New instructions from the Embassy

[Mephibosheth 0]

I received the following instructions from the embassy in Copenhagen today (March 6th)

PETITIONERS WHO LIVE IN DENMARK

Until further notice, USCIS offices overseas will accept I-130 petitions from U.S. citizens who reside in countries within their jurisdiction. Denmark falls within the jurisdiction of the USCIS office in London. USCIS London will accept I-130 petitions from U.S. citizens who reside permanently in Denmark and wish to file I-130 petitions on behalf of spouses/children/parents.

Filing instructions can be found at http://www.usembassy.org.uk/dhs/uscis/i130filing.html

Please use the checklist(s) and make sure to follow the payment instructions.

PROCESSING TIME (FOR PETITIONS FILED WITH USCIS LONDON)

The processing time for I-130 petitions filed directly at the USCIS London office is currently 3 months, depending on workload the processing time may increase. You can check the progress of your petition on

http://www.usembassy.org.uk/dhs/uscis/i130filing.html

So... to get permanent residency in Denmark you have to have lived there for 7 years !

We're hoping to move to Germany soon and go from there.

[payxibka 10,045]

So... to get permanent residency in Denmark you have to have lived there for 7 years !

We're hoping to move to Germany soon and go from there.

The permanent residency stipulation has always been a requirement for filing an I-130 overseas. Some consulates have chosen to "waive" this requirement and is totally at the discretion of the Consulate General. Be very careful making a significant life decision based on current practice as this can change at any time.... At least be wary of the inherent risk.

Edited March 6, 2007 by fwaguy

[gwenneh 7]

Interesting. So who - and where - is in the jurisdiction of London?

Technically we could file directly at London, since hubby is a UK citizen. However, we're living in Ireland at the moment - so I'm interested to see if we should just file there anyway.

[Fofire 0]

Interesting. So who - and where - is in the jurisdiction of London?

Technically we could file directly at London, since hubby is a UK citizen. However, we're living in Ireland at the moment - so I'm interested to see if we should just file there anyway.

Here's the weblink to USCIS London

https://egov.immigration.gov/crisgwi/go?act...r.statecode=arm

Ireland is clearly under London's Jurisditiction.

It doesnt really matter what your husband's citizenship is it matters if you can prove residency for yourself in the their Jurisdction and if they really care about the residency thing at all.

[zyggy 9]

I received the following instructions from the embassy in Copenhagen today (March 6th)

PETITIONERS WHO LIVE IN DENMARK

Until further notice, USCIS offices overseas will accept I-130 petitions from U.S. citizens who reside in countries within their jurisdiction. Denmark falls within the jurisdiction of the USCIS office in London. USCIS London will accept I-130 petitions from U.S. citizens who reside permanently in Denmark and wish to file I-130 petitions on behalf of spouses/children/parents.

Filing instructions can be found at http://www.usembassy.org.uk/dhs/uscis/i130filing.html

Please use the checklist(s) and make sure to follow the payment instructions.

PROCESSING TIME (FOR PETITIONS FILED WITH USCIS LONDON)

The processing time for I-130 petitions filed directly at the USCIS London office is currently 3 months, depending on workload the processing time may increase. You can check the progress of your petition on

http://www.usembassy.org.uk/dhs/uscis/i130filing.html

So... to get permanent residency in Denmark you have to have lived there for 7 years !

We're hoping to move to Germany soon and go from there.

It does not say anything about having permanent residency status in Denmark.. it states that you reside there permanently.. meaning that your residence is in Denmark and not in the US... a resident permit or visa that allows you to reside in Denmark should be sufficient...

[Fofire 0]

I received the following instructions from the embassy in Copenhagen today (March 6th)

PETITIONERS WHO LIVE IN DENMARK

Until further notice, USCIS offices overseas will accept I-130 petitions from U.S. citizens who reside in countries within their jurisdiction. Denmark falls within the jurisdiction of the USCIS office in London. USCIS London will accept I-130 petitions from U.S. citizens who reside permanently in Denmark and wish to file I-130 petitions on behalf of spouses/children/parents.

Filing instructions can be found at http://www.usembassy.org.uk/dhs/uscis/i130filing.html

Please use the checklist(s) and make sure to follow the payment instructions.

PROCESSING TIME (FOR PETITIONS FILED WITH USCIS LONDON)

The processing time for I-130 petitions filed directly at the USCIS London office is currently 3 months, depending on workload the processing time may increase. You can check the progress of your petition on

http://www.usembassy.org.uk/dhs/uscis/i130filing.html

So... to get permanent residency in Denmark you have to have lived there for 7 years !

We're hoping to move to Germany soon and go from there.

It does not say anything about having permanent residency status in Denmark.. it states that you reside there permanently.. meaning that your residence is in Denmark and not in the US... a resident permit or visa that allows you to reside in Denmark should be sufficient...

I dont know the details details of the law but I would tend to agree with Ziggy. just out of experience it would just seem to be a bit too much for them to ask for permanent residency.

[gwenneh 7]

Interesting. I note that while the site does say that London will process the petitions of those living in the jurisdiction, it does not make clear what kind of proof is necessary to prove the fact that I have permanent residence in Ireland. It gives quite clear instructions for the UK, but for other countries, not so much.

[Fofire 0]

Interesting. I note that while the site does say that London will process the petitions of those living in the jurisdiction, it does not make clear what kind of proof is necessary to prove the fact that I have permanent residence in Ireland. It gives quite clear instructions for the UK, but for other countries, not so much.

I think it really depends on how much of a pain in the ### they wanna be. Personally I have had no problems. . . . All I did was show my visa.

that should be enough. My understandning from reading other posts is that it all comes down to the embassy. Some are strict pain in the asses and some dont care to much if you are just here for 2 weeks (although you are technically suppsed to be a permanent resident).

Fofire

[The Robinsons 0]

I would agree that it is down to the embassy. Even though we filed while DCF was still alive the embassy in Copenhagen allowed us to file even though my husband (US citizen) was here in Denmark illegally. All they cared about was that he was there to file in person. They even looked at his passport, asked if he knew he was here illegally and then said it wasn't their job to do anything about that. Then they approved our I-130 petition.

[gwenneh 7]

I received a response in my e-mail from the Embassy today stating that all I need to do is show them the passport stamp that authorises me to live here and they'd accept my petition at London.

So YAY!!

[Yodrak 7]

Fofire,

Not any more. Now it comes down to the USCIS office that has jurisdiction.

In the country where the USCIS office is located, and especially in cases like London where the USCIS office is physically located in the consular section of the embassy, it would not be surprising for the consular staff to know what the USCIS staff's position is for that country. But the authoritative answers will still come from the USCIS personnel.

Yodrak

..... My understandning from reading other posts is that it all comes down to the embassy. ....

Fofire

[briccasart 0]

I'm a USC who is a resident of Ireland. US Embassy Dublin finally updated their website today with instructions to file with USCIS London. London only accepts I-130 petitions by mail. From what I can gather, London will send the approved petition directly back to the filer and not to the local embassy as USCIS London asked that petitioners send a self-addressed envelope so they can mail things back. I'm assuming further instructions to contact the local embassy for the next step will be included once the initial I-130 is approved and mailed back.

I sent in my I-130 packet today following strictly the checklist provided by USCIS London. I went for the paying with a credit card option. I hopefully see a charge for $190.00 when I check my credit card account online by the end of next week. Hopefully sooner.

Perhaps this is how things will remain for now. Certainly, a major requirement now when filing with USCIS London is that the petitioner must show some sort of residency in the foreign country. It's not the easiest, but at least USCs abroad won't have to go the NVC way.

Good luck to us all.