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Results 1 to 10 of 10

Thread: I-130 Stuck In LIMBO **Please Help**

  1. #1
    My I-130 case is giving my wife and I fits! Let me explain the situation so you can get a better grasp on it.

    My wife and I were married on the 11th of January (In Japan, she is a Japanese national). We had our initial appointment at the embassy in Tokyo on the 16th of January. Everything went very smoothly; our I-130 was approved as was our I-864 and all the other supporting documents. A second interview was scheduled for the 29th of January (she had to get a health checkup, criminal background report, etc. and turn it in to embassy)

    On the 23rd of January a new law went into effect that had an impact on our case. The Adam Walsh Child Protection act requires background checks of all people sponsoring someone for a family based immigration petition. Since the embassy is unable to do this background check, the whole process came to a screeching halt.

    This is the point where things get kind of fuzzy for us. We, naturally, are trying to find out what the status of our case is. Where do we go from here? What is the next step? We are told our case has been sent to USCIS and they are the ones who will process the background checks. So I call USCIS, they know nothing. I set up an appointment with an immigration officer at a local USCIS office, he knows nothing. Neither does the Embassy in Japan, the USCIS in South Korea, the USCIS in California (Cali. And Korea were where the cases were rumored to have been sent to), and the NVC all know nothing.

    We can not figure out where our case is, what is going on, and when (if ever) we are going to get any new information from ANYONE who is in a position of authority.

    IF ANYONE on this board knows anything about this policy, procedures, or anywhere I could call or contact to get more information about this it would be GREATLY appreciated. Both my wife and I are very upset about this, and have not seen each other in nearly a month now.

    Thank you again for any help!

  2. #2
    My I-130 case is giving my wife and I fits! Let me explain the situation so you can get a better grasp on it.

    My wife and I were married on the 11th of January (In Japan, she is a Japanese national). We had our initial appointment at the embassy in Tokyo on the 16th of January. Everything went very smoothly; our I-130 was approved as was our I-864 and all the other supporting documents. A second interview was scheduled for the 29th of January (she had to get a health checkup, criminal background report, etc. and turn it in to embassy)

    On the 23rd of January a new law went into effect that had an impact on our case. The Adam Walsh Child Protection act requires background checks of all people sponsoring someone for a family based immigration petition. Since the embassy is unable to do this background check, the whole process came to a screeching halt.

    This is the point where things get kind of fuzzy for us. We, naturally, are trying to find out what the status of our case is. Where do we go from here? What is the next step? We are told our case has been sent to USCIS and they are the ones who will process the background checks. So I call USCIS, they know nothing. I set up an appointment with an immigration officer at a local USCIS office, he knows nothing. Neither does the Embassy in Japan, the USCIS in South Korea, the USCIS in California (Cali. And Korea were where the cases were rumored to have been sent to), and the NVC all know nothing.

    We can not figure out where our case is, what is going on, and when (if ever) we are going to get any new information from ANYONE who is in a position of authority.

    IF ANYONE on this board knows anything about this policy, procedures, or anywhere I could call or contact to get more information about this it would be GREATLY appreciated. Both my wife and I are very upset about this, and have not seen each other in nearly a month now.

    Thank you again for any help!

  3. #3
    Have you received any letter from the USCIS regarding the transfer of you file? When my spouses file was transfer to another service center, USCIS sent me a leter that it was tranfered to a particular area for processing

  4. #4
    No, I have not gotten any letter. Neither has my wife.

  5. #5

  6. #6
    you have to visit congressman in your area and ask for help.. thats the only solution to get an answer on your case..
    Its a discussion, not a legal advise..

  7. #7
    I'm sorry that this happened at the stage you were at. I will assume that as what happened when IMBRA was implemented early last year for those that had I-129F forwarded to Consulate/Embassy, that when these I-130 petitions are sent back to USCIS they will have to match up your returned petition with your case that they have in storage. This will take time in itself. They will then conduct the necessary background/security checks before your case is returned to the Consulate/Embassy. When cases are returned to USCIS service centers in the US they will go back via NVC. When complete at USCIS they will be routed back to the Consulate/Embassy via NVC. This all takes time. I hope your wait is not too long. Read more about the Adam Walsh Act and its effect on filing I-130 at a Consulate abroad

  8. #8
    Thank you for your response, but in my case there was no I-129F (whatever that is) And this is the first case we have submitted. It was directly submitted to the embassy. I hope we do not have to wait too long either.

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dfxdeimos:
    Thank you for your response, but in my case there was no I-129F (whatever that is) And this is the first case we have submitted. It was directly submitted to the embassy. I hope we do not have to wait too long either. </div></BLOCKQUOTE>
    I'm sorry I did not mean to give that impression. What I was trying to say is that changes where made in the I-129F fiance petition process early last year and that the same process will most likely apply to this new change with the I-130. What I posted above was how the I-129F changes were handled last year and how it is most likely that the same process will apply with the returned I-130 petitions.

  10. #10
    Ohhh... forgive my misunderstanding. I will read through the link you posted. Thank you much.

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