Can I-130's and I-601's be filed same time?

[Aussie-Amero]

Hi all...
Been dreaming of a cafe conleche lately...
Again just doing research and found different info on this subject from different sources. We are filing our I-130 via Sydney now and I have read somewhere that I can submit my I-601 at the same or during the interview to speed up the process. Does anyone know about this? Or could anyone advise in their experience on the quickest way to move towards a I-601 waiver while applying for spousal sponsership via I-130 ?
Also does the filing of a I-129expediate the processing of a I-130 in a country whether DCF is possible....I'm only just starting to get a grip on all the Abbreviation combinations....and my apologies if there are mistakes or these are silly questions.
Cheers and Thanks

Pete

[Pinkpig]

Hey Pete,

I was clicking around on all the sites and all I can find is that the consular officer will tell you what you need to file if you are denied. It does not say if you can or cannot file it at your initial interview.

I would start with the presumption that you can and I would sure have it all ready and available and ask to file it then and there.

I am sure you read the same embassy pages that I did.

[Cynthia]

Hi all...
Been dreaming of a cafe conleche lately...
Again just doing research and found different info on this subject from different sources. We are filing our I-130 via Sydney now and I have read somewhere that I can submit my I-601 at the same or during the interview to speed up the process. Does anyone know about this? Or could anyone advise in their experience on the quickest way to move towards a I-601 waiver while applying for spousal sponsership via I-130 ?
Also does the filing of a I-129expediate the processing of a I-130 in a country whether DCF is possible....I'm only just starting to get a grip on all the Abbreviation combinations....and my apologies if there are mistakes or these are silly questions.
Cheers and Thanks

Pete

Helo Pete... :)

I don't recall reading anywhere that you get to file the same day as your I-130. I guess it varies with each embassies/consulates. Normally, you have to get the approval on your I-130 and prolly they'll make you do another visit just to file I-601. You need to "get" the denial of visa and THEN, they'll inform you that you'll need the I-601.

With regards to I-129F, it may not expedite but it'll make it somewhat faster than the I-130, w/ or w/out DCF.

When we talk about expedite, normally we're talking about the 2 criterias that can expedite the waiver. Which are: 1) Medical Expedite and/or 2) Military.

p/s: There's no quickest way to get to I-601 phase. Unless your embassy/consulate gives the I-130 approval same day with a nxt day interview (the denial of visa) and you get to file it on that so & so day. Which, I hvn't "seen" that happen yet. :)

[Aussie-Amero]

Hey PP and Cynthia...thanks for all your information.

PP can I ask what info are you referring to regarding

'''I am sure you read the same embassy pages that I did.'''

Do you mean the Aust embassy site ?
I have sourced info/ research on other sites( in regards to filing I-130's and I-601's) with the Syd US Embassy to try to understand what is' not said' on their offical site. This consulate seems to be regulary change it's systems of filing and the filing process of the I-130 has changes twice already this year.

I am getting through this with all your support and advice. As both of you said...getting the I-601 ready at the same time can't hurt the process either....I still am confused about the I-129 thing I must admit.

Would my thinking be right in saying that.....if I file a I-129 at the same time as filing an I-130 then the I-130 will be approved quicker/I will get called for interview quicker.....is this correct....even outside of US ?
Thanks for your patience...understanding all the various options and processes can seriously challenge my brain capacity to no end right now.

Cheers

Pete

[Pinkpig]

Hey PP and Cynthia...thanks for all your information.

PP can I ask what info are you referring to regarding

'''I am sure you read the same embassy pages that I did.'''

http://sydney.usconsulate.gov/consular/ineligibility.html

most of the links for DCF are so outdated. it used to be a very popular thing to do and then things changed. also there is some talk that if you are not clearly approvable (you need to file a waiver) then you could not DCF.

http://www.visajourney.com/forums/index.php?showtopic=64

I am thinking that aussiewench did DCF in Australia but she did not have to file a waiver. you could try contacting her. she is on this forum and also others.

http://www.visajourney.com/forums/index.php?autocom=custom&page=dcf


Do you mean the Aust embassy site ?

Yes, I would absolutely let them guide you as we don't have much experience with it on the site and definitely not DCF and then a waiver. seems as though someone did it in Peru...but all of those posts are lost. I don't think they would help you much though.

I have sourced info/ research on other sites( in regards to filing I-130's and I-601's) with the Syd US Embassy to try to understand what is' not said' on their offical site. This consulate seems to be regulary change it's systems of filing and the filing process of the I-130 has changes twice already this year.

all of the changing is sort of typical with my 3 year involvement with immigration.

I think Cynthia did DCF in Frankfurt and then she filed the waiver...so I am guessing that she might be your best source on here.

I am getting through this with all your support and advice. As both of you said...getting the I-601 ready at the same time can't hurt the process either....I still am confused about the I-129 thing I must admit.

Would my thinking be right in saying that.....if I file a I-129 at the same time as filing an I-130 then the I-130 will be approved quicker/I will get called for interview quicker.....is this correct....even outside of US ?

If you were doing regular filing I would say yes, and maybe that is the case with DCF as well. I just don't know. The downside is the waste of the filing fee and the other thing to take into consideration is that you might confuse them.

You cannot file the I-129f until you have the receipt for filing the I-130. I just don't have a good feel for this whole process of DCF. I don't think that filing the I-129f would speed your process up any as it would have to come back to the states. My thinking is that you might really confuse them if you then filed both petitions.

IMHO: The best thing to do if you are going to do this yourself is to try and make contact with the Australian embassy and work with them. Have you tried emailing them and asking them what the procedure would be? DCF is such a tricky thing and then the waiver complicates it...that I would make sure that I had someone in the embassy there that was accessible. I know this is not much help. I really do not have an answer. We were planning to do DCF and then while we were in the process they changed the rules and we were unable to do it.

Thanks for your patience...understanding all the various options and processes can seriously challenge my brain capacity to no end right now.

Boy you and me both.

Cheers

Cheers

Pete

If I am able to find any other information for you I will send it along.

I know that you cannot file the I-601 until the consular officer tells you that you need it and that you are eligible for it...so I cannot imaging a scenario in which that would all happen at the same time that you file the I-130. There just is no way that they can do the checking that they need to do to get it approved and investigated that quickly. So I am thinking that there is no way to file them at the same time. Logistically impossible.

[Aussie-Amero]

Thanks Pink Pig....I will contact aussie wench..
Consultate just contacted us regarding our I-130 appl. The Consultate in Sydney emailed saying my husband (USC) has to be a resident here for 6 months before being able to file a I-130 in Aust....he is a semi-permanent resident here.....and this may or may not mean we can even get to file here ! ZSSHHHH...I'm going check on visajourney to see if anyone is in the knows about this major detail...
Can feel the serious sads coming on just when I was beginning to muster hope from this site....
Thanks Pig for keeping the light burning...
Hopefully have some insight soon.

Cheers

Pete

[Aussie-Amero]

Hey All....a little good news from the other side of the pacific.I found out that my husband does qualify to apply for an I-130 from here...just. He's got his semi-perm residency visa fror AUst @ 5th Jan 07 and left for the US on 13th June...so that's the continious 6 months thing covered...plus a job,the visa itself, name on bank account here etc should cover the rest of it when applying for a I-130 from overseas

Information sourced
http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

Fantastic stuff...off to comfirm with Syd consulate, he can apply for I-130...turned that frown upside down....
I feel a little fragile still about this whole ordeal...everyone here seems so ontop of this stuff and I feel a little like a dorky country bumpkin with a lack of who-ha about what I'm dealing with....how does anyone take years of this...seriously...I feel like I've begun training for the stress olympics...I know its going to get harder than this (.. I-601) but I'm seriously feeling these early days of comando 101 - 601 immigration training...
be well

cheers

pete

[Ginger]

You can submit I-601 at the interview. The thing is that you need to be denied in the same interview. For example, if you have a visa interview and they are telling you that you can not enter the US then you can submit waiver right away.

[Pinkpig]

Hey All....a little good news from the other side of the pacific.I found out that my husband does qualify to apply for an I-130 from here...just. He's got his semi-perm residency visa fror AUst @ 5th Jan 07 and left for the US on 13th June...so that's the continious 6 months thing covered plus a job,the visa itself, name on bank account here etc should cover the rest of it when applying for a I-130 from overseas

Information sourced
http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

Fantastic stuff...off to comfirm with Syd consulate, he can apply for I-130...turned that frown upside down....
I feel a little fragile still about this whole ordeal...everyone here seems so ontop of this stuff and I feel a little like a dorky country bumpkin with a lack of who-ha about what I'm dealing with....how does anyone take years of this...seriously...I feel like I've begun training for the stress olympics...I know its going to get harder than this (.. I-601) but I'm seriously feeling these early days of comando 101 - 601 immigration training...
be well

cheers

pete

Morning Pete,

Everyone started where you did...except some of us wasted thousands of dollars on bad lawyers first. chuckle chuckle. A very strong sense of humor is imperative.

The very best thing you can do is what you are doing. Just read, question and absorb everything that you possibly can. Keep what you think applies to you and continue searching. You will be an expert in no time.

Tricky thing with DCF and all immigration really is that the rules can change quickly and the embassy is your best factual source of what you need to do. They get to make the rules whether we like them or not.

Generally this is what should happen: In Sydney where you will file your I-130 petition, the Department of State is in charge in the form of the USCIS. They will approve/deny your application. Then the Officer in charge (OIC) will determine whether you are eligible for the visa or not. He/She will tell you if you are eligible for the waiver or not and then instruct you on how to do that (the I-601 waiver). Your waiver will then be sent on the the Department of Homeland Security in Bangkok. There the adjudicator will decide if your waiver meets the criteria of hardship on the USC if the qualified relative is not allowed to immigrate. If you have proven hardship then Bangkok will tell Sydney to give you the visa. Sydney will tell you how they do that.

Oh yea, I am sure you know this but...Try to get everything they tell you officially in writing and make copies of everything you send them, mail receipts...everything!

I may have misunderstood your timing but from January to June is only 5 months and about a week. I hope I misunderstood your timing. If Sydney says that you are not eligible for the DCF, then you need to get your I-130 in the mail ASAP. As all of the fees are going up the end of July, I am thinking that there may be a bubble of filers around this time and the timeframes for approvals should definitely be longer.

Sounds like Ginger thinks that you may be able to file the I-601 when you are denied at the I-130 petition filing so there is at least hope for being able to do that.

Keep plugging, keep your eye on the goal, and don't take setbacks to heart...you will figure it out. I just know it. :)

[Cynthia]

Good to know that you both able to do DCF. :)

Check with your embassy if the I-130 and visa interview+denial+waiver submission are being the procedure over there.

PP was right. I did DCF. With Frankfurt, filing the I-130 is just that, I-130. They gave me another form (which was a checklist: I'll look it up what it was. Can't recall now) to get all the needed supporting docs i.e police report/background checks, additional infos etc etc etc. Then, I called them up that all my p/work are gathered and set up and appt for the visa interview. I got that interview date 3 weeks later (and not immediately). On that interview, I submitted more forms, the supporting docs. Got my denial. Set another appt date to send in the I-601 + HSL. Waited. Got my approval in about almost 2 mths. Can't recall my timeline either..lol...

[Pinkpig]

On my trusty, dusty spreadsheet I found that Cynthia submitted her waiver in Frankfurt on October 24, 2005 and was approved on December 21, 2005. I don't know the date of her DCF or her I-130 approval.

I think this is one of the fastest turn arounds from filing the I-130 petition to approval of I-601 that I have ever seen. (the entire process from start to finish with waiver approval could not have been 6 months. Is that right Cynthia?

Of course her case is different from anyone else's and so you cannot compare...but it can be done...

[Cynthia]

Interesting... there's no way you can get that visa interview + denial + waiver submission same day as the I-130 petition being filed.


http://sydney.usconsulate.gov/consular/immigrant.html


Forgive me if I did missed reading any part that did say one CAN file all in one day. :)

Don't know if you found this already but I'm putting this link in anyways: http://travel.state.gov/visa/temp/wait/tempvisitors_wait_result.php?post=Sydney&x=104&y=22

[Cynthia]

On my trusty, dusty spreadsheet I found that Cynthia submitted her waiver in Frankfurt on October 24, 2005 and was approved on December 21, 2005. I don't know the date of her DCF or her I-130 approval.

I think this is one of the fastest turn arounds from filing the I-130 petition to approval of I-601 that I have ever seen. (the entire process from start to finish with waiver approval could not have been 6 months. Is that right Cynthia?

Of course her case is different from anyone else's and so you cannot compare...but it can be done...

Hello sweet Peggy... I started my process in April. The checklist form was OF-169. It's all in my Timeline... :) Basically, it did took more or less 6 mths to finish. Got my approval in December 05 but I didn't get my passport and the Brown Envelope till mid Jan/February (ach, again, can't recall..lol). We all know that without the Brown Envelope, none goes..lol... All plans are/were halted.

[Cynthia]

From Sydney's website, waiver goes to Bangkok for adj. Unless it changes again or Sydney is doing their own adj., now or I mis-read something.

[Pinkpig]

Hey, I agree with you, Cynthia! :) he he! I don't see anyway that it could be done the same day either. But immigration never fails to amaze me. :innocent:


and yes, the waiver gets sent to Bangkok from Sydney for adjudication.

Cynthia, so your entire process from start to finish was a bit longer than I thought but still one of the quicker ones, wouldn't you say.

[Cynthia]

Hey, I agree with you, Cynthia! :) he he! I don't see anyway that it could be done the same day either. But immigration never fails to amaze me. :innocent:


and yes, the waiver gets sent to Bangkok from Sydney for adjudication.

Cynthia, so your entire process from start to finish was a bit longer than I thought but still one of the quicker ones, wouldn't you say.


Totall, agreeing PP. Immigration never cease to amaze us all..lol...

W/ regards to my process, yeaps. It was a tad longer but getting the decision wasn't bad in waiting. Just in between getting docs and waiting for appt dates-->that's what made it a long process.

[Aussie-Amero]

Hi PP, Cynthia, Ginger and others....great to read the information posted from where I left it yesterday...

My main ?? now is regarding Sydney Consulate and filing I-130's. After spending 5 + hours trolling the internet, I couldn't find anything dated after 2007 (when DCF was re-instated in Sydney with conditions) to clarify the consulate's requireements. My husband was granted a semi-perm residency status in Aust on Jan 7th 2007...he has a work visa, tax file number, a job, brought 2 cats out from the states to live in Aust and other ways to prove 'Australia is his residence". What is less clear about the 'resident' conditions is the continous 6 months prior to filing....I see this requirement as you need to live in Aust/foreign country a minimum of 6 months continously before filing. This (hopefully) DOES NOT mean that, because he just left for the US for a quick holiday...after continously being here for 6 months as a resident he can't apply. If this is the case that would mean that no USC living oversea's as a foreign resident could leave their 'residence' for other country prior to submitting a I-130. As I have not see this clause interpreted this way and because as Cynthia mentioned, Consulate powers change from country to country. I know Sydney US Con - used to be slack about this as I found many people who filed I-130's in Sydney without really living here in 2006...but things change.
Guys I feel like I'm hitting a wall with clarifing this continous 6 months as a resident clause.
DO you think I should just push ahead, email the Syd consulate, lay out all the ways my husband is a resident here and not 'focus 'on the fact he left 3 weeks ago for the states? Or should it be mentioned that he left to visit his family ? I just can't see anywhere , where the Foreign consulates expect the USC never to leave the country prior to filing but they do need a minimum 6 months of continual residence.
Ginger (I think) asked whether he has definately been here for 6 months continiously prior to leaving...Jan to Jun is def 6 months.
PP and Cynthia thanks a bunch for the I-601 question answered. If there is no formal document that DOS/ USCIS send after refuting an I-130 petition, then I imagine it should be ok. I imagine it comes down to timing and again the Sydn Consulate...
Cynthia your time line is my dream line right now...it looks to me as though the simple fact of when you submitted the I-601 ....gave you the speedy award....

So again I'm thinking I should just tell them all the ways he is a resident here....regardless of if he left (after 6 months) for a holiday and hope they are ok with this.
If they refuse then would be a dual sponsership of an I-130 (involving his parents as co-sponsers) through the Sydney Consulate be possible ?
Any takers ?
Cheers

Pete

[Aussie-Amero]

Hi ALL...just found Lillyfire 25's, I-601 Hardship Letter, filed and approved in Bangkok. It has been hard to souce other hardship letters for Bangkok so this is great.

This letter seems quite minimal compared to most I have read with the case of extreme hardship proposed. What do you think guys ?

Link: http://discuss.ilw.com/eve/forums/a/tpc/f/902603441/m/78010900141





Posted June 17, 2007 11:35 AM Hide Post
APPROVED, UNLAWFUL PRESENCE
Australia/Bangkok

This letter was written by Lillyfire25. It was approved in Bangkok, Thailand.

1. My husband recently went for his interview for a K-3 visa and was told that because he had spent about 2 years in the U.S. after his visitor visa expired, he was inadmissable and needed a waiver.

2. My husband and I have been apart now for over a year and a half waiting for his visa to be approved. We have been told that it can take up to another year. This has been devastating news for me.

3. ***XX and I met in June of 2000 in ***XX. We quickly fell in love and I became pregnantthat August. I had our son, ***, in May 2001. ***XX remained in the U.S. beyond the expiration date of the I-94 card because he wanted to be with me through the pregnancy. We annted to start our family, and we were married in September 2001.

4. ***XX wanted to return to NZ, so we never filed his AOS. We went to NZ in August 2002 and then moved to Australia in Sept. 2002. While there, ***XX (son) and I were unable to get any sort of medical coverage. We could not afford to keep paying for doctors visits ourselves without any sort of insurance. We applied for a visa under the NZ Citizen Family Relationship section, but the wait was extremely long, and it still did not make us elgible for medical coverage.

5. When I became pregnant with our daughter in Dec. 2002, I knew I needed to come home. Not only could we not afford the medical bills of my pregnancy, I also wanted the support of my family and to be cared for by my doctors. I left Australia in June 2003. We assumed ***XX would be able to get his visa in a few months time and then join us; but we quickly learned how long the process was going to take. It was never brought to our attention that his K-3 would be denied based on his overstay. If we had, we would have filed for the waiver at the same time.

6. ***XX and I now have 2 small children together: ***XX is 3 and ***XX is one year old. It has been extremely difficult for me to provide for the children. I currently work 2 jobs and go to school.

7. Not only are we struggling financially, but our son ***XX has been recently diagnosed with Global Developmental Delays, as well as Ehler Danlos Syndrome. His speech therapist and special education teacher are concerned that he may be autistic, and now I have to take him to ****** for yet another evaluation. His special education teacher is also recommending that a Sensory Integration Specialist evaluate him as well. He requires speech and language therapy, as well as phisiotherapy for the Ehler Danlos. (see enclosed letter from ***XX CPNP) Medicaid covers the majority of the costs of ****** treatment here, and we can't afford to lose that coverage if we were to go to Australia to be with ******X, where we have already learned that we are not elgible for state-sponsored insurance.

8. It is very difficult to express the enormous amount of stress this causes me. I have been optomistic for a very long time, but how long can you keep a happy face when you haven't seen your husband in a year and a half? My daughter does not even know her father. My son only sees pictures of his daddy.

9. I can't begin to explain how difficult it is for me to do all of this alone. My Mother is my nearest family member and she lives in ****** which is over 2 hours away. The rest of my family lives on the west coast in ******X. ***XX condition not only worries me and causes me financial stress, but it also means that he requires so much more attention than I have time to give him, which breaks my heart. I am completely overwhelmed with the thought of not having my husbands support for another year. I have had to hire countless babysitters to care for my children, and besides their costs, the quality of their care has concerned me and caused me incredible stress. The children are so young, and need so much mre attention then they are getting now.

10. I am struggling both financially and emotionally without my husband. I work 2 jobs and attend school. Although I am trying my best, it is extremely difficult to raise my children alone, to see them growing up and not know who their father is, to work all night and to be too tired to spend time with them, to go to bed each night without my husband at my side, and to live without knowing when this will all get better, when we will be a family again. It is hard to hear the sadness in my husbands voice when I tell him that ***XX had an adverse reaction to the sedation for his MRI, and just as hard to tell him that his daughter is almost walking now. I am trying to be the strong one in reassuring him that he can hold us all very soon and to not give up hope that we will be together again. But to be quite honest. I feel as though I am about to have a nervous breakdown. It is an enormous job to raise an infant, a child with a disability, work 2 jobs and go to school without any support or help.

11. I can't begin to tell you how much I miss my husband and the family we are just beginning. The children and I just want ****** here with us. I love and miss him tremendously. If there is any other information you need, please do not hesitate to contact me.

[kitkat1]

Aussiewench is a GREAT resource and went through Sydney - but no waiver. Try www.familybasedimmigration.com - you won't have any trouble finding her there but she's not on VJ anymore.

[Cynthia]

Pete, so sorry, I forgot to mention her letter is in i2us Approved HSLs as well... :)

[Cynthia]

Hi PP, Cynthia, Ginger and others....great to read the information posted from where I left it yesterday...

My main ?? now is regarding Sydney Consulate and filing I-130's. After spending 5 + hours trolling the internet, I couldn't find anything dated after 2007 (when DCF was re-instated in Sydney with conditions) to clarify the consulate's requireements. My husband was granted a semi-perm residency status in Aust on Jan 7th 2007...he has a work visa, tax file number, a job, brought 2 cats out from the states to live in Aust and other ways to prove 'Australia is his residence". What is less clear about the 'resident' conditions is the continous 6 months prior to filing....I see this requirement as you need to live in Aust/foreign country a minimum of 6 months continously before filing. This (hopefully) DOES NOT mean that, because he just left for the US for a quick holiday...after continously being here for 6 months as a resident he can't apply. If this is the case that would mean that no USC living oversea's as a foreign resident could leave their 'residence' for other country prior to submitting a I-130. As I have not see this clause interpreted this way and because as Cynthia mentioned, Consulate powers change from country to country. I know Sydney US Con - used to be slack about this as I found many people who filed I-130's in Sydney without really living here in 2006...but things change.
Guys I feel like I'm hitting a wall with clarifing this continous 6 months as a resident clause.
DO you think I should just push ahead, email the Syd consulate, lay out all the ways my husband is a resident here and not 'focus 'on the fact he left 3 weeks ago for the states? Or should it be mentioned that he left to visit his family ? I just can't see anywhere , where the Foreign consulates expect the USC never to leave the country prior to filing but they do need a minimum 6 months of continual residence.
Ginger (I think) asked whether he has definately been here for 6 months continiously prior to leaving...Jan to Jun is def 6 months.
PP and Cynthia thanks a bunch for the I-601 question answered. If there is no formal document that DOS/ USCIS send after refuting an I-130 petition, then I imagine it should be ok. I imagine it comes down to timing and again the Sydn Consulate...
Cynthia your time line is my dream line right now...it looks to me as though the simple fact of when you submitted the I-601 ....gave you the speedy award....

So again I'm thinking I should just tell them all the ways he is a resident here....regardless of if he left (after 6 months) for a holiday and hope they are ok with this.
If they refuse then would be a dual sponsership of an I-130 (involving his parents as co-sponsers) through the Sydney Consulate be possible ?
Any takers ?
Cheers

Pete

Pete, are you talking about the Affidavit of Support (I-864)? I-130 is filed to prove that your marriage is legit.

[Aussie-Amero]

Hey Cynthia....now with I-130 filing with oversea's consular offices the USC must prove he is a resident of that country where he is filing. Previously from what I have gathered any USC could submit I-130's while on a holiday here in Aust...which as I-130's are DCF here...many people were doing this as it is so much quicker than filing in the US or other consulates that cannot process DCF. The funny part is we have to proove my husband is a resident even to file the I-130...then we must turn around and proove he is a resident of the US still with filing the I-864...does this make more sense Cynthia ? He is attempting to live in both countries right now...so the fact of the matter is he is a resident in both countries....how to p[roove this for the I-130 ain't as clear as for the I-864.
Aust stopped accepting I-130's from Jan to May 07 ..they have just begun accepting them again but no-one (not even aussie-wench - the guru on Syd US con) knows how to establish if he can file an I-130 (proof of aust Residency..USCIS ain't come up with a form for this yet..that I know of and so there's no fast rule right now that I know of)..
I may wait until my husband returns from US to go for it which is in Aug...US consulate here just emailed me asking me to confirm he can file a I-130 here. I believe that according to the USCIS and State Dept website he can...
Does this make sense Cynthia ?
hope your all well
My head hasn't stopped spinning with this stuff since last week....I have to learn how to disengage and get on with other parts of my life but it feels very hard considering what we are dealing with.

[Cynthia]

Hey Cynthia....now with I-130 filing with oversea's consular offices the USC must prove he is a resident of that country where he is filing. Previously from what I have gathered any USC could submit I-130's while on a holiday here in Aust...which as I-130's are DCF here...many people were doing this as it is so much quicker than filing in the US or other consulates that cannot process DCF. The funny part is we have to proove my husband is a resident even to file the I-130...then we must turn around and proove he is a resident of the US still with filing the I-864...does this make more sense Cynthia ? He is attempting to live in both countries right now...so the fact of the matter is he is a resident in both countries....how to p[roove this for the I-130 ain't as clear as for the I-864.
Aust stopped accepting I-130's from Jan to May 07 ..they have just begun accepting them again but no-one (not even aussie-wench - the guru on Syd US con) knows how to establish if he can file an I-130 (proof of aust Residency..USCIS ain't come up with a form for this yet..that I know of and so there's no fast rule right now that I know of)..
I may wait until my husband returns from US to go for it which is in Aug...US consulate here just emailed me asking me to confirm he can file a I-130 here. I believe that according to the USCIS and State Dept website he can...
Does this make sense Cynthia ?
hope your all well
My head hasn't stopped spinning with this stuff since last week....I have to learn how to disengage and get on with other parts of my life but it feels very hard considering what we are dealing with.


Petition for Alien Relative Form I-130
Purpose of Form :
A citizen or lawful permanent resident of the United States may file this form to establish the relationship to certain alien relatives who wish to immigrate to the United States.

It doesn't matter where one files the I-130, DCF or file transfer, it's still a I-130. I-130 is still I-130 wherever or however one files it. And same goes w/ I-129. It's just how one goes about to file the petition, get it approved and move on to the nxt immigration phase. AT least, that's to my understanding.

I am not a resident of Germany but since we've been residing there due to military orders, that was all it was needed for my supporting docs that I can do DCF. Not because of military orders but the DATE since we've been residing in Germany continuously, ykwim? And my passport. It has a stamp of arrival in Germany that showed proof that I've arrived in 2002. And even tho it showed that I've exited/entered Germany, it was no longer than 6 mths. Started my process in 2005 and that in short, fulfills USC's ability to file DCF for me.

That's great news that you're able to do DCF. :) I would definitely call or email the embassy whether or not your hubby can do DCF. If they say no, then bring up the USCIS or the other website as proofs that he CAN/eligible to do DCF. AT least this way, it'll solve the stress can-I-or-can't-I-do-DCF and concentrate on the nxt steps.

[Cynthia]

My head hasn't stopped spinning with this stuff since last week....I have to learn how to disengage and get on with other parts of my life but it feels very hard considering what we are dealing with.

Try this at 7 months pregnant and stressed out totally?..:)...I swear, I thought it was gonna make me go to a premature delivery. So, we understand. It's not easy, definitely. We're here for Venting out and emotional support as well.

One day at a time. Try not to let it get into you as it can get pretty overwhelming if not "crazy". And I thought it did to me..lol...

[Aussie-Amero]

Hey cynthia and the rest....had some encouraging news about DCF Syd....someone in a similar boat said they could file a I-130 here with husband (USC) in similar 'residence" circumstances...so I do feel like when my husband returns we will attempt to file here using those US CIS and state Dep announcements as a reference for consulate....
Also found another Aussie who last year DID submit his I-601 in Sydney when called in for the last I-130 interview. He knew he would be rejected based on an old 'Crimes of immoral.....' charge..had the I-601 package ready and Sydney accepted it on the spot..
His case was heard and waivered (not using a lawyer either) in 6 weeks in Bangkok. So I believe this guy has JUST broken the record (that I can find) of submitting an I-130 oversea's, having it rejected, submitting an I-601, sending it to another consulate..and winning the waiver. All in 2.5 months. Unbelievable stuff...you guys are my legal eagle hero's because both of you did this sans a lawyer.
Cynthia I can't believe you did this while being pregnant. Seriously how on earth did you cope. I would of needed to be medically pacified daily if I had been in your shoes. I am hoping the 'panick ' will subside eventually.....
Thanks a bunch for your advice as it's all helping so much right now.

Take care of yourself and again mucho gracias

Cheers
pete

[Cynthia]

Pete...that's GREAT, GREAT news indeed.... Keep us posted, yes? Yippee...


P/s: Not only was preggo that time but already had 2 tots under 2 years old..lol... So, all 4 of us were dragging our clunker up and down to F'furt... Hey, good exercise I got from the walk..lol...Made my delivery smoooooth...:bounce:... Sorry, I'm being silly as usual...lol.. Take care...:wink:

[Aussie-Amero]

hey Cynthia and everyone....
ok C, now I have this image of a woman with 2 tiny kids..a bun in the oven, USC husband living in a foreign land. Shesshhh - this alone would sink the average strong female. There you are, trying to keep it all together, while taking on US immigration law, bringing up 2 kids, learning to speak German, and keeping your legs tight togther so your water doesn't break....
Have you ever thought about writing a novel/screenplay about this period of your life - which from the sounds of it....only helped confirm your strength and ability to cope with everything. As they say - what doesn't kill ya...

Good to hear from you Gilbrator (as in rock)..
Cheers Pete

[Pinkpig]

hey Cynthia and everyone....
ok C, now I have this image of a woman with 2 tiny kids..a bun in the oven, USC husband living in a foreign land. Shesshhh - this alone would sink the average strong female. There you are, trying to keep it all together, while taking on US immigration law, bringing up 2 kids, learning to speak German, and keeping your legs tight togther so your water doesn't break....
Have you ever thought about writing a novel/screenplay about this period of your life - which from the sounds of it....only helped confirm your strength and ability to cope with everything. As they say - what doesn't kill ya...

Good to hear from you Gilbrator (as in rock)..
Cheers Pete

Not only that Pete, "WonderWoman" also makes bows! :D :)

We love you, Cynthia! :thumbup:

[Cynthia]

lol...Pete, that pretty much sums of everything... But then again, either I stay strong or hubby & I get stress out together, which was a No-no. I wanted hubby to be able to concentrate in his work and let me handle the immgration stuff. I got i2us (this site was my "Savior"..lol). He took care of anything supporting docs I needed from military wise and I took care the rest (again, with i2us help). Sounds easy now, but crap, it ain't before :wink:. We've already planned on a back-up plan should the waiver get denied.

Peggy dear, ya know I love ya too!...=) ~hugs~