Marriage in Siberia. Anger and frustration in Moscow.

[visaveteran1 33]

I just returned from a month living in Russia with my fiancee/wife, Nadia. We got married at the local ZAGS on Oct. 25. It was a simple and quick event but a powerful life changing event for us in the larger scheme of things.

I love Nadia very much but the stay in Siberia was difficult for me in some ways. But the people were good people and it was different than Moscow or St. Pete. And I know Russia better now.

My biggest problem came from the US Embassy in Moscow. I got a clearly written email from them stating I could file the I-130 there despite not being a resident, but after traveling to Moscow some jackass rookie window clerk said he would not accept it. He refused my request to speak with his superior. He refused to give me his name. He refused to put the reasons for not accepting my petition in writing. He insulted me and was rude and dismissive. I felt like I was talking to a prison guard, not a civil servant. I'm writing my congressman about this one and I may consider legal options. The trip to Moscow cost me almost $2000 and the travel was very difficult on us. There must be some accountability.

Now I'm staring over with the K-3 route. I'd appreciate some estimates of how long before I might have Nadia with me in the USA. I'm filing with the Vermont USCIS office.

[slim 1,530]

Congrats on the good stuff..... sorry to hear about the bad stuff.

Definitely follow up with your congressman, the "service" you were given at the embassy is horrible and shouldn't be tolerated.

Good luck on the K-3, I have no idea exactly how long it will be, but I'd guesstimate that she'll be here before close of 2008.

[Satellite 1]

I'm writing my congressman about this one and I may consider legal options.

The only legal option you have is filing a suit against the government which is known as a Mandamus action. In the suit you will compel the government to act on your application. Their defense will be that they acted, by rejecting it. This route doesn't work very well.

[visaveteran1 33]

I'm writing my congressman about this one and I may consider legal options.

The only legal option you have is filing a suit against the government which is known as a Mandamus action. In the suit you will compel the government to act on your application. Their defense will be that they acted, by rejecting it. This route doesn't work very well.

I was thinking more along the lines of the lack of "due process." Or making false or misleading statements.

[Thomas-n-Elena 0]

Congrats on the good stuff too, where abouts in Siberia were you(kind of a large chunk of Russia).

I too have been mistreated by officials in the embassy(not moscow a different one). My advice is to calmly write out your experience and get your congressman or your senators office involved. Every one of them has an immigration person that you can deal with, mine were very helpful and they will make requests on your behalf, I was actually able to get a disciplinary note placed in one persons file from many miles away, My senators office told me that most people call very angry and upset and incoherrent. If it is done calmly but with passion they will act. It is surprising just when you think the system is going to come crashing down suddenly the people you vote into office actually do something for you. Keep the faith our prayers are with you.

[visaveteran1 33]

Congrats on the good stuff too, where abouts in Siberia were you(kind of a large chunk of Russia).

I too have been mistreated by officials in the embassy(not moscow a different one). My advice is to calmly write out your experience and get your congressman or your senators office involved. Every one of them has an immigration person that you can deal with, mine were very helpful and they will make requests on your behalf, I was actually able to get a disciplinary note placed in one persons file from many miles away, My senators office told me that most people call very angry and upset and incoherrent. If it is done calmly but with passion they will act. It is surprising just when you think the system is going to come crashing down suddenly the people you vote into office actually do something for you. Keep the faith our prayers are with you.

I appreciate hearing the success you had working within the system. Thanks. I have intentionally waited to write my congressman or senator to calm down and write my bad experience in an honest, understandable, and compelling way. My hope is that the time we have lost that was wasted on the trip to Moscow might be compensated by writing to my representatives in congress.

Do you think it's best to write to my congressman or senators?

To answer your question, I was in Krasnoyarsk...third largest city in Siberia.

[rentvent 0]

I don't think DCF is possible in Russia anymore unless you have been a resident there for several years.

[russ 1]

I was thinking more along the lines of the lack of "due process." Or making false or misleading statements.

False or misleading statements would generally fall under the Federal Trade Commision (interstate commerce). The government, particularly acting outside the US, would be immune here.

Due process only would apply inside the US, not to foreign nationals in other countries.

Do you think it's best to write to my congressman or senators?

It can't hurt. Just be calm and reasonable, and don't expect anything to happen.

[Jason-Sasha 1]

Been to Krasnoyarsk. Not a bad city at all.

[dmhweb 0]

... some jackass rookie window clerk said he would not accept it. He refused my request to speak with his superior. He refused to give me his name. He refused to put the reasons for not accepting my petition in writing. He insulted me and was rude and dismissive. I felt like I was talking to a prison guard, not a civil servant. ...

Unfortunately, sounds like typical Russian Customer service... Any idea if the person you were speaking to was a USC? They employ a lot of Russians at the embassy. Did you try going to the USC service section?

[Satellite 1]

Here is a reason you were probably denied the ability to file a I-130 in Moscow:

"Immediate Relative Immigrant Petitions (Form I-130):

U.S. Citizens residing in our office's jurisdiction may file petitions for immediate relatives at the Moscow office during public hours.

Who May File and When

The Moscow office at the United States Embassy, accepts Form I-130 "Petition for Alien Relative" from United States Citizens who are filing for their spouse, parent, or unmarried child under 21 years of age. Petitions from Lawful Permanent Residents and petitions for relatives other than those mentioned fall into different visa categories and must be filed in the United States. United States Citizens may file their petitions between 1:00 PM and 4:00 PM.

United States Citizens MUST BE PRESENT to file their petitions. If a United States Citizen is filing for a spouse, it is recommended that the spouse also appear so that immigration officials may ask any questions necessary for the adjudication of the petition.

United States Citizens must establish that they have resided in the Russian Federation for the previous six months in order to file at the Moscow office. To establish the residency requirement, United States Citizens should submit one or more of the following: multi-entry Russian visa, proof of local registration, work contract, apartment lease, U.S. military ID and evidence that the United States Citizen is stationed overseas, or other documents. Documents that prove the relationship between the United States Citizen petitioner and the non-United States citizen beneficiary should be submitted along with photocopies. Such documents include a marriage certificate, divorce or death certificates from previous marriages, and name-change certificates. Documents not in English must be submitted with English translations. Translations do not need to be notarized but should be signed by the translator and accompanied by a statement that the translation is accurate and that the translator is competent to translate.

In addition, it is recommended to provide a photocopy of any visas to the United States that your relative has been issued. If your relative has been under immigration proceedings previously, it is recommended that your relative provide detailed information about these proceedings. This will often speed the processing of your petition.

For additional information on preparing your documents to submit to the agency, read the instructions on the I-130 form or call the office at (7-495) 255-9551 on workdays from 8:00 AM to 5:00 PM."

https://egov.uscis.gov/crisgwi/go?action=of...r.statecode=arm

Also see:

http://vladivostok.usconsulate.gov/warden_072407.html

If you meet these requirements you might have a much stronger case in refiling your case.

Your odds of wining a due process claim where the plaintiff is a foreinger asking for a service outside the US is about as slim as getting a private bill passed making your wife a citizen. The latter is actually possible, not so sure of the former, but I think Russ is probably right.

[Nancy2015 2]

... some jackass rookie window clerk said he would not accept it. He refused my request to speak with his superior. He refused to give me his name. He refused to put the reasons for not accepting my petition in writing. He insulted me and was rude and dismissive. I felt like I was talking to a prison guard, not a civil servant. ...

Unfortunately, sounds like typical Russian Customer service... Any idea if the person you were speaking to was a USC? They employ a lot of Russians at the embassy. Did you try going to the USC service section?

Folks behind bullet proof glass are all Americans, I think. I mean, you gotta be a USC to be able to adjudicate petitions.

[visaveteran1 33]

Here is a reason you were probably denied the ability to file a I-130 in Moscow:

"Immediate Relative Immigrant Petitions (Form I-130):

U.S. Citizens residing in our office's jurisdiction may file petitions for immediate relatives at the Moscow office during public hours.

Who May File and When

The Moscow office at the United States Embassy, accepts Form I-130 "Petition for Alien Relative" from United States Citizens who are filing for their spouse, parent, or unmarried child under 21 years of age. Petitions from Lawful Permanent Residents and petitions for relatives other than those mentioned fall into different visa categories and must be filed in the United States. United States Citizens may file their petitions between 1:00 PM and 4:00 PM.

United States Citizens MUST BE PRESENT to file their petitions. If a United States Citizen is filing for a spouse, it is recommended that the spouse also appear so that immigration officials may ask any questions necessary for the adjudication of the petition.

United States Citizens must establish that they have resided in the Russian Federation for the previous six months in order to file at the Moscow office. To establish the residency requirement, United States Citizens should submit one or more of the following: multi-entry Russian visa, proof of local registration, work contract, apartment lease, U.S. military ID and evidence that the United States Citizen is stationed overseas, or other documents. Documents that prove the relationship between the United States Citizen petitioner and the non-United States citizen beneficiary should be submitted along with photocopies. Such documents include a marriage certificate, divorce or death certificates from previous marriages, and name-change certificates. Documents not in English must be submitted with English translations. Translations do not need to be notarized but should be signed by the translator and accompanied by a statement that the translation is accurate and that the translator is competent to translate.

In addition, it is recommended to provide a photocopy of any visas to the United States that your relative has been issued. If your relative has been under immigration proceedings previously, it is recommended that your relative provide detailed information about these proceedings. This will often speed the processing of your petition.

For additional information on preparing your documents to submit to the agency, read the instructions on the I-130 form or call the office at (7-495) 255-9551 on workdays from 8:00 AM to 5:00 PM."

https://egov.uscis.gov/crisgwi/go?action=of...r.statecode=arm

Also see:

http://vladivostok.usconsulate.gov/warden_072407.html

If you meet these requirements you might have a much stronger case in refiling your case.

Your odds of wining a due process claim where the plaintiff is a foreinger asking for a service outside the US is about as slim as getting a private bill passed making your wife a citizen. The latter is actually possible, not so sure of the former, but I think Russ is probably right.

I asked for and received a waiver from the 6 month residency rules. I have the email in hand that approved my request.. The waiver specifies no qualifications or stipulations or contingencies. It is written as a blanket waiver and invitation to file. When I arrived I was rudely denied the right to file my petition by a 20-something rookie window clerk. BTW, I, the USC, would be the plaintiff...not my foreign wife.

... some jackass rookie window clerk said he would not accept it. He refused my request to speak with his superior. He refused to give me his name. He refused to put the reasons for not accepting my petition in writing. He insulted me and was rude and dismissive. I felt like I was talking to a prison guard, not a civil servant. ...

Unfortunately, sounds like typical Russian Customer service... Any idea if the person you were speaking to was a USC? They employ a lot of Russians at the embassy. Did you try going to the USC service section?

The clerk was a USC. No, but maybe I should have.

[knowledge 0]

I just returned from a month living in Russia with my fiancee/wife, Nadia. We got married at the local ZAGS on Oct. 25. It was a simple and quick event but a powerful life changing event for us in the larger scheme of things.

I love Nadia very much but the stay in Siberia was difficult for me in some ways. But the people were good people and it was different than Moscow or St. Pete. And I know Russia better now.

My biggest problem came from the US Embassy in Moscow. I got a clearly written email from them stating I could file the I-130 there despite not being a resident, but after traveling to Moscow some jackass rookie window clerk said he would not accept it. He refused my request to speak with his superior. He refused to give me his name. He refused to put the reasons for not accepting my petition in writing. He insulted me and was rude and dismissive. I felt like I was talking to a prison guard, not a civil servant. I'm writing my congressman about this one and I may consider legal options. The trip to Moscow cost me almost $2000 and the travel was very difficult on us. There must be some accountability.

Now I'm staring over with the K-3 route. I'd appreciate some estimates of how long before I might have Nadia with me in the USA. I'm filing with the Vermont USCIS office.

Congratulations for your New life!!!...Vermont for Cr-/IR for us was long and had to get the help of Senator wich was wonderful!...K-3, you have to check their timelines...average standard is 6 months; backlogs are happening as well...I wonder if Congressman or senators have any power on consulates...I wonder if writing to the director of the consulate in Moscow is not the 1st thing to do. I also think that is not to take personnaly their bad behaviour...By experience they explain in all the instructions of the forms they expect people to be informed, maybe that's why he reacted that way...without any explaination i believe...but still, it's not a good reason to be so rude...

[Turboguy 6]

I think the person who wronged you was really the one who wrote the e-mail. I have never heard of them giving a waver of the 6 month residency rule and I think if that were routine and available to all citizens we would all go that route, most of us anyway.

It is a sad situation and I feel bad for you. I figure USCIS ineptness cost me about $ 25,000 or more so far in our k-1 journey. It is sad that we have to waste money and our valuable time.