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Filed: K-3 Visa Country: Norway
Timeline
Posted

So... here is my story.

I live with my fiance in Norway. Orginally, we were going to get married here and file for a I-130 at the American Embassy in Norway. With the passing on the Adam Walsh Act, embassies abroad were no longer able to accept these applications. Well... now they are.

My question is... can we cancle the fiance visa we filed in February?

If so, how do we do this? We would much rather go through the process here since it is supposed to move much faster.

Any advice?

02.08.07-mailed I-129F

02.13.07-I-129F received in TX

02.20.07-NOA1 mailed from Cali

02.27.07- NOA1 received snail mail

04.11.07- married in Norway & withdrew fiance petition

04.12.06- DCF in Norway, mailed I-130 to Embassy

04.13.07-Interview scheduled for 05.02.07!!!!

05.02.07- VISA APPROVED

Posted
So... here is my story.

I live with my fiance in Norway. Orginally, we were going to get married here and file for a I-130 at the American Embassy in Norway. With the passing on the Adam Walsh Act, embassies abroad were no longer able to accept these applications. Well... now they are.

My question is... can we cancle the fiance visa we filed in February?

If so, how do we do this? We would much rather go through the process here since it is supposed to move much faster.

Any advice?

What do you mean? Where did you get this information? I am asking because we planned as well to get marry in my country (Kazakhstan) and after to file for I-130, but US Embassy informed us that they don't do it anymore ...

Filed: K-3 Visa Country: Norway
Timeline
Posted

U.S. DEPARTMENT OF STATE

Office of the Spokesman

For Immediate Release March 21, 2007

2007/

Media Note

CONSULAR OFFICES ABROAD RESUME ACCEPTING

I-130 IMMIGRANT VISA PETITIONS

As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.

Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required “Adam Walsh Act” checks for any petitions accepted abroad by consular officers.

Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.

Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).

02.08.07-mailed I-129F

02.13.07-I-129F received in TX

02.20.07-NOA1 mailed from Cali

02.27.07- NOA1 received snail mail

04.11.07- married in Norway & withdrew fiance petition

04.12.06- DCF in Norway, mailed I-130 to Embassy

04.13.07-Interview scheduled for 05.02.07!!!!

05.02.07- VISA APPROVED

Posted
U.S. DEPARTMENT OF STATE

Office of the Spokesman

For Immediate Release March 21, 2007

2007/

Media Note

CONSULAR OFFICES ABROAD RESUME ACCEPTING

I-130 IMMIGRANT VISA PETITIONS

As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.

Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required “Adam Walsh Act” checks for any petitions accepted abroad by consular officers.

Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.

Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).

WOW... No we will contunie with K-1 visa process... but for you I think the best way is to call to USCIS and explain them everything... I think they will understand

Posted
So... here is my story.

I live with my fiance in Norway. Orginally, we were going to get married here and file for a I-130 at the American Embassy in Norway. With the passing on the Adam Walsh Act, embassies abroad were no longer able to accept these applications. Well... now they are.

My question is... can we cancle the fiance visa we filed in February?

If so, how do we do this? We would much rather go through the process here since it is supposed to move much faster.

Any advice?

Hi, my thoughts here would be that this ( DCF ) will not be as fast as it used to be. There willl be a delay added for that Adam Walsh check. But since you want to get married in Norway this may work for you. But then it may only speed the process for you by a couple months, and of course this rule is so new that it probably has kinks in it that need to be ironed out.

I don't know the process for cancelling the I-129F petition. I guess you need to talk to Customenr Service, and probably fax or send USCIS a letter for cancellation. Its probably better you do this before they approve your case.

But for thiose jumping out of their seats, note the major restrictions:

Must be resident abroad for 6 months.

Must not have a permanent address in the U.S.

Good Luck!

NOA1 - 12/21/15

NOA2 - 04/18/16

NVC Receive - 04/29/16

NVC Welcome - 05/13/16

DS-261 - 05/14/16

AOS, IV PAID - 05/27/16

DS260 done - 06/10/16

Case Transferred to US Embassy in Riga Latvia at the end of October.

If you really want it, you'll find a way!

Filed: Timeline
Posted

soon2bmarried,

Write to the USCIS Service Center that is processing the I-129f petition and tell them that you wish to withdraw the petition because you plan to marry in Norway and apply for a spouse visa instead.

If the I-129f petition gets approved before the Service Center acts on your request, write to the IV Unit of the US consular section where the visa application will be processed and tell them the same thing.

Yodrak

So... here is my story.

I live with my fiance in Norway. Orginally, we were going to get married here and file for a I-130 at the American Embassy in Norway. With the passing on the Adam Walsh Act, embassies abroad were no longer able to accept these applications. Well... now they are.

My question is... can we cancle the fiance visa we filed in February?

If so, how do we do this? We would much rather go through the process here since it is supposed to move much faster.

Any advice?

 
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