It can be done!- changing from K1 & AOS to DCF- (long)
Apr 25th 2003, 4:00 am
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Joined: Sep 2002
Location: An Australian living in Danbury, CT
Posts: 130
It can be done!- changing from K1 & AOS to DCF- (long)
Just for anybody's interest, I have posted below my experience. At first I wasn't sure it could be done, but am thrilled that I have saved myself at least 12 more months of waiting for my conditional greencard status. Thanks to Meauxna for your initial encouragement! Note that I have repeated a lot of what was in the 'Good Luck desusa' post. For those who didn't read that, some may find this a viable option. All together the process took only about 5 weeks. (After finally deciding to go ahead with the process, I began compiling the necessary requirements on March 17th and received my visa on April 23rd.)
My husband and I were holidaying in Australia for at least 3 months when we decided to try the Direct Consular Filing route through the US consulate in Sydney as I have read so much about the ease and benefits of DCF compared to adjusting from the K1 status to conditional permanent resident. Last year I entered the US on a K1 visa, married, applied for AOS and were still waiting after nearly a year for our first AOS interview (we were being processed through NYC BCIS office which has a wait of approx. 2 years). We thought that if we could alternately apply as a spouse we could skip the entire waiting period and I could instead enter the US with an Immigrant visa. This would also save me some hassle in trying to get my file transferred from the NYC office to Hartford, CT, writing to NYC and visiting the Hartford office to do this, waiting for it to be done, paying for my EAD and AP renewal in July, waiting and preparing for the AOS interview, and then possibly waiting for my CPR stamp to be issued. We felt avoiding this was worth going through the visa application process again.
Around mid February 2003 I called the US consulate in Sydney and requested the necessary forms to begin the DCF process to be posted to me. I received a package within one week. The package is referred to as packet 3 and contained all the introductory information, the list of requirements necessary for the interview to be scheduled, and several other forms. The forms included DS-230 part 1 to be posted back immediately (or as soon as you want your file opened), DS2001 to be posted when I was ready for the interview, and I-130 and I-864 to be presented in person on the day of the interview. BTW, in Sydney, the I-130 has to be filed in person by the US spouse either on any Friday morning (foreign spouse does not need to be present) or at the final interview (with the foreign spouse). If filed beforehand, the US spouse does not need to present at the final interview.
After reading through the material, I wondered if we were still eligible to file since we were already well into the AOS process in the US. I faxed the Sydney consulate my concerns and questions on February 22nd. We received a phone call about 7 working days later and an official answered my questions over the phone and told us we were still eligible and were welcome to start the process.
Early to mid March I completed the preliminary requirements (blood test, x-ray and medical, and police certificate), and posted completed forms DS-230 part 1 and DS2001 to the consulate on March 25th with a request for an interview date prior to April 30th (if possible of course!).
On April 3rd I received notice that my interview date was scheduled for April 23rd, along with one more form DS-230 part 2 to be filed at the interview, and some further immigrant visa information.
Our appointment was set for 9am and we arrived at the bottom of the MLC centre at about 8.25am. Lucky we were early as it took every part of that next half our to actually get upstairs and into the consulate. There was a check point on the ground floor where our bags were searched and we were went over with the metal detector wand, then asked to wait in a cordoned area until there was a small group of people ready to go up. The guard herded all of us into the lift that took us to the 59th floor. Immediately outside the lift there was another queue waiting for the secondary security area where our bags were put through the metal detector and identification was checked. Finally through this we buzzed through the main door and entered the actual consulate area.
We were told to line up at window 2 where we presented our interview letter. We were directed to window 6 to pay our application and visa fee, and then were to take a seat and wait for our name to be called. At window 6 I requested to pay with US cash. I had especially bought US cash because according to the current fees on the consulate website as of Feb. 28th 2003 it would save me about $40 to pay in US than AUD. Anyway, the cashier couldn't give $4 change and refused to just take the extra money, then told me that the current fees according to the website had only been in effect for two weeks after Feb 28th and had since reverted to a higher amount. $130 instead of $96 for the I-130 petition application. Arrggghhh! I thought we would have to leave the consulate again and get more cash until she said we could instead pay by credit card. I was irritated that the website had incorrect information listed as current but didn't want to start the morning on a bad note.
With that paid we took a seat (still some available at that stage!) and waited. There were a couple of other people there who were applying for immigrant visas and even more nervous than I, one who had won the green card lottery and another who I think was also applying for a spouse visa.
After about 45 minutes we were called to window 1 were the same official who checked my K1 papers last year checked my papers this time too! She began to check through our papers, and she briefly confirmed with me that I had applied for a K1 visa in 2002 and asked me “What happened with that?" I answered that I had entered the US on that visa, married within the correct timeframe, and filed my AOS papers but since we were being processed through the NYC office we had a long wait for the AOS interview. Since we were in Australia on an extended vacation we had decided to utilise the DCF option to speed up the process. She understood and commented that it would be a lot faster and that it made sense. I wasn’t asked any more questions about it from then on. She took the copies and returned the originals, asked me to sign the front of one of the adit photos in front of her, and then told us to take a seat again and wait to be called. Strangely, another applicant who was there applying for an immigrant visa had her adit photos rejected and had to go downstairs and have them retaken. I checked hers and the proportions were almost identical to mine. The consular official had told the applicant that her profile needed to be more side on, (personally I thought the replacements she had taken were showing more like 4/5 of the right side of her face rather than 3/4) and I was sure that we would have ours rejected too. When the official looked at ours she gave them a once over and accepted them. Of course I was glad but I couldn't believe that hers were rejected and ours were not when they looked the same. I guess there's no certainty but maybe if it's convenient you could wait to have them taken at the Kodak shop near the consulate to be sure you don't have to have them done again.
Anyway, back to waiting. A different official called us up to window 3 twice over the next hour and a half. The first time we were called for me (the beneficiary) to take an oath and she asked what was my occupation, my husband’s occupation, when we were married, and where we had lived since being married. Then we were sent back to the waiting area to be called again. The second time we were called up my husband took an oath, signed the affidavit of support in front of her (as she was notarizing it). Then again sent back to the waiting area to be called.
At about 11.45am we were called to window 3 again where the official had the immigration visa ready (not a visa stuck in my passport but an A4 sheet of paper entitled 'Immigrant Visa and Alien Registration' with an official seal and listing all of my personal details which was stapled to the famous sealed envelope bulging with my life story). She asked me to check to make sure everything was correct before I left. I noticed they had listed my last residence as Perth, Australia rather than Adelaide, Australia and she simply typed in Adelaide and crossed out Perth. So, with visa in hand we were out of the consulate by midday. It seemed to take forever, I think mainly because we did a lot of standing, but 3 hours is very good timing. Most other people with Immigrant visas were also out of there in around 3 hours. Although they were very busy they seemed quite efficient.
I can't recommend enough to make sure you have everything in the correct order and have all the necessary documents/photos etc. as they are quite abrupt with those who have not read the instructions properly. They do seem surprised and appreciative when everything is compiled correctly as they request on the instruction forms. I guess a lot of people skim over some of the requirements and understandably that seemed to quietly irritate the officials.
Good Luck to anyone else going through the same process and I hope this helps you!
My husband and I were holidaying in Australia for at least 3 months when we decided to try the Direct Consular Filing route through the US consulate in Sydney as I have read so much about the ease and benefits of DCF compared to adjusting from the K1 status to conditional permanent resident. Last year I entered the US on a K1 visa, married, applied for AOS and were still waiting after nearly a year for our first AOS interview (we were being processed through NYC BCIS office which has a wait of approx. 2 years). We thought that if we could alternately apply as a spouse we could skip the entire waiting period and I could instead enter the US with an Immigrant visa. This would also save me some hassle in trying to get my file transferred from the NYC office to Hartford, CT, writing to NYC and visiting the Hartford office to do this, waiting for it to be done, paying for my EAD and AP renewal in July, waiting and preparing for the AOS interview, and then possibly waiting for my CPR stamp to be issued. We felt avoiding this was worth going through the visa application process again.
Around mid February 2003 I called the US consulate in Sydney and requested the necessary forms to begin the DCF process to be posted to me. I received a package within one week. The package is referred to as packet 3 and contained all the introductory information, the list of requirements necessary for the interview to be scheduled, and several other forms. The forms included DS-230 part 1 to be posted back immediately (or as soon as you want your file opened), DS2001 to be posted when I was ready for the interview, and I-130 and I-864 to be presented in person on the day of the interview. BTW, in Sydney, the I-130 has to be filed in person by the US spouse either on any Friday morning (foreign spouse does not need to be present) or at the final interview (with the foreign spouse). If filed beforehand, the US spouse does not need to present at the final interview.
After reading through the material, I wondered if we were still eligible to file since we were already well into the AOS process in the US. I faxed the Sydney consulate my concerns and questions on February 22nd. We received a phone call about 7 working days later and an official answered my questions over the phone and told us we were still eligible and were welcome to start the process.
Early to mid March I completed the preliminary requirements (blood test, x-ray and medical, and police certificate), and posted completed forms DS-230 part 1 and DS2001 to the consulate on March 25th with a request for an interview date prior to April 30th (if possible of course!).
On April 3rd I received notice that my interview date was scheduled for April 23rd, along with one more form DS-230 part 2 to be filed at the interview, and some further immigrant visa information.
Our appointment was set for 9am and we arrived at the bottom of the MLC centre at about 8.25am. Lucky we were early as it took every part of that next half our to actually get upstairs and into the consulate. There was a check point on the ground floor where our bags were searched and we were went over with the metal detector wand, then asked to wait in a cordoned area until there was a small group of people ready to go up. The guard herded all of us into the lift that took us to the 59th floor. Immediately outside the lift there was another queue waiting for the secondary security area where our bags were put through the metal detector and identification was checked. Finally through this we buzzed through the main door and entered the actual consulate area.
We were told to line up at window 2 where we presented our interview letter. We were directed to window 6 to pay our application and visa fee, and then were to take a seat and wait for our name to be called. At window 6 I requested to pay with US cash. I had especially bought US cash because according to the current fees on the consulate website as of Feb. 28th 2003 it would save me about $40 to pay in US than AUD. Anyway, the cashier couldn't give $4 change and refused to just take the extra money, then told me that the current fees according to the website had only been in effect for two weeks after Feb 28th and had since reverted to a higher amount. $130 instead of $96 for the I-130 petition application. Arrggghhh! I thought we would have to leave the consulate again and get more cash until she said we could instead pay by credit card. I was irritated that the website had incorrect information listed as current but didn't want to start the morning on a bad note.
With that paid we took a seat (still some available at that stage!) and waited. There were a couple of other people there who were applying for immigrant visas and even more nervous than I, one who had won the green card lottery and another who I think was also applying for a spouse visa.
After about 45 minutes we were called to window 1 were the same official who checked my K1 papers last year checked my papers this time too! She began to check through our papers, and she briefly confirmed with me that I had applied for a K1 visa in 2002 and asked me “What happened with that?" I answered that I had entered the US on that visa, married within the correct timeframe, and filed my AOS papers but since we were being processed through the NYC office we had a long wait for the AOS interview. Since we were in Australia on an extended vacation we had decided to utilise the DCF option to speed up the process. She understood and commented that it would be a lot faster and that it made sense. I wasn’t asked any more questions about it from then on. She took the copies and returned the originals, asked me to sign the front of one of the adit photos in front of her, and then told us to take a seat again and wait to be called. Strangely, another applicant who was there applying for an immigrant visa had her adit photos rejected and had to go downstairs and have them retaken. I checked hers and the proportions were almost identical to mine. The consular official had told the applicant that her profile needed to be more side on, (personally I thought the replacements she had taken were showing more like 4/5 of the right side of her face rather than 3/4) and I was sure that we would have ours rejected too. When the official looked at ours she gave them a once over and accepted them. Of course I was glad but I couldn't believe that hers were rejected and ours were not when they looked the same. I guess there's no certainty but maybe if it's convenient you could wait to have them taken at the Kodak shop near the consulate to be sure you don't have to have them done again.
Anyway, back to waiting. A different official called us up to window 3 twice over the next hour and a half. The first time we were called for me (the beneficiary) to take an oath and she asked what was my occupation, my husband’s occupation, when we were married, and where we had lived since being married. Then we were sent back to the waiting area to be called again. The second time we were called up my husband took an oath, signed the affidavit of support in front of her (as she was notarizing it). Then again sent back to the waiting area to be called.
At about 11.45am we were called to window 3 again where the official had the immigration visa ready (not a visa stuck in my passport but an A4 sheet of paper entitled 'Immigrant Visa and Alien Registration' with an official seal and listing all of my personal details which was stapled to the famous sealed envelope bulging with my life story). She asked me to check to make sure everything was correct before I left. I noticed they had listed my last residence as Perth, Australia rather than Adelaide, Australia and she simply typed in Adelaide and crossed out Perth. So, with visa in hand we were out of the consulate by midday. It seemed to take forever, I think mainly because we did a lot of standing, but 3 hours is very good timing. Most other people with Immigrant visas were also out of there in around 3 hours. Although they were very busy they seemed quite efficient.
I can't recommend enough to make sure you have everything in the correct order and have all the necessary documents/photos etc. as they are quite abrupt with those who have not read the instructions properly. They do seem surprised and appreciative when everything is compiled correctly as they request on the instruction forms. I guess a lot of people skim over some of the requirements and understandably that seemed to quietly irritate the officials.
Good Luck to anyone else going through the same process and I hope this helps you!
Last edited by desusa; Apr 25th 2003 at 1:32 pm.
Apr 25th 2003, 4:11 pm
#2
Joined: Apr 2002
Posts: 35,082
Re: It can be done!- changing from K1 & AOS to DCF- (long)
Originally posted by desusa
Just for anybody's interest, I have posted below my experience. At first I wasn't sure it could be done, but am thrilled that I have saved myself at least 12 more months of waiting for my conditional greencard status.
Just for anybody's interest, I have posted below my experience. At first I wasn't sure it could be done, but am thrilled that I have saved myself at least 12 more months of waiting for my conditional greencard status.
It should be noted for others inspired by your move that this is not possible in every country, but certainly Australia has one of the most civilized consular posts in the world. Lucky you!
As the POE officer said to the DAH: Welcome to America, my man (again!).
mo
