Filing I-130 in USCIS and sub offices

[lagloria 0]

Hello,

I will let you know my situation first. I am an American Citizen married to an Argentine for 6 years. I have residence in Argentina for about a year. I was planning on filing the I-130 when the Jan. 23rd news came through. I have been waiting to see if the DCF would come back but then after seening the new USCIS memo about Americans living abroad can file at the nearest USCIS office I called the Sub Office in Lima, Peru. Here is what happened.

The person who answered the phone knew about the problem with the Adam Walsh Act but told me I had to file in the US. I told here about the new memo from the USCIS, which she ha no idea about. I asked her to talk to someone above her. She went to talk to her boss and he said that I could file at the Sub-0ffice in Lima Peru, but that I had to do it in person with my wife. Also I had to show that I was resident of Argentina, which I can.

That's about it. My advice to everbody when dealing with the USCIS is ask to talk to someone with power or who makes decisiones. I got residence in Spain and it was the same. The lower level didn't have much information but when I talked to some in charge I was alright. Again it happened to me here in Cordoba Argentina when i went to get residence. Since you can't get an Apostille on FBI Crimanl Records they did not want to accept the paper. I called Argentina Immgiration in Buenos Aires who has more experience dealing with Americans and they said that I could and they called Immigration here in Cordoba. What I mean to say is don't give up. Ask to talk to people in charge.

So just to recap:

I live in Arentinga with residence of about year. I can file at the USCIS Sub-office in Lima, Peru but I have to do it in person

with my wife. Also I have to show proof the I have residence here in Argentina. Futhermore they said the the I-130 will be accepted there in Lima and sent to BA in 2-3 days where we take up the process as normal.

Hope this helps clear some things up. Take care!!

Steven

[Fofire 0]

Hello,

I will let you know my situation first. I am an American Citizen married to an Argentine for 6 years. I have residence in Argentina for about a year. I was planning on filing the I-130 when the Jan. 23rd news came through. I have been waiting to see if the DCF would come back but then after seening the new USCIS memo about Americans living abroad can file at the nearest USCIS office I called the Sub Office in Lima, Peru. Here is what happened.

The person who answered the phone knew about the problem with the Adam Walsh Act but told me I had to file in the US. I told here about the new memo from the USCIS, which she ha no idea about. I asked her to talk to someone above her. She went to talk to her boss and he said that I could file at the Sub-0ffice in Lima Peru, but that I had to do it in person with my wife. Also I had to show that I was resident of Argentina, which I can.

That's about it. My advice to everbody when dealing with the USCIS is ask to talk to someone with power or who makes decisiones. I got residence in Spain and it was the same. The lower level didn't have much information but when I talked to some in charge I was alright. Again it happened to me here in Cordoba Argentina when i went to get residence. Since you can't get an Apostille on FBI Crimanl Records they did not want to accept the paper. I called Argentina Immgiration in Buenos Aires who has more experience dealing with Americans and they said that I could and they called Immigration here in Cordoba. What I mean to say is don't give up. Ask to talk to people in charge.

So just to recap:

I live in Arentinga with residence of about year. I can file at the USCIS Sub-office in Lima, Peru but I have to do it in person

with my wife. Also I have to show proof the I have residence here in Argentina. Futhermore they said the the I-130 will be accepted there in Lima and sent to BA in 2-3 days where we take up the process as normal.

Hope this helps clear some things up. Take care!!

Steven

Please let us know when you do show up in Lima. I have found out that its one thing as to what they say on the phone and its another thing when it comes to the real action. Somebody else asked the same question in Vienna and they said that they are waiting on DC to write back. My exp with American bureaucracy (I know because I currently work in it) is that there is no one at a substation like that that would have high enough authority to truly authorize that.

Im not saying they didnt say it Im just saying that they might just be saying it to get you off the phone.

Fofire

[Fofire 0]

Hello,

I will let you know my situation first. I am an American Citizen married to an Argentine for 6 years. I have residence in Argentina for about a year. I was planning on filing the I-130 when the Jan. 23rd news came through. I have been waiting to see if the DCF would come back but then after seening the new USCIS memo about Americans living abroad can file at the nearest USCIS office I called the Sub Office in Lima, Peru. Here is what happened.

The person who answered the phone knew about the problem with the Adam Walsh Act but told me I had to file in the US. I told here about the new memo from the USCIS, which she ha no idea about. I asked her to talk to someone above her. She went to talk to her boss and he said that I could file at the Sub-0ffice in Lima Peru, but that I had to do it in person with my wife. Also I had to show that I was resident of Argentina, which I can.

That's about it. My advice to everbody when dealing with the USCIS is ask to talk to someone with power or who makes decisiones. I got residence in Spain and it was the same. The lower level didn't have much information but when I talked to some in charge I was alright. Again it happened to me here in Cordoba Argentina when i went to get residence. Since you can't get an Apostille on FBI Crimanl Records they did not want to accept the paper. I called Argentina Immgiration in Buenos Aires who has more experience dealing with Americans and they said that I could and they called Immigration here in Cordoba. What I mean to say is don't give up. Ask to talk to people in charge.

So just to recap:

I live in Arentinga with residence of about year. I can file at the USCIS Sub-office in Lima, Peru but I have to do it in person

with my wife. Also I have to show proof the I have residence here in Argentina. Futhermore they said the the I-130 will be accepted there in Lima and sent to BA in 2-3 days where we take up the process as normal.

Hope this helps clear some things up. Take care!!

Steven

Please let us know when you do show up in Lima. I have found out that its one thing as to what they say on the phone and its another thing when it comes to the real action. Somebody else asked the same question in Vienna and they said that they are waiting on DC to write back. My exp with American bureaucracy (I know because I currently work in it) is that there is no one at a substation like that that would have high enough authority to truly authorize that.

Im not saying they didnt say it Im just saying that they might just be saying it to get you off the phone.

Fofire

Oh yeah I forgot to point out that the memo stating please continue to file at your "nearby" USCIS office was published 02/27 . I just cant see the gvmnt working fast enough to clarify what they mean by "nearby" and being able to dessiminate this info out to the consulate. Hell it took them 1 month to publish this memo saying we're sorry and we are working on the problem.

[lagloria 0]

Hello

I'm with ya. You never know until you are there but I had to make an appointment so so far so good. They know my siutation and I talked with the visa department. Of course, I'm never relaxed until they actually accept the paper. I'll let everyone know how it goes.

As far as th 2/27 memo itis more specific than the Jan.23rd one. This one says Americans living abroad can continue to file with the nearest international office, and says those who live in the US should file in the US. Can't get more specific than that but again you never know.

Take care

Steven

[malka 0]

Hello

I'm with ya. You never know until you are there but I had to make an appointment so so far so good. They know my siutation and I talked with the visa department. Of course, I'm never relaxed until they actually accept the paper. I'll let everyone know how it goes.

As far as th 2/27 memo itis more specific than the Jan.23rd one. This one says Americans living abroad can continue to file with the nearest international office, and says those who live in the US should file in the US. Can't get more specific than that but again you never know.

Take care

Steven

Steven, that's awesome - I hope you get things done quickly and painlessly! For other VJers, though, I sould point out that in the world of USCIS, you can, apparently, get more specific. The memo actually says USCs "may continue to file new petitions with a nearby USCIS international office," and according to USCIS in Vienna, this is unhelpful; nearest vs. nearby make a difference to some of us - for instance, Athens is technically closer to me, but Vienna has jurisdiction over Bulgaria. Vienna doesn't feel sure about what I should do. When I talked to them last week they said that they can still only take petitions from Austrian residents until they get a clear directive that they should take them from everyone in their jurisdiction. If they do get that directive, they think it's a bit much to ask that we travel all the way to their office and want to know if they can start to accept petitions by mail. In their words, "stay tuned!"

[Fofire 0]

Hello

I'm with ya. You never know until you are there but I had to make an appointment so so far so good. They know my siutation and I talked with the visa department. Of course, I'm never relaxed until they actually accept the paper. I'll let everyone know how it goes.

As far as th 2/27 memo itis more specific than the Jan.23rd one. This one says Americans living abroad can continue to file with the nearest international office, and says those who live in the US should file in the US. Can't get more specific than that but again you never know.

Take care

Steven

Steven, that's awesome - I hope you get things done quickly and painlessly! For other VJers, though, I sould point out that in the world of USCIS, you can, apparently, get more specific. The memo actually says USCs "may continue to file new petitions with a nearby USCIS international office," and according to USCIS in Vienna, this is unhelpful; nearest vs. nearby make a difference to some of us - for instance, Athens is technically closer to me, but Vienna has jurisdiction over Bulgaria. Vienna doesn't feel sure about what I should do. When I talked to them last week they said that they can still only take petitions from Austrian residents until they get a clear directive that they should take them from everyone in their jurisdiction. If they do get that directive, they think it's a bit much to ask that we travel all the way to their office and want to know if they can start to accept petitions by mail. In their words, "stay tuned!"

Yeah I called Vienna this morning and she still said cant do anything . . . . On the upside of things she seems highly optimistic that it will return just delayed as mentioned in other threads.Also she siad that its usual for the State Department and the USCIS to take this long and it could be a while before things get back to the way they were. She didnt say it explicitly but I took this to mean between 1-3 months before it goes back to normal. then again I am the pessimist.

She did say however that their boss is currently in Rome for a meeting of the Subdistricts and that she's hoping/guessing/expecting that when he returns next week there will be some clarification as to meaning of nearby as well as to how they should handle things in meantime while we all wait for USCIS and the State Dept. to finish their negotiations.

Fofire

[lagloria 0]

I have been in contact throughout this problem with filing with the Immigration Chief in Buenos Aires. After calling Lima, Peru about filing the I-130 there, I wrote to the Immigration Chief in BA to see if she thought what I told here sounded right. I also here a few more questions. I have pasted the e-mail here:

------------------------------------------------------------------------------------------------------------------------------------------------

Hello Kathleen,

Sorry to bother you again but I just wanted to ask you a couple questions. There was a new memo put on the USCIS website that says Americans living abroad should file the I-130 at the nearest USCIS office, which for me is the sub-office in Lima, Peru. I called them today and the person who answered the phone had no idea but she talked to here boss and he said the I could file the I-130 but I had to do it in person with my wife and I have to show proof of my residence here in Argentina. I have the permanent residence paper the I got on April 21st 2006, which should be sufficent. Also they said that if it was approved that it would happen there and then be sent to BA witin 2-3 days where I would take up the process as normal. I just have a few questions if you wouldn't minded answering.

1. Does what I just told you sound correct to you? Yes.

2. Is it possible that I turn in the I-130, show my proof of residence, my marriage certificate of 6 years in the Consulate in BA and you guys send it to Lima Peru to have my record checked? It's not the easiest thing to go Peru. You can’t—you must file in person in Lima. The interview has to be done in person for person’s living overseas.

3. Is there any new information on filing the I-130 in BA? That's to say, should I hold out a little longer? Not that I am aware of, but the final decision on all of this has yet to hit us. This is how filing needs to be done at this time.

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That's it. I guess to me nearest meant the USCIS office that has jurisdiction over your country. For me it was easy enough that Lima was the closes andat the same time has jurisdiction over Agrentina. Anyways good luck to the rest. See ya.

Steven

[Fofire 0]

I have been in contact throughout this problem with filing with the Immigration Chief in Buenos Aires. After calling Lima, Peru about filing the I-130 there, I wrote to the Immigration Chief in BA to see if she thought what I told here sounded right. I also here a few more questions. I have pasted the e-mail here:

------------------------------------------------------------------------------------------------------------------------------------------------

Hello Kathleen,

Sorry to bother you again but I just wanted to ask you a couple questions. There was a new memo put on the USCIS website that says Americans living abroad should file the I-130 at the nearest USCIS office, which for me is the sub-office in Lima, Peru. I called them today and the person who answered the phone had no idea but she talked to here boss and he said the I could file the I-130 but I had to do it in person with my wife and I have to show proof of my residence here in Argentina. I have the permanent residence paper the I got on April 21st 2006, which should be sufficent. Also they said that if it was approved that it would happen there and then be sent to BA witin 2-3 days where I would take up the process as normal. I just have a few questions if you wouldn't minded answering.

1. Does what I just told you sound correct to you? Yes.

2. Is it possible that I turn in the I-130, show my proof of residence, my marriage certificate of 6 years in the Consulate in BA and you guys send it to Lima Peru to have my record checked? It's not the easiest thing to go Peru. You can’t—you must file in person in Lima. The interview has to be done in person for person’s living overseas.

3. Is there any new information on filing the I-130 in BA? That's to say, should I hold out a little longer? Not that I am aware of, but the final decision on all of this has yet to hit us. This is how filing needs to be done at this time.

------------------------------------------------------------------------------------------------------------------------------------------------

That's it. I guess to me nearest meant the USCIS office that has jurisdiction over your country. For me it was easy enough that Lima was the closes and at the same time has jurisdiction over Agrentina. Anyways good luck to the rest. See ya.

Steven

Hmmmm interesting my only guess is either Lima was one of those services centers that accepts outside petitions or as I said before the boss at USCIS Vienna is at a meeting in Rome and they're gonna get that clarification while theyre there.

[lagloria 0]

Before all this problem with filing the I-130 in the consulates, only people with residence in Peru were able to file through the USCIS Sub-Office in Lima, Peru. I remember a long time ago when I was living in Spain I went to to the embassy and asked them why in Spain an American did not have to be a resident of that country but could apply for Spouse Immigration but in Argentina they had to be a resident to do it. They told me it just depends on who is in charge of the embassys, that it could change anytime. What I mean to say is that with respect to going to Peru it must have been a decision with in the region. They are following the new rules that the petitioner has to have thier record checked through the USCIS and then that paper is sent to Buenos Aires to continue the process as normal.

Really I don't know. I am hoping that the DCF comes back soon. I don't have a problem going to peru but I would rather just take a bus to Buenos Aires.

See ya later,

Steven

[ssgrip 0]

Hello,

I live in Costa Rica (I have dual citizenship: Costa Rica / USA). I filed with the VSC ONE WEEK before the USCIS said we could resume sending I 130s to the consulate. I have NOA1 with VSC. I suppose I should just leave it at that, but my questions are:

-if it would help any to send a copy of my application also to the US embassy here. Would they do anything with it? Or would that just complicate things too much?

-In essence, is it any faster to file at consulates/USCIS sub offices overseas, than filing at a US service center?

Thanks.

[meauxna 15]

The I-130 timelines for VSC are *so* long that you should seriously consider filing in San Jose. It is *always* faster to file in a shorter line (USCs resident in Costa Rica) than a longer line (half the US-resident I-130 filers). And, you don't have the NVC process (3 months) when filing from overseas.

[ssgrip 0]

The I-130 timelines for VSC are *so* long that you should seriously consider filing in San Jose. It is *always* faster to file in a shorter line (USCs resident in Costa Rica) than a longer line (half the US-resident I-130 filers). And, you don't have the NVC process (3 months) when filing from overseas.

Thanks. But do you think that throughout the process of withdrawing my I130 from Vermont (seeing as VSC is slow anyways) and sending it all over again to DCF would take just as long?

[meauxna 15]

The I-130 timelines for VSC are *so* long that you should seriously consider filing in San Jose. It is *always* faster to file in a shorter line (USCs resident in Costa Rica) than a longer line (half the US-resident I-130 filers). And, you don't have the NVC process (3 months) when filing from overseas.

Thanks. But do you think that throughout the process of withdrawing my I130 from Vermont (seeing as VSC is slow anyways) and sending it all over again to DCF would take just as long?

No, *I* don't think so, but you should definitely satisfy yourself with research. There is no formal 'withdrawal' procedure--you write a letter and send it by trackable service.

You could definitely contact San Jose and ask them how long they estimate for current cases, but bear in mind that they may not have had any since the AW change. Factor in the NVC time and what your real plans for moving to the US are. The stress may not be worth it if you are not in a time crunch.