State Department New Rule: Getting Foreign Spouse to US Not Happen (Same with Children)

[Suji to Seoul]

Check out the email. I'm pissed.

Dear Member:

We wanted to let you know about a Rules change that may affect you and your non-American family member’s ability to return to the United States.

Effective August 15, 2011, most Americans will no longer be able to use the US Consular Sections in your country of residence for immigration matters. The US Citizenship and Immigration Service (USCIS) will require that you petition directly with the USCIS in the United States to bring your foreign family with you when choose to move back to the US. (form I-130,Petition for Alien Relative).

This USCIS regulatory change is billed as a cost-cutting measure. We are delving into this issue to find more concrete information to provide our members with regard to this critical rule before it goes into effect. We have a long-standing commitment as Democrats Abroad to simplifying the path to citizenship and legal permanent residency for non-American spouses and close family members. We are working to get more information and pass this information along to our members.

Approximately 10,000 Americans living abroad would be immediately impacted by this ruling. According to Immigration lawyers this process will go from weeks to quite possibly years for those Americans who reside in the 172 countries that do not have USCIS offices. Until Aug. 15th, we will be able to submit petitions through local Consular officials—after that date, all petitions would have to be sent to the USCIS Chicago address.

If you intend to return to the US with your non-American spouse and children in the next year you should consult with a qualified US Immigration attorney before August 15th for information on how this Rules change impacts you.

The official USCIS comment period for this change, announced in the Federal Register, ended July 18. However, if you wish to contact your US Representative or US Senator in this regard please do so. Despite the end of the formal comment period, the main office of USCIS can also be contacted. Let us know if you contact either elected representatives or USCIS officials in this regard, with a copy of your message to [e-mail].

For more information on this issue be sure to join the Immigration Group on our website. Feel free to share this information with other Americans.


With best regards,

International Chair, Democrats Abroad

(emphasis mine)

Needless to say, Congressman Grijalva has been called today.

So, now, if I get married (about to), have a child (want to) and decide we decide to go back to the States (I am in Nanjing), I would have to wait until the Chicago office approves me rather than go to the Consulate in Shanghai. The US Government has put me in a position of either being an exile because I fell in love and got married or forcing me to abandon my family. . .especially if we go back because I found a job.

Maybe I am reading this wrong. My Congressman didn't think so.

Thank you whatever asshole decided to do this. Fuck you, I will still get married, but you bastards need to rot in Hell!

[midnight]

1. K&R I wonder why the process has been changed and

why it might take years now instead of weeks...

[tsuki]

2. Will the US government tear families apart when they transfer GIs stateside and they cannot

bring their foreign born wife and children. Will you be able to register a US Birth Abroad at a Consulate? Or do you have to leave your child there?

[Suji to Seoul]

3. Child yes. . .wife yes. . .but she can only come to the States through

filing paperwork with Chicago. Shanghai can't do it anymore.

Nice, huh?

[tsuki]

4. No, I am not pleased. I am writing my congress dimwit. When

son was born, I was able to go to the consulate and register An American Born Abroad. What a load.