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DCF Filing: Family-based immigrant petitions must now be filed only with USCIS

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Filed: K-1 Visa Country: Singapore
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Family-based immigrant petitions must now be filed only with USCIS

Effective immediately, in accordance with the Adam Walsh Child Protection and Safety Act, overseas consular posts are no longer authorized to accept or adjudicate I-130 petitions.

The recently passed Adam Walsh Act has led to changes in the procedures American citizens resident abroad will follow if they wish to sponsor an immediate relative (spouse, parent or minor child) for an immigrant visa. According to this legislation, all family-based immigrant visa petitions (I-130s) must be screened to ensure the petitioner has not been convicted of specified criminal offences against a minor. By law, consular officers do not have access to this information. Thus, all I-130 petitions for family-based immigrant status must now be filed with the United States Citizenship and Immigration Services (USCIS) office responsible for the petitioner's place of residence (that is, the place of residence of the American citizen who is filing the petition). Responsibility for the acceptance and approval of immigrant visa petitions rests solely with USCIS. Although consular offices at U.S. embassies and consulates are no longer authorized to accept I-130s, they will continue to provide guidance to American citizen petitioners and their family members.

As noted, American citizens should submit their I-130 at the USCIS office responsible for their place of residence.

This procedural change may result in a processing delay for some applicants. The Department of State recognizes and sincerely regrets the inconvenience this may cause.

reference: http://japan.usembassy.gov/e/visa/tvisa-iv-newi130.html

Embassies stop handling immigration applications

By Teri Weaver, Stars and Stripes

Pacific edition, Friday, January 26, 2007

TOKYO — U.S. embassies and consulates no longer can process visa applications for foreign family members, such as spouses, parents, children and siblings, who want to immigrate to America, according to the U.S. Embassy in Tokyo.

Instead, U.S. Citizenship and Immigration Services centers around the world will process the applications — officially called I-130 applications — to comply with a new law that prevents certain sexual offenders from sponsoring immigrants, according to the embassy and the Immigration Services Web site.

The I-130 application is one of the first steps toward immigrating a family member into America, according to the Immigration Services Web site.

The change means an extra layer of red tape in the application process, but will not require any additional travel or in-person appointments for the sponsors. ... [ read more here ]

If you are planning on filing an I-130 using DCF then you should contact your embassy in advance to see if they are following the above guidance as well.

I am an Ewok. I am here to to keep the peace. Please contact me if you have a problem with the site or a complaint regarding a violation of the Terms of Service. For the fastest response please use the 'Contact Us' page to contact me.

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Nice, make it even more complicated to do things correctly and legally.

Why can't the State Department initiate contact with the FBI and search other indices for this negative information?

Ridiculous. Our tax dollars working hard again.

The US Government, always reinventing the wheel, at our expense.

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What if our I 130 is approved already? the interview is for next month....in London?

What does this mean for us?

2006-09-21 I-130 sent to US Embassy London

2006-09-22 NOA1 received file date

2006-11-22 NOA2 approved received

2006-11-30 Packet 3 received

2006-12-04 Packet 3 returned

2006-12-05 Medical Approved

2007-01-06 Packet 4 received

2007-02-26 Interview date - Success

2007-02-28 Visa in hand

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Filed: AOS (apr) Country: Philippines
Timeline
What if our I 130 is approved already? the interview is for next month....in London?

What does this mean for us?

Contact the Embassy.... For most petitioners the I-130's are being recalled for re-adjudication. London happens to have a USCIS sub-office in the embassy so things might be OK for you. Contact them!!

YMMV

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Filed: Citizen (apr) Country: India
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Why can't the State Department initiate contact with the FBI and search other indices for this negative information?

Agreed. Everything could be electronically clarified in a jiffy. :angry:

***Nagaraju & Eileen***
K1 (Fiance Visa)
Oct 18, 2006: NOA1
Feb 8, 2007: NOA2
April 13, 2007: INTERVIEW in Chennai -Approved
May 25, 2007: USA Arrival! EAD at JFK
June 15, 2007: Married
AOS (Adjustment of Status)
June 21, 2007: AOS/EAD Submitted
Sept 18, 2007: AOS Interview - APPROVED!!
ROC (Removing of Conditions)
June 23, 2009: Sent in I-751 packet
Sept 11, 2009: APPROVED!!
Sept 18, 2009: Received 10-year Green Card!

Naturalization
July 15, 2010: Sent N-400 packet
July 23, 2010: NOA Notice date
Oct 15, 2010: Citizenship Interview - Passed!
Nov 15, 2010: Oath Ceremony in Fresno, CA
Nov 24, 2010: Did SSN and Applied for Passport
Dec 6, 2010: Passport Arrives
Dec 7, 2010: Sent for Indian Passport Surrender Certificate
Dec 27, 2010: Surrender Certificate Arrives
Jan 3, 2011: Sent for Overseas Citizenship of India Card
March 1, 2011: Received OCI card!

Divorce

Feb 2015:​ Found out he was cheating (prostitutes / escorts)

​May 2015: Divorce Final

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Filed: AOS (apr) Country: Philippines
Timeline
Why can't the State Department initiate contact with the FBI and search other indices for this negative information?

Agreed. Everything could be electronically clarified in a jiffy. :angry:

I have heard some BS about the database being limited or restricted to Law Enforcement Agencies or something like that and the DOS is not that....

YMMV

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  • 3 months later...

They are accepting petitions I-130 to Embassies/Consulates :thumbs:

"Daca voi nu ma vreti, io va vreau"

DCF Frankfurt Germany

01/12/2007 I-130 filed in person at the Consulate in Frankfurt

01/17/2007 Faxed the checklist to the Immigrant Visa Unit in Frankfurt

03/29/2007 Got letter from USCIS to provide evidence that our marriage is bona fide

04/02/2007 Sent to USCIS lots of evidence

05/03/2007 I have an unofficial "PETITION APPROVED" ...waiting for confirmation from Consulate

05/07/2007 Received email from USCIS ROME confirming that our petition was approved (why Rome? because we complained to the District Office Rome about the Sub-Office Frankfurt..it took too long for our petition to be approved)...now waiting for the interview letter from the Consulate

05/18/2007 E-mail from IV Frankfurt, our interview was scheduled for May 29th

05/19/2007 Packet 4 in the mail: ja ja ja interview letter

05/29/2007 Interview at 7.30 a.m. APPROVED Thank you, God!

06/01/2007 Visa arrived !

06/03/2007 Mayday on the plane POE Cincinnati

Living in Maryland

06/21/2007 Welcome Notice from USCIS

06/29/2007 Applied for SSN at the local Office

07/07/2007 Green Card arrived

07/09/2007 Another 2 Welcome Letters from USCIS...God, they really love me! :D

07/20/2007 Social Security Card arrived

Living@working in Maryland :)

01/18/2009 PCS-ing to Stuttgart Germany

Feb 2009 Received letter from VSC to start removing conditions.

Getting ready the packet for Removing Conditions I-751

03/12/2009 Mailed the I-751 packet to Vermont Service Center

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  • 4 weeks later...

Yes, most of them are accepting I-130's now, but their requirements may have changed.

For example, before Jan. 2007 I would have met all the requirements necessary for DCF filing at the Auckland Consulate in New Zealand. However, since they've started accepting them again they've changed their requirements. Since I'm not a resident here (even though I've been living in the country continuously with my spouse for over a year, have a visa here with one more year left, and have a tenancy agreement, bills, and a bank account in my name), I can't file here. *sighs*

So instead we've had to send the paperwork to the US and file at the Texas Service Center. :angry:

-Tiara

"Let the beauty we love be what we do. There are hundreds of ways to kneel and kiss the ground." - Rumi

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