Embassy's will no longer accept I-130

[sooperspryte 0]

Hello, I've just gotten engaged and am new to this process. I've been searching around the forum and it seems as though DCF is the best option for getting my fiancee a visa/greencard. Or at least it used to be? I'm pretty confused about the recent happenings with the new law passed and all. She is from Japan, so do you know if we can still file the I-130 from Japan? If so do you think it would still be a faster way for her to get a green card? Or do you think it would be better just to try and get a K1 fiancee visa and go through the waiting associated with that? Any info or help would be GREATLY appreciated. TIA!

Josh Heath

Hi jah434s and dbzman,

I'm nowhere near an expert so anyone who knows better, please correct.

I'm pretty sure that you can't start filing for the green card/visa until you're actually married. If you want you fiance to go to the US before then, you need to go K1. I believe that once she is there and you get married, you can petition for a change in status (I-485, along with an I-130) for her to become a citizen. That takes 1-2 years but she can be in the States during that time. She can also get a social security number while she's waiting so she would be able to work (I've heard that this takes 30 days and that it takes 6 months, I'm not sure which is true).

As for the nowhere land that DCF is now, no one knows anything for sure. However, what I understand from this is that even with the new process, the intending immigrant does not need to travel to the US just to get the visa. The petitioner (you) needs to file the I-130 with the USCIS department based on where you live (in California if you live in Japan). At that point, after the I-130 is approved (no one knows now how long this takes, could be 6 months to a year?), the intending immigrant (your fiance) can then go to the Tokyo Embassy for her interview and final approval. Note: I am NOT sure that this is the case, but it's the impression I'm getting from the little bits of info that seem to be available.

Hope that helps a bit.

[dbzman 0]

Hello sooperspryte,

That is the situation as I understand it. Once the marriage has taken place I file in Texas. I was hoping to file in Tokyo since I had heard it is faster when you file there than in the USA but that may not be an option now.

If everyone now has to file in the USA instead of at a consulate we may be in for a long wait.

DCF where are you now!

[tammytoes 0]

I am so *so* confused by all of this!!! I don't get it!

Does this mean that DCF cannot be done at all any more? **boggled mind**

[maiki 0]

Is it definite that our stuff went to the Bankok USCIS office? The Tokyo Embassy just said that they had sent it to "the appropriate USCIS office" and that they have no idea how long it'll take or what to do next.

I have no idea how reliable the reply from Bangkok was. They did mention Japan by name, so that's something. The Tokyo embassy's reply to me was to check USCIS's overseas office locater. That leads me to believe our petitions are more likely in Bangkok or Seoul than in California. (Seoul has yet to reply to my email).

It's just ridiculous how we have to be Sherlock Holmes piecing together bits and pieces of information, especially when there's so much the embassy could tell us that they're not. For example, obviously Tokyo knows where they sent our petitions (unless they blindfolded themselves while affixing the address). Why the heck can't they just tell us directly where they sent them?

The way I see it, best case scenario ...

Bangkok has our petitions, finishes the screening in 2-4 weeks and then Tokyo contacts us for our spouses to set up their visa interview appointments.

Worst case scenario ...

I shudder to think

[sooperspryte 0]

I am so *so* confused by all of this!!! I don't get it!

Does this mean that DCF cannot be done at all any more? **boggled mind**

To the best of my knowledge, interviews (after the I-130 is approved) can still be done at the local embassy, meaning that the immigrant need not fly to the US prior to getting the visa. However the I-130s themselves have to be filed directly to the USCIS. These can be filed by mail. As for which USCIS office to file it in, that info is on the USCIS website.

So, since you need to file the I-130 with the USCIS, not the consulate, the term "direct consular filing" seems to be no longer applicable. However at least some part of this process will still be able to be done outside of the US.

Edited February 22, 2007 by sooperspryte

[malka 0]

To the best of my knowledge, interviews (after the I-130 is approved) can still be done at the local embassy, meaning that the immigrant need not fly to the US prior to getting the visa. However the I-130s themselves have to be filed directly to the USCIS. These can be filed by mail. As for which USCIS office to file it in, that info is on the USCIS website.

So, since you need to file the I-130 with the USCIS, not the consulate, the term "direct consular filing" seems to be no longer applicable. However at least some part of this process will still be able to be done outside of the US.

Yes - No matter where the petition is filed (USA or abroad), anyone intending to immigrate to the USA through family not only can but MUST have an interview at a consulate in order to get a visa.

[payxibka 10,045]

So, since you need to file the I-130 with the USCIS, not the consulate, the term "direct consular filing" seems to be no longer applicable. However at least some part of this process will still be able to be done outside of the US.

DCF or direct consular filing means direct filing of the petition and petition only (petition and visa application are two distinct and seperate processes so try not to be confused). All normal procedures for visa application and issuance (interview, etc..) after the petition has been approved, have to be and will continue to be done at the consulate.

Edited February 22, 2007 by fwaguy

[sooperspryte 0]

DCF or direct consular filing means direct filing of the petition and petition only (petition and visa application are two distinct and seperate processes so try not to be confused). All normal procedures for visa application and issuance (interview, etc..) after the petition has been approved, have to be and will continue to be done at the consulate.

Okay, well in that case, yes, it looks like DCF is dead.

[John and Sonya 0]

DCF or direct consular filing means direct filing of the petition and petition only (petition and visa application are two distinct and seperate processes so try not to be confused). All normal procedures for visa application and issuance (interview, etc..) after the petition has been approved, have to be and will continue to be done at the consulate.

Okay, well in that case, yes, it looks like DCF is dead.

Donot agree its dead as of now, bad info to post. The word is not out as of yet. DCF's took alot of burdens off USCIS and its more practical to perform immigrant visa's at embassy's. So it would be wise of them to keep. The only issue with DCF's is background checks, and there is many ways to simplify that. So why dont we wait for the message from USCIS and DOS before we assume and scare people off. My advice to anyone wanting to immigrate their wife/husband, to wait two weeks and lets see what happens.

[ambientgirl 0]

DCF or direct consular filing means direct filing of the petition and petition only (petition and visa application are two distinct and seperate processes so try not to be confused). All normal procedures for visa application and issuance (interview, etc..) after the petition has been approved, have to be and will continue to be done at the consulate.

Okay, well in that case, yes, it looks like DCF is dead.

Donot agree its dead as of now, bad info to post. The word is not out as of yet. DCF's took alot of burdens off USCIS and its more practical to perform immigrant visa's at embassy's. So it would be wise of them to keep. The only issue with DCF's is background checks, and there is many ways to simplify that. So why dont we wait for the message from USCIS and DOS before we assume and scare people off. My advice to anyone wanting to immigrate their wife/husband, to wait two weeks and lets see what happens.

Is this regarding certain Embassy(s)? I am in the process of getting ready to send my forms to London - is this a bad idea then? I am a USC who is married to an Englishman. I have been married almost one year but have been living here in the UK since 2003. I am also a dual citizen of the US/UK, does that make a difference?

thanks

[briccasart 0]

Is this regarding certain Embassy(s)? I am in the process of getting ready to send my forms to London - is this a bad idea then? I am a USC who is married to an Englishman. I have been married almost one year but have been living here in the UK since 2003. I am also a dual citizen of the US/UK, does that make a difference?

thanks

Not to worry, ambientgirl. You are one of the lucky ones as petitioners within the UK are still allowed to file in London as it's considered a USCIS office. Proceed as normal and follow the instructions on the US Embassy London website.

As for your Affidavit of Support query, you have to make sure that you filed taxes with the IRS regardless of whether you were living in the UK since 2003, especially for year ending 2006. The federal 1040 plus Form 2555 will apply in your case. If you also have savings back in the US that brings you above the poverty level for a household of 2 people, you can show that on the I-864 as well. If this is the case, you might not need a co-sponsor. Don't quote me on the latter. Perhaps someone else here can advise you on that.

Check out Kimberly+Dave's thread about filing with the IRS. It should be on page 1 or 2 in this forum.

You're so lucky, but I'll still wish you luck anyway.

[ambientgirl 0]

Is this regarding certain Embassy(s)? I am in the process of getting ready to send my forms to London - is this a bad idea then? I am a USC who is married to an Englishman. I have been married almost one year but have been living here in the UK since 2003. I am also a dual citizen of the US/UK, does that make a difference?

thanks

Not to worry, ambientgirl. You are one of the lucky ones as petitioners within the UK are still allowed to file in London as it's considered a USCIS office. Proceed as normal and follow the instructions on the US Embassy London website.

As for your Affidavit of Support query, you have to make sure that you filed taxes with the IRS regardless of whether you were living in the UK since 2003, especially for year ending 2006. The federal 1040 plus Form 2555 will apply in your case. If you also have savings back in the US that brings you above the poverty level for a household of 2 people, you can show that on the I-864 as well. If this is the case, you might not need a co-sponsor. Don't quote me on the latter. Perhaps someone else here can advise you on that.

Check out Kimberly+Dave's thread about filing with the IRS. It should be on page 1 or 2 in this forum.

You're so lucky, but I'll still wish you luck anyway.

THANK YOU THANK YOU THANK YOU Sooooo Much for your quick response. You have been wonderful. I didn't want to send out my papers to have them sent back to send to the US for processing.

I'm going to try to find the Kimberly and Daves thread to check out the Tax IRS info.

Hopefully we can do our own affidavit of support but if not, hopefully someone has the info that I need about it???

I wish you luck with your process.

thanks again

[maiki 0]

The only issue with DCF's is background checks, and there is many ways to simplify that ... My advice to anyone wanting to immigrate their wife/husband, to wait two weeks and lets see what happens.

Since consular officers don't have the legal authority to do the Walsh screenings, first, at least one USCIS officer would have to be stationed in every country in order for DCF to be reinstated. Second, whatever database is used (or remote access to it) would have to be set up in each country. I imagine those 2 things are no minor undertaking. Even IF DHS and DoS coordinate and decide that's the way to go, it'll take A LOT longer than 2 weeks. Seems to me the most efficient way to go for USCIS would be to to increase the resources of foreign regional offices to handle all overseas I-130s.

[malka 0]

The only issue with DCF's is background checks, and there is many ways to simplify that ... My advice to anyone wanting to immigrate their wife/husband, to wait two weeks and lets see what happens.

Since consular officers don't have the legal authority to do the Walsh screenings, first, at least one USCIS officer would have to be stationed in every country in order for DCF to be reinstated. Second, whatever database is used (or remote access to it) would have to be set up in each country. I imagine those 2 things are no minor undertaking. Even IF DHS and DoS coordinate and decide that's the way to go, it'll take A LOT longer than 2 weeks. Seems to me the most efficient way to go for USCIS would be to to increase the resources of foreign regional offices to handle all overseas I-130s.

Well... they may set something up that allows consular officers to just email the names of petitioners to USCIS offices. USCIS in Vienna is speculating that that will be the plan, and that it should go pretty quickly. So DCF really may come back. Several embassies and consulates have told VJers that they understand that it will come back, and that they are simply waiting for protocol instructions.

Edited February 23, 2007 by malka

[maiki 0]

Finally got a reply from the Seoul office ...

"At this time I can inform you that we have received the I-130 petitions from Tokyo. It will be at least two weeks before the petitions can be adjudicated, which will be completed in the order in which they were received. We will have more information at that time.

Regards,

Correspondence Officer

DHS/CIS

Seoul, Korea "

As I said in an earlier post, the Bangkok office had replied to me ...

"We are conducting the necessary namechecks on the petitions forwarded to USCIS. They should be done within a few weeks and returned to the U.S. Consulates in Japan."

So I don't know if petitions pending re-approval from Japan are in Bangkok or Seoul, but since Seoul is the sub-office (for Korea and Japan) under jurisdiction of the Bangkok regional office, I suppose it's just a matter of semantics. My guess is that Seoul would be quicker since they only cover 2 countries.