Rete

Thanks, Stu, for posting this. Very helpful and timely for those with pending petitions who are wondering what in the world is happening to their paperwork.

os306

Cheers, Stu. Hopefully there is light at the end of the tunnel. I suspect the specific re-opening date of the London USCIS office will be determined by the date the UK government decides that lockdown restrictions will be lifted.

I was wondering what this means in terms of processing times. Our petition was delivered to the US Embassy Mail Room on the 18th of March. Unfortunately, this was just before the lockdown was instituted and it looks like no envelopes have been collected from the Mail Room from this week onwards. Therefore, I think it's safe to assume that our I-130/I-130A has not been filed as no payment has been taken. Most importantly, this means that we haven't received a NOA1 or filing date, unlike people who sent their petitions in a week or two before ours. I'm wondering if the 90 days processing time kicks in from the day that our card is charged and our petition is formally filed, or does it kick in from when the petition is delivered to the US Embassy. If it's the former, then it looks like the petition will not be filed until USCIS opens up again after June 4, so if the 90 days kicks in from then, we're potentially looking at having to wait until the 2nd of September (at the earliest) or our petition to be processed.

stuwoolf

The email we received advised our Processing Date was the day payment was taken and the email received ie March 5th.

Arithmetically, as the system shut down, say, 2 weeks after this date, I fully expect to wait AT LEAST a further 16 weeks once DCFL returns to work. 18 weeks total, 90 working days. This would be around September 24th.

That brings all sorts of issues for us as we had intended starting my wifes UK Visa renewal on September 2nd. I guess that needs to wait as the cost is excessive.....its all a bit of a "perfect storm". Hey ho, what can ya do........

Good luck.

stuwoolf

I always endeavour to contribute when and where I can. Not an expert in any of this immigration business. I guess its about seeking out what may be of use and spreading the word.

Stay safe.

os306

So I remembered today that the London USCIS office is officially closing its doors on July 31st. Therefore, I wouldn't be surprised if they push hard to get all of their pending I-130 petitions approved before this date. I have a good feeling that we won't be waiting as long as September...

S Folinsky

I have not a clue what will happen. But as a general matter, in the past USCIS has engaged in case management by transfer of a number of backlogged applications to another adjudication office.

stuwoolf

In a previous reply on here it was said, once USCIS has done its bit the case is transferred across to the US Embassy Visa Dept (which, I understand, will remain open after the Field Office is closed) to complete the process.

At what stage does the transfer take place? Is it at the point where DCF London confirms the application has been "correctly filed" and payment taken? If this is not the case, can anyone outline the steps in the process?

os306

Indeed, this is what happens. From my understanding, once the I-130 petition is approved (they like to use the term 'adjudicated') the Consular Officer at the London USCIS Field Office hand delivers the petition to the Immigrant Visa Unit (IVU) at the US Embassy (which I presume is on a different floor in the same building). You also receive a letter from the USCIS confirming that the I-130 has been approved. The IVU then sends you a case number that starts with the letters "LND". The case number is important because this is what you use to book your Medical and actual visa interview. The London USCIS office says it takes 8 weeks from I-130 approval to receiving an LND number; however, looking at other people's timelines it looks like it actually takes around a month. I wouldn't be surprised if it takes longer, given the Covid backlog.

Although the process may seem convoluted, in theory, it's much more convenient than going through the Dallas USCIS Lockbox. In that case, you might wait 10-15 months for your I-130 petition to be processed, after which you have to submit your documents to the National Visa Center (NVC) in New Hampshire. Once your documents are processed and approved by NVC, you book your interview at your local US Embassy. By going through the DCF route you effectively bypass the NVC stage and can bring your supporting documents with you to your visa interview. This used to be a lot quicker pre-Covid, with some people going through the entire process from start to finish in 4-6 months. It's a shame that with the closure of the London USCIS Office, this will no longer be an option for couples in the future!

S Folinsky

A general description of the immigrant visa system might be in order. As an initial aside, “DCF” is a on-line acronym for “Direct Consular Filing.” Actual DCF has not existed for years and London did not have actual DCF when it existed. Nonetheless, it was on-line practice to use the acronym.

The Department of State, via Consular Officers, is responsible for Visa Issuance. If a preliminary petition is needed (e.g. I-130) that is within the purview of DHS (former INS before 2003). (I say “if” because the old “non-preference” did not need a petition, go straight to consulate.).

so, system was I-130 was to INS in the Department of Justice. Upon approval, the I-130 was the forwarded directly to the consulate (no NVC back then). By regulation, former INS allowed overseas petitioners to file directly with the consulates. The consulate was delegated the authority to adjudicate clearly approvable family cases. Otherwise, it would forward the petition to the nearest overseas office of INS. Here is an important note: consulates in countries with an overseas INS office did NOT have authority to accept for filing or adjudicate visa petitions. Instead of direct Consular Filing, it was filed with local overseas INS Office. One such office was London. (Also Rome, Frankfurt & Athens). So, a French person had true “DCF” but a British person did not. But the British person had access to the analogue which looked like true DCF, but was not.

Some years back, true DCF was eliminated. That said, the remaining authority of overseas INS (now DHS) offices remained. What is now happening is that the overseas DHS offices are being closed. Until it is adjudicated (which includes possible denials), the pending I-130 remains with DHS. DHS is free to transfer pending petitions between DHS offices.

os306

Wow, thank you for this insight and historical overview. If there's one thing I've learnt from this process so far, it's that there is no shortage of unnecessary acronyms and confusing nomenclature within the US immigrant visa system!

In an earlier post you stated that USCIS has engaged in case management by transfer of backlogged applications to another adjudication office. Does this mean that there is a possibility that if cases are still pending (or if an RFEs cannot be completed in time) at the London USCIS Field Office by the July 31st closure date, we may see some petitions transferred to a USCIS office Stateside (e.g., New Hampshire)?

Rete

It is when the USCIS has approved the I-130. It is sent to the US Embassy.

PS The USCIS Field Office in the UK takes the place of the USCIS service center that approves the I-130 and other documents and forwards them to the US Embassy.

S Folinsky

As I said, I don’t know what will happen. But knowing who has authority I can envision the pending petitions being sent stateside. Again, I’m just saying it might happen.

S Folinsky

Yep, acronyms can drive one crazy. I recall one colleague mentioning that a NIF was different than a NOF (don’t ask - nothing to do with marriage visas/adjustment.)

I’ve sometimes mentioned that use of DCF with the governmental people in London or immigration attorneys will draw a blank stare because the acronym is not used outside of internet discussions.

i follow attorney groups and “AOS” depends upon context - affidavit of support or adjustment of status. I learned “CP” as “Combined Processing” whereas today it is “consular processing.” And PC is “potential client.”

let’s not talk about VD.

os306

That's brilliant! As a physician, I thought I had seen my fair share of acronyms in the medical world (including VD), but this just takes the cake...

stuwoolf

Thanks for this.

A further question is what constitutes USCIS approval, does USCIS do all the checks thus establishing approval? At that point the Visa Section solely produces the paperwork to facilitate the booking of the Medical and subsequent Interview?

I really have zero idea of how all this works and welcome any insight to the process which increases my understanding.