1 116]

Hey - Congrats Nola! Looks like someone took pity on the mess you've endured.

Did they tell you what to do about the other I-130? Just thinking ahead...I would hate to see that cause any confusion down the road!

[Ms Hogan 295]

Great news! I'm looking forward to seeing you over in the NVC filers thread instead of the Jaded filers thread! It will feel so much better even though I guess you'll still feel jaded for a long while and rightly so.

The fact that they've actually apologized for their mess up seems like a very big deal and what wonderful news that they're basically waiting for it to get to them so they can take care of it! I'm so happy for you!

[The Mean Lady 604]

yessssss!

[AKSinghSingh79 143]

I know, right? She responded back so quickly too! We will be expressing the I-130 tomorrow and it was actually a simple procedure to put together because London wants no bonafide evidence or anything and has a checklist all done out. I did have to go into the city center to get a photo for the G325a, but that is small beans compared to this.

I hadn't really researched how to do DCF after NOA2, so I'm going to have to figure that out. I think we just bring all of the AOS stuff to the embassy, right?

Nola,

I'm so relieved for you. Praise to London for being on tops of things.

You deserve the bypass for how badly they screwed up your case. Your poor original I-130 package. There must be nothing left of it based on how much its travelled!

Hope the rest of your case moves lightning fast. Congrats!

[NikLR 13,232]

Nola I'm so happy for you! This is awesome news. Finally after all the BS you are getting the rewards. You'll be able to move home with your ENTIRE family soon. YAY!

[Villanelle 4,122]

I realize this is not going to be a popular post but Im going to post it anyway.

There seems to be a general consensus here that everything that happened was due to USCISs error and not the petitioners fault and thats not true.

The form was originally sent in with foreign address. If it was left alone it wouldve been sent to the correct office (London) for processing.

But she contacted the phone center on Dec 10 and was advised 'foreign addresses were iffy' and put in a service request to change her address to a US address. that changed the office from London to Hartford. USCIS messed up and changed them both to the US.

When she filed her expedite she found out they were both listed as in the US and requested to change them both back to foreign addresses. At that time she was already in Hartford and it took a while for the change of address to kick in to get her out of there. It was a change of address she requested for herself that got her sent there.

---

The only thing Im concerned about is several pages ago she mentioned she does not have proof of residency yet for Denmark. London is not going to adjudicate her 130 unless they are sure they have jurisdiction over the petition. That means they must be sure she is a resident there. That was what the ISO was referring to when he said 'foreign addresses are 'iffy'. Since processing at foreign field offices are so much quicker then processing at field offices in the US, people would much rather list addresses in their spouses countries as their own, then use their address in the US. So you cant just list the foreign address, you must actually be a resident there and you have to have proof you are a resident in order for the London office to have jurisdiction to process it. She must go and get proof of her residency there or else theres a chance London is going to say they do not have jurisdiction as they can not determine she is a resident in the areas they serve and she must file through the local office in the area she resides (where ever she does have proof of residency for- if its in CT then it would have to go back to Hartford again)

So she really needs to go down to where ever it is that she was referring to when she said I can get proof of residency I just havent done it yet, and do it- like right now, in case London asks for it, because if they do, she must present it, or they wont process her.

[The Mean Lady 604]

Capri, I think you've missed a lot of NOLA's story.

She was not receiving her paper NOA1 and so USCIS asked for a US address to send it to.

She gave it to them and they mistakenly changed the beneficiary address like a couple of morons.

She did not want to change her address, USCIS MADE her insisting that she could not have mail sent to Denmark which was NOT true.

[Roosha 51]

I agree that the whole mess started when Nola changed her address to a US one (and then the idiot USCIS rep went and changed her husband's address too) but there is one huge point that you're wrong about capri and that's this:

The form was originally sent in with foreign address. If it was left alone it wouldve been sent to the correct office (London) for processing.

If the form had been left alone it would have stayed at NBC to be processed it would NOT have been sent to London. The only time that I-130s are being processed overseas is if the petitioner is lucky enough to reside in a country where USCIS has a field office. Meaning there is no way that Nola could have her case be adjudicated unless she actually lived in London for the past 6 months and can prove it.

The file also would NOT have been sent to Hartford to be processed since, as stated by the Hartford office, they don't have jurisdiction over it since the petitioner does not live in the boundaries of the Hartford office.

My whole point out of all of this is that the reason that London is taking a hand in this case is b/c it's been so screwed up that SOMEONE needs to take care of it and right now they are the closest USCIS office to where the case physically is (Denmark). So I don't think any of the normal rules apply. From their email it seems that the London office is VERY aware of the cluster f**k that is this case and will do everything in their power to get it processed, I don't think they will nitpick about any details from here on out!

[N-o-l-a 7,168]

I realize this is not going to be a popular post but Im going to post it anyway.

There seems to be a general consensus here that everything that happened was due to USCISs error and not the petitioners fault and thats not true.

The form was originally sent in with foreign address. If it was left alone it wouldve been sent to the correct office (London) for processing.

But she contacted the phone center on Dec 10 and was advised 'foreign addresses were iffy' and put in a service request to change her address to a US address. that changed the office from London to Hartford. USCIS messed up and changed them both to the US.

When she filed her expedite she found out they were both listed as in the US and requested to change them both back to foreign addresses. At that time she was already in Hartford and it took a while for the change of address to kick in to get her out of there. It was a change of address she requested for herself that got her sent there.

---

The only thing Im concerned about is several pages ago she mentioned she does not have proof of residency yet for Denmark. London is not going to adjudicate her 130 unless they are sure they have jurisdiction over the petition. That means they must be sure she is a resident there. That was what the ISO was referring to when he said 'foreign addresses are 'iffy'. Since processing at foreign field offices are so much quicker then processing at field offices in the US, people would much rather list addresses in their spouses countries as their own, then use their address in the US. So you cant just list the foreign address, you must actually be a resident there and you have to have proof you are a resident in order for the London office to have jurisdiction to process it. She must go and get proof of her residency there or else theres a chance London is going to say they do not have jurisdiction as they can not determine she is a resident in the areas they serve and she must file through the local office in the area she resides (where ever she does have proof of residency for- if its in CT then it would have to go back to Hartford again)

So she really needs to go down to where ever it is that she was referring to when she said I can get proof of residency I just havent done it yet, and do it- like right now, in case London asks for it, because if they do, she must present it, or they wont process her.

Capri, you seriously have no idea what you are talking about. London has stated to me in a subsequent email that I don't need proof of living anywhere. THe checklist for London says all I would need is an EU passport bio page to prove I'm living anywhere.

I am legally resident here, just not registered and by law I don't need to register as it is only a document that confers the rights onto to that already exist, and an EU passport in sufficient to prove residency in the UK for DCF purposes.

Maybe you need to do your homework and stop pretending you know more than you do.

Edited February 21, 2013 by Nola123