DCF for Ukrainian wife in Cyprus.

[millefleur 5,047]

6 hours ago, Jjackson123 said:

Thank you for this excellent information. So we will be able to just fly back to Cyprus from the states when the visa is ready and finnish up the CR1 visa correct?  

You could do that or you could have her adjust status from the U4U humanitarian parole, whichever one goes faster. The benefit of U4U is you can be together in the US for at least 1 year. 

 

Given how complicated your DCF has become (I've never see this "Adam Walsh namecheck" and things being sent to USCIS or the NVC, those steps are usually skipped during DCF), you might need to get a lawyer either way. It sounds like the Embassy in Cyprus can't do anything until USCIS/NVC corrects that error.

 

Did you try filing the Writ of Mandamus regarding that matter as @powerpuff mentioned?

 

 

[Boiler 45,733]

U$U is good for 2 years, which begs the question if they have announced what happens next, nothing to my knowledge. Now here the person can file to adjust which seems simpler.

[millefleur 5,047]

Benefit of the DCF CR-1 is that it would be faster in theory, but that already hasn't been the case here.

[Jjackson123 20]

36 minutes ago, millefleur said:

You could do that or you could have her adjust status from the U4U humanitarian parole, whichever one goes faster. The benefit of U4U is you can be together in the US for at least 1 year. 

 

Given how complicated your DCF has become (I've never see this "Adam Walsh namecheck" and things being sent to USCIS or the NVC, those steps are usually skipped during DCF), you might need to get a lawyer either way. It sounds like the Embassy in Cyprus can't do anything until USCIS/NVC corrects that error.

 

Did you try filing the Writ of Mandamus regarding that matter as @powerpuff mentioned?

 

 

I just wrote the the Inspector General's office. I am guessing someone with the same name as me has a crime related to Adam Walsh namecheck. It should still not take 15+ months to clear my name. I am pass my FBI background within 10 minutes at least once per year stateside. I wonder when the I-130 is accepted if we just fly back to Cyprus to complete the process? I do have a lawyer ready if things are not approved in the next month.   

[Jjackson123 20]

36 minutes ago, Boiler said:

U$U is good for 2 years, which begs the question if they have announced what happens next, nothing to my knowledge. Now here the person can file to adjust which seems simpler.

We are married so we do have a path for her to stay in the states. Everyone else on the program will gave an issue unless congress acts. 

[Jjackson123 20]

1 minute ago, millefleur said:

Benefit of the DCF CR-1 is that it would be faster in theory, but that already hasn't been the case here.

But will they let me finish the DCF while we are stateside? I have no clue really. I guess I can email the embassy. 

[millefleur 5,047]

Just now, Jjackson123 said:

I wonder when the I-130 is accepted if we just fly back to Cyprus to complete the process? I do have a lawyer ready if things are not approved in the next month.   

If it is approved tomorrow, let's say, then there are still other steps on your side that have to be done. Have you completed the Affidavit of Support and gathered all the other docs you need?

 

Just now, Jjackson123 said:

But will they let me finish the DCF while we are stateside? I have no clue really. I guess I can email the embassy. 

They don't care about where the petitioner is after the I-130 has been filed with the embassy. So you're fine. The thing is, once the I-130 is approved by the Embassy, they want your wife to be in the country so she can do her medical and then attend the interview, and then pick up her passport. 

[Jjackson123 20]

Just now, millefleur said:

If it is approved tomorrow, let's say, then there are still other steps on your side that have to be done. Have you completed the Affidavit of Support and gathered all the other docs you need?

 

They don't care about where the petitioner is after the I-130 has been filed with the embassy. So you're fine. The thing is, once the I-130 is approved by the Embassy, they want your wife to be in the country so she can do her medical and then attend the interview, and then pick up her passport. 

They let me send them in and we completed a DS-260. The visa status checker says the case is ready lol. I don't even think they were supposed to take those documents in but they did via email. They don't have a workload so it would not take long for the rest of the process. 

[Jjackson123 20]

6 minutes ago, millefleur said:

If it is approved tomorrow, let's say, then there are still other steps on your side that have to be done. Have you completed the Affidavit of Support and gathered all the other docs you need?

 

They don't care about where the petitioner is after the I-130 has been filed with the embassy. So you're fine. The thing is, once the I-130 is approved by the Embassy, they want your wife to be in the country so she can do her medical and then attend the interview, and then pick up her passport. 

The Embassy did say she could go back to Ukraine while waiting. We will have to get a police report from Ukraine which is easy and Cyprus. 

 

 

[millefleur 5,047]

Just now, Jjackson123 said:

They let me send them in and we completed a DS-260. The visa status checker says the case is ready lol. I don't even think they were supposed to take those documents in but they did via email. They don't have a workload so it would not take long for the rest of the process. 

 

Yeah, DS-260 is not supposed to be filled out until after the I-130 is approved. Very weird. This Embassy sounds extremely bumbling. 

 

So, the Embassy messes up, allows her to fill out the DS-260 before getting approved, then they turn around and say they can't approve the I-130 because of the AWA namecheck thing, now they tell you it's up to USCIS/NVC. 

 

And you have heard nothing back from USCIS/NVC on this matter?

[Jjackson123 20]

2 minutes ago, millefleur said:

 

Yeah, DS-260 is not supposed to be filled out until after the I-130 is approved. Very weird. This Embassy sounds extremely bumbling. 

 

So, the Embassy messes up, allows her to fill out the DS-260 before getting approved, then they turn around and say they can't approve the I-130 because of the AWA namecheck thing, now they tell you it's up to USCIS/NVC. 

 

And you have heard nothing back from USCIS/NVC on this matter?

 

4 minutes ago, millefleur said:

 

Yeah, DS-260 is not supposed to be filled out until after the I-130 is approved. Very weird. This Embassy sounds extremely bumbling. 

 

So, the Embassy messes up, allows her to fill out the DS-260 before getting approved, then they turn around and say they can't approve the I-130 because of the AWA namecheck thing, now they tell you it's up to USCIS/NVC. 

 

And you have heard nothing back from USCIS/NVC on this matter?

 

 

 

I USCIS or NVC does not know where the petition is at. They have been giving my congressman the run around. Even the embassy admitted they made a mistake on this case. 

 

Our records show that your constituent, Mr. ****, filed an I-130 petition for Ms. *****at the U.S. Embassy in Nicosia, Cyprus on March 24, 2022. The U.S. Embassy in Cyprus forwarded Mr. *****information to USCIS for an Adam Walsh Child Protection and Safety Act ("Adam Walsh Act") namecheck. We did not receive an approval from USCIS, so we were then contacted by the National Visa Center to transfer the petition to NVC. This office mistakenly transferred only the electronic case file to NVC on April 4, 2022 (the case was opened too early in error in IVO and should not have a local case number). I discovered the error last fall and I transferred the paper file (the original petition) to NVC through Diplomatic Pouch in October 2022. NVC received that file on October 31, 2022 and transferred it to USCIS. Please see attached scanned copy of the Petition and the cover memo when I sent the petition to NVC in October 2022.

If USCIS can proceed with the photocopy of the petition, we await approval of the Adam Walsh Namecheck and we can continue with this case.

 

[millefleur 5,047]

Just now, Jjackson123 said:

I USCIS or NVC does not know where the petition is at. They have been giving my congressman the run around. Even the embassy admitted they made a mistake on this case. 

That is infuriating. Honestly given how bumbling this embassy is, I would just forget DCF and go via the U4U route and to AoS inside the States. 

 

It's already annoying to deal with USCIS, dealing with a bumbling embassy on top of that doesn't seem worth it to me. If you do AoS from inside the States, at least there won't be the Embassy acting as middle man, it'll all go via USCIS. 

[Jjackson123 20]

1 minute ago, millefleur said:

That is infuriating. Honestly given how bumbling this embassy is, I would just forget DCF and go via the U4U route and to AoS inside the States. 

 

It's already annoying to deal with USCIS, dealing with a bumbling embassy on top of that doesn't seem worth it to me. If you do AoS from inside the States, at least there won't be the Embassy acting as middle man, it'll all go via USCIS. 

The only thing that worries me is how long will it take???  Can I just have the embassy transfer the case? I'm worried that the case could almost be approved but we pull the plug and have to start over again. I am not sure if we can even be expedited with an AoS.

[millefleur 5,047]

1 minute ago, Jjackson123 said:

The only thing that worries me is how long will it take???  Can I just have the embassy transfer the case? I'm worried that the case could almost be approved but we pull the plug and have to start over again. I am not sure if we can even be expedited with an AoS.

About transferring the case, that's a good question. I feel like since the embassy itself admitted they made a mistake, plus the Ukraine connection, you have a very good argument for an expedite. 

 

 

[Jjackson123 20]

1 minute ago, millefleur said:

About transferring the case, that's a good question. I feel like since the embassy itself admitted they made a mistake, plus the Ukraine connection, you have a very good argument for an expedite. 

 

 

She would not be able to travel during a AoS correct? We are in Ukraine right now. I know she will want to see her family within 6 months. Which I understand completely.