We are just doing "in depth" and comprehensive research. Gotta do your field work if you want to get the whole picture!!

About the "new security check" on the petitioner:

Does anyone know if they used to do this already? I think even before IMBRA, USCIS performed a background check on the petitioner.

Are they gonna check something else now or this is just a matter of "having a petition where it´s signed by the USC" that they didn´t commit those crimes?

In one of the packets I received pre-interview I needed to state that I didn´t do or don´t have an intention to do such thing.

Maybe what changes now is just that. They need the american citizen to sign this, and they need to instruct their people about disclosing this information to the benneficiary.

Only that, for this to happen, they need a new approved form.

Also, still about OMB. Does anyone know anything about it?
Are they in an "above level" then USCIS? I mean, if USCIS request an emergency, they will need to consider it or they can just ignore it?

hahahahha... i thought you just had to take your shirt off gary since its hot and humid back there. luz is probably wearing a tube top... PG rating conversation coming up. i'll bite my tongue...

GaryC and Luz are such an adorable couple that I feel the chunks rising fast...excuse me while I fetch a basin!

Thanks for making me feel better! All that makes total sense.

No, according to this link:
http://www.usaimmigrationattorney.com/nucl...p?itemid=2#more

it says MALE petitioners need a background check.
The new law is called the "International Marriage Broker Regulation Act of 2005". It requires all U.S. gentlemen who petition for a fiancee or spousal visa to provide more personal background information to Immigration Service and the State Department than ever before. It creates more restrictions in the process such as the number of fiancee or spousal petitions one can file, and how quickly a gentleman can file some visa petitions.

So why should that affect us female petitioners?

No, according to this link:
http://www.usaimmigrationattorney.com/nucl...p?itemid=2#more

it says MALE petitioners need a background check.
The new law is called the "International Marriage Broker Regulation Act of 2005". It requires all U.S. gentlemen who petition for a fiancee or spousal visa to provide more personal background information to Immigration Service and the State Department than ever before. It creates more restrictions in the process such as the number of fiancee or spousal petitions one can file, and how quickly a gentleman can file some visa petitions.

So why should that affect us female petitioners?
[/quote]


As usual our info here at VJ is more comprehensive and accurate. Despite what you read, the law applies to ALL petitioners regardless of sex, and would be unconstitutional otherwise as I understand (to discriminate on basis of sex).

Laws may discriminate on the basis of sex in certain cases...see my post in the Repeal IMBRA thread, where I explain it--my fingers are tired.

The usaimmigrationattorney link posted is a link to an immigration lawyer's blog. This particular lawyer definitely has an agenda, and many of the posted comments are of the Men's Rights bent and pretty harsh.

(Am I against men's rights? Of course not. Everyone's gotta have rights. The self-styled Men's Rights Activists, however, have a pretty strong male supremacy slant. I can spot them right off, they have the worst spelling I've ever seen.)

If we're gonna chase rumors, I'd rather stick to the ones on VJ...at least here we're all concerned for each other and not for some gender politics agenda.

That particular attorney blog has been floating around for some time, he has his own agenda. The law is gender nutuaral. The USC, male or female, has to have the checks. If you read the law it never says anything about the gender of the USC.

Also, and I may be wrong, but I believe that when my fiance' applied (unsuccessfully) for a visitor's visa, there was a form that only males age 16 - 60 (or thereabouts) had to fill out. It asked about whether he'd ever been in a war zone or took part in a battle, whether as a soldier or civilian (or guerrilla, I suppose). Female applicants were not required to complete that form. So, it seems that USCIS is NOT always gender-blind and it'd be interesting to ask why this form wasn't applicable to female applicants in the eyes of USCIS and the DHS -- women aren't always non-combatants in a war, especially in situations of guerrilla warfare. That's not to say that I think male petitioners should be treated like suspects, of course, just that the government DOES make certain distinctions.

(And you're right about the Men's Rights agenda being strongly and inherently male supremacist )

where is gary

Folks, I am starting to get scared of tomorrow, we´ve been in the dark here for so long that now I don´t believe something will happen.

OK I just mailed in my I-129F with all the supporting documents yesterday Jun10th via certified mail to the Texas Service Center in Mesquite, TX. It sounds to me as if this whole process is going to take about 10 months. Neither IMBRA or anyone else will prevent me from seeing the process through. Does anyone see any merit in my going with my fiance for the interview process?

Same here, Luis &Laura. I'm just trying to have faith that the government hasn't fleeced me out of $170.

Yeah..
I don´t think will be tomorrow just because they requested approval by June 9th.

But I think we´ll hear something within the next two weeks..

Hola Yo tambien soy de Puerto Rico. I'm also just getting started with the process. Just sent my I-129F yesterday. My fiance is from Chine. Good luck!

Good luck Aclassic, may you have a fast journey.

rlt, 2 weeks is too long. They had over a month already, I really hope they do something in less than 2 weeks.

still crossing my fingers for a fast resolution.....

I heard the 60 days applied to when the law went into effect which made it 60 days....but then again this could be wrong

All I know for sure is I want the new form or a request for more information very very soon. All this waiting is really starting to take a toll on me and Luisa!! I just want her here so we can start our lives together!!

Luis&Laura,
I agree. One day appart is even too long.
I just have this feeling that they need more time.. I don´t know, they must be working on it.. maybe it will be this week. It´s just that we never heard anything from them about releasing aomething tomorrow. We came up with that idea ourselves. I just don´t want to be depressed again if we don´t hear anything tomorrow. Remember last week? We thought the processing dates would change and they are still there.. May 22nd and that´s it.

---

Barry2005, what I meant to say was: if the government gave USCIS 60 days to start collecting criminal records from petitioners is because it´s possible to do so.
So if they only figured that out 40 days ago, it makes sense that they will start doing it soon..
Just a thought.

Tomorrow is a monday. A lot can happen during the week.
Maybe we´ll even get people receiving RFEs.

Let´s keep in touch and call USCIS again...!

I´m not saying tomorrow tomorrow, but at least this week, how much longer will they leave us on hold?

I know.
I think about that too.

Someone special told me "we must accept things we cannot change".
I don´t think we need to accept this, but we must face we can´t change it.

When I look at the big picture, can you really imagine this situation in a month from now?

Try to imagine, July 10th. Imagine if we still don´t know anything about IMBRA, nothing about our cases, no new form, no new processing dates..
I mean, this is not possible. They will do something.

So let´s keep in touch with our fiancé(e)s, and keep an eye on USCIS website.
I hope I´ll be reading here this week someone posting about the new form being available, or an email from immigration regarding IMBRA procedures, or even a note in the mail requesting information.

This is actually the first time since this thing happened that I´m optimistic about it.
It´s time to get something good.

Hey Gary! Good point on saying my embassy will get caught up while we are waiting. I know there was about an 80 day wait for the interview last time I looked. So there is some lost time made up for! I hope the extra steps or background checks for the k1's don't take weeks/months to complete.

que?

i hope the update is tommorow.

Here in the Philippines,enjoying the sun ,the food(seafood wow!!) and my baby!!

I noticed that the request was not just for the new form, but also a request for emergency information collection. This is only good for 180 days. Therefore, I don't think they are going to take their time, because they only got 180 days to collect all the information. I will be calling later today and I hope to hear something new, and good.

me to... good luck to us all

Is it morning yet? Where are the good news?

I noticed that too.
I think it all depends on how long it will take for the new form to be approved/extended...

If they requested this emergency to process applications for 180 days with the emergency call is because they can do a lot in that time.

Please post here after you call them!

Good luck!

Well, I just called. I told her that Our petition was returned do to the new IMBRA law, and asked if there were any new developments with the new form and the emergency information request. She asked for our receipt number and comes back on the phone and says, ok you wanted to know if your case has been recalled. I so no, I wanted to know when they were going to begin requesting the new information required, and how they will request it. She said, ummm we are waiting for instruction on that, and WE ARE WAITING TO. I just wanted say to her, well you are just waiting so you can continue your work, our lives are on hold. She had no timeframe. From her responses, I think she knows something, but they don't want to tell you a timeframe, because then they will be held to it. I HATE WAITING!!!!!!!!

I know! That´s the worst.

Well, I only think they are waiting indeed, but the people we speak to on the phone are not actually USCIS officers. They are instructed to give us information.
So maybe these guys are waiting but it doesn´t mean that USCIS is waiting as well. Maybe they are doing something and will let the phone-people know once they have it sorted.
That´s how I hope things are working right now...

It says on the OMB website that the I129F is still pending.
But it doesn´t have the ** meaning received recently anymore.
Don´t know if that´s good or not.

I don't even want to think at my mental state if we hear nothing this week.

*hugs*

I know what you mean. I think I have already lost the plot. Hang in there. This can't last forever.

Sorry, but this is fu*#ing bulls#@t!!!!!!!!!!

I was ok with the waiting until today!!! how the hell can they just leave everyone in the dark like this!! I think we should round up all there spouses and lock them in a cell until they resolve this issue.... now!!!!

I can't believe how this is being handled!!!!!

ok! thanks for letting me vent!!

I'm spending the last 2 day's in Poland with my fiancee and I wanted to file when I got back!! I hoped it would be resolved before my return!! it's not looking good!! I"m losing hope for a quick fix, every optimistic conclusion we have come up with has been shot down!!!!

Ok! keep prayin!! it's all we have!!

This is probably just more wishful thinking (just looking for anything positive at this point). Has anyone checked out the following web page – http://www.regulations.gov/fdmspublic/component/main. This is a web page you are directed to from the OMB’s website regarding Regulatory Matters. It is for the public to post comments on Federal Regulations listed in the Federal Register (i.e. the new I-129f petition).

If you perform a search for USCIS and All Documents then sort by date, you will see the new I-129f request for comments. If you then perform a search for USCIS and Documents Open for Comment, the new I-129f is not listed. Hopefully, this means they have closed comments early due to emergency approval.

Regardless, I'm sure we will continue to be kept in the dark but hopefully it means something positive.

But it´s showing the 60-day notice one, dated 05-26th. So dunno, I hope it´s good news.

True.
What doesn´t make much sense is that if the emergency request is approved, it would be valid for 180 days, and they would keep colleting comments for the first 60 days.

I don´t know...
The worst thing for me is that all the information we got so far were provided by members of VJ. Everytime something new came up it was posted here by someone who found it on a website.

They never contacted us. And it´s been a while now.
It doesn´t seem to me that our misery will make than release any sort of news.

I suspect USICS reason for a news blackout is that they don’t want to cause any confusion until all things are final.

Not sure if someone already posted this a few pages back. As I understand this, DHS has given notice that they have revised their original request for comments on the new proposed form and asked for ANOTHER 30 days as of May 26. This is getting out of hand. If you have not emailed your comment, NOW would be a good time to do so.

DEPARTMENT OF HOMELAND SECURITY
Immigration and Customs Enforcement Agency Information Collection Activities: Extension of an Existing
Information Collection; Comment Request
ACTION: 30-Day Notice of Information Collection under Review; Exemption from NSEERS Registration
Requirements (OMB Control No. 1653–0035).
The Department of Homeland Security, Immigration and CustomsEnforcement (ICE) has submitted the
following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on February 28, 2006 at 71 FR 10044, allowing for a 60- day public comment period. No comments were received by ICE on thisproposed information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until June 26, 2006. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), USCIS, Director, Regulatory Management Division, Clearance Office,
111 Massachusetts Avenue, 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202–272–8352 or via e-mail at rfs.regs@dhs.gov. When submitting comments by e-mail please make sure to add OMB Control Number 1653–0035. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the
functions of the agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information,
including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, including through the
use of appropriate automated, electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic submission of responses.

criminy. What public would be commenting other than people in the process who want it sped up, not extended another 30 days for more comment!

I have had to give up my apartment as of August. I will be spending the rest of this process living in a friend's basement with all my belongings in boxes around me. I can deal with it, but I noted this morning my timeline expected approval date is now one full month later than it was when I started this process! ah well. I will continue to hope that once this gets resolved, all our approvals will fly off the adjudicator's desks!

Here's a comment for them: You SUCK!!!!!!!!!!

Can you please post the link?

About the comments, I´m worried because people anti-IMBRA are sending a lot of letters, emails, etc asking OMB not to approve the new form.
I read this in a lawyer´s website.

Kitkat, please post the link to this statement. I´m lost and don´t knoe if I had read this before!
thanks!

I received this as a PDF from a friend who works for the gov. Try going here:

http://frwebgate.access.gpo.gov/cgi-bin/mu...&WAISmaxHits=40

and then click on PDF.

If that doesn't work, start at: http://www.gpoaccess.gov/fr/index.html

type "fiance" into the search box and the forms will come up - the PDF is the most recent and the one that indicates an additional 30 days of comment.

PEOPLE, Email your comments about wanting e-filing NOW

I already sent an email 2 weeks ago with my comments about e-filing.

Here's what I want to send now - is this a REALLY bad idea?

How much longer can you people drag this out? Thousands of people are stuck in limbo until a form is approved to comply with IMBRA. The bill was approved in January. The law went into effect in March. Why you could not have provided correct forms for people to use to file after March 6 in incomprehensible.

1. Clearly the information on the proposed form is necessary - check

4. Clearly petitioners whose lives are on hold due to USCIS’s inefficiency want the form to be available electronically and want to be able to e-file – check

What more do you need to know?

Sounds good to me!

Hey, they are good for sending out Transfer Notices.... I just received my 2nd notice in as many weeks (in snail mail) informing me my case has been transfered to California.

Good to see they have things under control over there.

me too - isn't it nice to have additional proof of their inefficiency?

I´m not sure I get it, isn´t that notice the non-emergency one?

EDIT: Kitka, that notice you posted is not opening up at all for me, not even by searching myself, can you tell me the date of that memo, please?

All I know is that they made a notice asking indeed for an extension, or regular processing and we´re waiting on an emergency one.

Yep, except I wonder how you go from #1 to #4. Where are numbers 2 and 3?