DCF is back with new rules 3/21/07

[malka 0]

Hey, this is great! Hooray, hooray!!!

A question:

Does anyone know if the embassies are simply accepting the I-130 petition and then forwarding the whole thing to their local overseas USCIS office, or if they are actually adjudicating the petition themselves and simply forwarding the name of the petitioner to USCIS?

If you read the message, consulates that arenot USCIS offices CANNOT perform background checks. They will send your file to USCIS office that has juridisction over the country you have filed. Example, my wife is from Ukraine, they sent our paper work to Moscow to adjudicate my petition for the Adam Walsh background check, it took 3 weeks, and new appointment was assigned. The DCF is the same except you are now required to have 6 months residency and petitioner background has to be checked. Other than that, filing is the same procedure.

Thanks. Yes, I know that the consulates cannot perform the background checks. What I'm unclear on is whether the embassies will be sending the WHOLE I-130 petition over to USCIS for background check AND adjudication (which is what happened to you and many others since the Great January Kablooey) or if the embassies will now just be sending the name of the petitioner to USCIS for the background check and the embassy itself will be doing the rest of the decision-making/petition reviewing/adjudicating of the I-130. I'm not talking about the visa interview and stuff, just that first I-130 petition step. Basically, I'm curious about the details of this final agreement between USCIS and the State Department!

[LvivLovers 39]

Glad I didn't wait for DCF and just filed stateside since they now have much more rigorous resident requirements. I figured that would be the case if/when it came back.

[Coco&Kitten 42]

Hey, these are great news!! This means we can send our I-130 to US embassy in Madrid and probably they will forward it to USCIS Roma to do the check and so on... am I right?

But when I went to the webpage of the US embassy in Madrid they still say they are not accepting I-130... should I give them a call?

Hey, this is great! Hooray, hooray!!!

A question:

Does anyone know if the embassies are simply accepting the I-130 petition and then forwarding the whole thing to their local overseas USCIS office, or if they are actually adjudicating the petition themselves and simply forwarding the name of the petitioner to USCIS?

If you read the message, consulates that arenot USCIS offices CANNOT perform background checks. They will send your file to USCIS office that has juridisction over the country you have filed. Example, my wife is from Ukraine, they sent our paper work to Moscow to adjudicate my petition for the Adam Walsh background check, it took 3 weeks, and new appointment was assigned. The DCF is the same except you are now required to have 6 months residency and petitioner background has to be checked. Other than that, filing is the same procedure.

[dbzman 0]

This is great news!

It is about time that they developed something for everyone.

I know that they have said that you have to have residency for 6 months but can this be waived?

This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.

Has anyone called the Tokyo embassy and asked?

I plan on calling on Sunday night to ask.

Thanks!

[Fofire 0]

This is great news!

It is about time that they developed something for everyone.

I know that they have said that you have to have residency for 6 months but can this be waived?

This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.

Has anyone called the Tokyo embassy and asked?

I plan on calling on Sunday night to ask.

Thanks!

I think only time can answer that question. Technically the rule was already there before but it was only enforced halfway. I think theyre probably trying to reimplement the rule in order to keep the extra work for the global USCIS's to a minimum . . . my guess is that if this extra background check doesnt become to much of a big deal to the USCIS's then it might become relaxed again.

Fofire

[John and Sonya 0]

This is great news!

It is about time that they developed something for everyone.

I know that they have said that you have to have residency for 6 months but can this be waived?

This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.

Has anyone called the Tokyo embassy and asked?

I plan on calling on Sunday night to ask.

Thanks!

I think only time can answer that question. Technically the rule was already there before but it was only enforced halfway. I think theyre probably trying to reimplement the rule in order to keep the extra work for the global USCIS's to a minimum . . . my guess is that if this extra background check doesnt become to much of a big deal to the USCIS's then it might become relaxed again.

Fofire

If you read there posting, as of now, there is no waivers except what is listed. And I am wondering if Japan really waived anyone, that could be a mess for them. And I read the rules of residency, and it was very vague and allowed each country to have there own requirements. Only a dozen or so countries like Japan and Ukraine, had really no residency requirements, and that is why we immiediately filed DCF after we were married.

But it was obvious with the long wait till they posted the message, that they were trying to see a method to keep the burden off of USCIS. Embassy's can do all the work except the background checks. I am not sure if all the paper work has to be sent to nearest USCIS or just a name sent, regardless, it only took 3 weeks for us from the day Sonya showed upto her interview on the 2/23 till we got a new interview date set for 3/8. In my mind, thats very quick, compared to the poor people who have to file in the US. Now I am sure it matters with how efficient an embassy is, but if you look at all the postings, almost everyone is starting to get a March and April re-interview. So that means 1 1/2 to 2 month additional time that I am sure is now going to be more efficient now policy is written.

So if you are a USC that lives overseas for > 6months, consider yourself very lucky, the whole process, if everything you turn in is correct, should still be <4 months. Others that are not filing DCF is 6-12 months in the US.

[hmm 0]

This is great news!

It is about time that they developed something for everyone.

I know that they have said that you have to have residency for 6 months but can this be waived?

This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.

Has anyone called the Tokyo embassy and asked?

I plan on calling on Sunday night to ask.

Thanks!

I think only time can answer that question. Technically the rule was already there before but it was only enforced halfway. I think theyre probably trying to reimplement the rule in order to keep the extra work for the global USCIS's to a minimum . . . my guess is that if this extra background check doesnt become to much of a big deal to the USCIS's then it might become relaxed again.

Fofire

If you read there posting, as of now, there is no waivers except what is listed. And I am wondering if Japan really waived anyone, that could be a mess for them. And I read the rules of residency, and it was very vague and allowed each country to have there own requirements. Only a dozen or so countries like Japan and Ukraine, had really no residency requirements, and that is why we immiediately filed DCF after we were married.

But it was obvious with the long wait till they posted the message, that they were trying to see a method to keep the burden off of USCIS. Embassy's can do all the work except the background checks. I am not sure if all the paper work has to be sent to nearest USCIS or just a name sent, regardless, it only took 3 weeks for us from the day Sonya showed upto her interview on the 2/23 till we got a new interview date set for 3/8. In my mind, thats very quick, compared to the poor people who have to file in the US. Now I am sure it matters with how efficient an embassy is, but if you look at all the postings, almost everyone is starting to get a March and April re-interview. So that means 1 1/2 to 2 month additional time that I am sure is now going to be more efficient now policy is written.

So if you are a USC that lives overseas for > 6months, consider yourself very lucky, the whole process, if everything you turn in is correct, should still be <4 months. Others that are not filing DCF is 6-12 months in the US.

DCF in paris takes me 2 months

[Emerald 0]

I will email the Sydney consulate today to see what they say. THis is great news for hubby and me (finally)!!!!!! He's been here almost 6yrs so it's a relief we can still file.

I wish it was just as easy for the others though.....

[iluvmymac 0]

This is great news!

It is about time that they developed something for everyone.

I know that they have said that you have to have residency for 6 months but can this be waived?

This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.

Has anyone called the Tokyo embassy and asked?

I plan on calling on Sunday night to ask.

Thanks!

No, it appears that they will adhere strictly to these new procedures. Tokyo embassy's I-130 checklist on their website now includes the requirement that you must bring proof of your Japan residency to the I-130 interview.

[Chica Yeyé 41]

OK, so now what happens to all who filed BEFORE AW Act? Can we proceed? MTL to this day has not replied to my emails..... Clues for this clueless one, please!

[John and Sonya 0]

OK, so now what happens to all who filed BEFORE AW Act? Can we proceed? MTL to this day has not replied to my emails..... Clues for this clueless one, please!

First step from being clueless is to read their websites. They post information that probably will answer alot of your questions. US Embassy and USCIS and DHS.

USCIS STATES: ( http://www.uscis.gov/files/pressrelease/I1...pdate022707.pdf )

USCIS Advises Petitioners Overseas - Do Not Re-File I-130

Processing Continues on Petitions for Alien Relative

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) advises anyone who filed a Petition for Alien Relative, (Form I-130) with an American embassy or consulate since July 2006 that they do not need to re-file the petition. USCIS is working with the Department of State to process those petitions.

The Department of State announced in January 2007 that certain requirements of the Adam Walsh Child Protection and Safety Act (enacted in July 2006) precluded them from accepting new petitions.

U.S. citizens who live abroad may continue to file new petitions with a nearby USCIS international office. A list of offices and the countries they service is on the USCIS web site: http://www.uscis.gov.

USCIS expects to issue instructions for new filings in the near future and will provide updated information once the details have been finalized with the Department of State.

Petitioners traveling overseas who actually live in the United States must file their I-130 petitions with the appropriate USCIS service center in the United States, according to the instructions on the form, http://www.uscis.gov/files/form/I-130.pdf.

– USCIS –

US EMBASSY"S STATE: That there will be delays in processing those who filed between 7/06 and 2/07.

VISAJOURNEY members through NUMEROUS posting will show that many are starting to get their interviews rescheduled.

So need to be more patient, and if not, then you need to send an e-mail to the embassy you filed with the status of, including your case#, and if no replies, you can call DHS, they can look up your case number that you filed with at the embassy. But all they will tell you is to be patient and still processing.

Edited March 23, 2007 by John and Sonya

[dbzman 0]

This is great news!

It is about time that they developed something for everyone.

I know that they have said that you have to have residency for 6 months but can this be waived?

This was a requirement before the Adam Wash law but the Tokyo embassy let couples file anyway.

Has anyone called the Tokyo embassy and asked?

I plan on calling on Sunday night to ask.

Thanks!

No, it appears that they will adhere strictly to these new procedures. Tokyo embassy's I-130 checklist on their website now includes the requirement that you must bring proof of your Japan residency to the I-130 interview.

I have read the US site that lists the new DCF process and they mention certain exemption conditions.

"as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest."

Does nayone know how liberal they are/will be on this? THe US site only gives examples.

Thanks!

[meauxna 15]

Does nayone know how liberal they are/will be on this?

Look, hopefully this is going to go back to a Consulate-level decision. In which case, you will not find any information online.

One of you is going to have to cowboy up and go to the Embassy in Tokyo in person (maybe with your I-130 in tow?) and see what you can fine out.

Otherwise, go by what you find online. All of those exceptions would have to be requested in person, and it will always be a requirement that the USC by at minimum physically present in the country where they want to file.

[Henia 11]

Hello

Thanx soooooooooo much for posting that. Waw just a lifesaver....

[zyggy 9]

Does nayone know how liberal they are/will be on this?

Look, hopefully this is going to go back to a Consulate-level decision. In which case, you will not find any information online.

One of you is going to have to cowboy up and go to the Embassy in Tokyo in person (maybe with your I-130 in tow?) and see what you can fine out.

Otherwise, go by what you find online. All of those exceptions would have to be requested in person, and it will always be a requirement that the USC by at minimum physically present in the country where they want to file.

I'm not so sure that is going to happen Mo... USCIS offices overseas have limited respurces and making background checks for USC's living in the US is something I don't think they're going to want to go out of their way to do... I doubt they are going to want to waste their resources on making checks on those that should have had them done in the US where they have greater resources...

I think this requirement is going to be firm... people are only going to be allowed to file I-130's overseas if they have demonstrated 6 months of residency outside of the US...

Edited March 26, 2007 by zyggy