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July/August I-130 DCF filers come here!

July/August I-130 DCF filers come here!

Old Aug 18th 2010, 12:12 am
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Default Re: July/August I-130 DCF filers come here!

my wife is a usc and i am a british citizen, she is over here doing her masters and her uk visa (student) expires in feb. we sent it to the chicago lockbox and it was rejected saying file in london. we filed in london and they took the money, gave a receipt of filing and sent back extra documents (original cover letter, new cover letter, tenancy agreement, bank statements, original notice of rejection). we emailed them asking whether it had been accepted and they replied :#

Your I-130 was successfully filed with this office. It will be adjudicated in the date order it was received.

so its bascially got through for dcf?!
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Old Aug 18th 2010, 2:03 am
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Default Re: July/August I-130 DCF filers come here!

Yes, it's been accepted for DCF.

That's the first time I've heard of the USA telling someone to file in London, though! Cool!

Rene
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Old Aug 18th 2010, 5:35 am
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by shayward
Thought I would start a new thread for those of us filing now

So far I have posted my I-130 to the embassy in London special delivery to the street address they list for express deliveries. Sent of the 12th of July and arrived on the 13th of July according to the post office.

No postcard, no email and no credit card charge yet.

I am the husband who has UK citizenship, and my wife is the USC.
We filed yesterday (Aug 18th) so i expect they'll be receiving today. Hoping to receive confirmation of processing by end of the month, will post up and let you guys know the actual date.
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Old Aug 18th 2010, 8:39 am
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by Noorah101
Yes, it's been accepted for DCF.

That's the first time I've heard of the USA telling someone to file in London, though! Cool!

Rene
I THINK the facts are esentially that legally under the Adam Walsh act there is a 6 months minimum residency regardless of status to have the ability to file in London. Love to be able to cite something for this but i can't find it.

I've read on other forums of people being told to file in London too. Not many though and i think it all depends on how long you've been over here.
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Old Aug 18th 2010, 9:03 am
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Default Re: July/August I-130 DCF filers come here!

Londonmale, that's really good for you
It's more common for people to have the opposite "problem" - i.e. to file DCF at first and have their application returned with the instruction to file in the US.
Which is why we were surprised (pleasantly ).
I guess it all depends on each individual case and circumstances, that's true.
But you do hear about some very odd cases every once in a while. Like a USC (I think on this forum) who met all the criteria for London DCF, was on a 2-year UK spousal visa, had lived in the UK continuously for about 8 months, was renting a property in the UK, and I think she may also have had a job. And she had her application returned by the London Embassy because she had made the mistake to write a covering letter stating that she was living in the UK temporarily (referring to her 2-year visa). They didn't even accept all the evidence she provided or her explanations following the return, and she was still made to file in the US

Good luck in your application!!
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Old Aug 18th 2010, 9:12 am
  #51  
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by C_C
I think she may also have had a job. And she had her application returned by the London Embassy because she had made the mistake to write a covering letter stating that she was living in the UK temporarily (referring to her 2-year visa). They didn't even accept all the evidence she provided or her explanations following the return, and she was still made to file in the US

Good luck in your application!!
The irony is that you first have to prove that the USC is permanently living in the UK, and then you have to prove that they are domiciled in the US!

They sure don't make this process easy, or logical for that matter.
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Old Aug 18th 2010, 9:22 am
  #52  
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by shayward
The irony is that you first have to prove that the USC is permanently living in the UK, and then you have to prove that they are domiciled in the US!

They sure don't make this process easy, or logical for that matter.
No kiddin'
That's the Catch-22 with DCF - the price you have to pay for a usually quicker and simpler application process
On the other hand, I like to think that those of us doing DCF are blessed to be able to be together with our spouses for the whole process or for most of it (if the USC spouse moves ahead of the foreign national spouse). As opposed to USCs with spouses in foreign countries that have to wait separated for months..
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Old Aug 18th 2010, 11:55 am
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by shayward
The irony is that you first have to prove that the USC is permanently living in the UK, and then you have to prove that they are domiciled in the US!
Well, close... but no cigar! The USC doesn't need to prove they're domiciled in the US - they need to prove only their intent to domicile in the US at some future point in time.

That said, I fully appreciate the, often, paradoxical world that is US immigration!

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Old Aug 18th 2010, 2:46 pm
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Default Re: July/August I-130 DCF filers come here!

This is true for the consulate in London. There are other consulates that will not issue a visa until the USC has returned to the USA and established themself here.

Regards, JEff


Originally Posted by ian-mstm
Well, close... but no cigar! The USC doesn't need to prove they're domiciled in the US - they need to prove only their intent to domicile in the US at some future point in time.
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Old Aug 18th 2010, 3:44 pm
  #55  
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by jeffreyhy
This is true for the consulate in London. There are other consulates that will not issue a visa until the USC has returned to the USA and established themself here.

Regards, JEff
Really? That's not what any of the documentation states.
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Old Aug 18th 2010, 4:47 pm
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by londonmale2008
I THINK the facts are esentially that legally under the Adam Walsh act there is a 6 months minimum residency regardless of status to have the ability to file in London. Love to be able to cite something for this but i can't find it.

I've read on other forums of people being told to file in London too. Not many though and i think it all depends on how long you've been over here.
It's not written into the Act the way you word it, but it was because of the Act that filing I-130 was prohibited for a time.
"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. "
http://2001-2009.state.gov/r/pa/prs/.../mar/82030.htm
http://www.travel.state.gov/visa/imm...ants_1340.html

The villagers rioted, a process was put in place to run the checks and peace was restored to the nations. However, State decided to tighten up the residency requirements as perhaps too many people were taking advantage of the situation AND domestic I-130 processing speeded up tremendously (reducing the temptation to try to petition abroad).
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Old Aug 18th 2010, 4:50 pm
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by shayward
The irony is that you first have to prove that the USC is permanently living in the UK, and then you have to prove that they are domiciled in the US!

They sure don't make this process easy, or logical for that matter.
It's logical, once you speak immigration-ese.
It's the difference between 'residence' and 'domicile' (many links in the DCF wiki discussing this distinction).


Originally Posted by jeffreyhy
This is true for the consulate in London. There are other consulates that will not issue a visa until the USC has returned to the USA and established themself here.

Regards, JEff
Originally Posted by shayward
Really? That's not what any of the documentation states.
Which documentation? "Intent to domicile" is the latitude afforded TO Consular Officers. They aren't required to use it.
The I-864 *requires* the USC to be domiciled in the US in order to be enforced.
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Old Aug 31st 2010, 1:19 pm
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by meauxna
It's logical, once you speak immigration-ese.
It's the difference between 'residence' and 'domicile' (many links in the DCF wiki discussing this distinction).






Which documentation? "Intent to domicile" is the latitude afforded TO Consular Officers. They aren't required to use it.
The I-864 *requires* the USC to be domiciled in the US in order to be enforced.
[As of August 23, 2010, we are processing petitions filed on June 7, 2010.]

Seems as though things are moving at the speed of treacle over at the US embassy,
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Old Aug 31st 2010, 3:22 pm
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by shayward
[As of August 23, 2010, we are processing petitions filed on June 7, 2010.]

Seems as though things are moving at the speed of treacle over at the US embassy,
It's all those darn holidays you Brits enjoy. USEmb has to honor US and UK holidays. Oh, and you like your vacation/holiday time too.. August is popular.
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Old Aug 31st 2010, 3:27 pm
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by meauxna
It's all those darn holidays you Brits enjoy. USEmb has to honor US and UK holidays. Oh, and you like your vacation/holiday time too.. August is popular.
We only have 8 bank holidays the whole year, and only 1 in August and that was yesterday. (Lovely weather by the way)

But yes, we do get a healthy amount of leave. I am on 25 days this year and it will keep going up a day a year until I hit 30

Not sure if I will be able to survive on the US standard of 10 - 15 days a year
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