Great letter! Sounds perfect to me. Send it like it is.

Good eye, T!

Just wondering how any of you would respond if you got that letter at *your* work?
Ever hear the saying 'You catch more flies with honey than with vinegar'?

I never even noticed the 1-4.. Chuckles...But i still like it

KITKAT,
Thanks for posting the link.

I opened the pdf file and the statement is the same from May 26th.
It doesn´t say anything about comments being collected until June 26th. That´s about the other form "EXEMPTION FROM NSEERS...".

I think you mixed them up because the file is actually quite confusing!

So we are back to where we were before.. no news at all.

If you click on the link it will take you to the Federal Register search results. If you then click on the PDF, it will open the document I am referring to - the others shown there appear to be older, previous versions. I also checked with a friend who works for the US gov to be sure I understand this correctly - after all it is government-speak. He confirmed that they requested an additional 30 days, the date the public comment expires is June 26 and beyond that is anybody's guess.


The date is May 26. The reason my email went from 1 to 4 and skipped items 2 and 3 is because I had no comment on those 2 points. I'm sure it would have been better to not write anything nasty but I no longer care. I am beyond angry. I do not have the capacity to understand the degree of incompetence.

The text says:

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 this
proposed 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.

Are you sure this is related to the I-129F? It´s still not clear to me.

Kitkat,
this is not regarding I129F. You should read from the left to the right. Then you´ll see the text you copied is referring to something else.
This is not about k1.

OH MY GOD
I never even questioned the person who sent it to me - he will totally clear on the fact that I was referring to the K1 situation. If you are indeed correct, 10000000000000 apologies for freaking everyone out even more. I am not even going to look on any more stupid confusing government websites.

Sorry!

Honestly, I did not even freaked out. I´d be happy to receive something before July.
I´m afraid this is a huge thing and it will take forever.

Nothing happened today. Let´s wait and see how tomorrow is gonna be.

OK. Hold on one second. I sent a note back to my government guy. He said, read through the PDF - the top part refers to something completely unrelated. The bottom part clearly states it is reference to the K1 application form. I wish there was a way to attach the PDF here. But I reviewed it carefully. It says:

Overview of This Information Collection
(1) Type of Information Collection:
Revision of a currently approved information collection.
(2) Title of the Form/Collection: Petition for Alien Fiance(e).
(3) Agency form number, if any, andthe applicable component of the
Department of Homeland Security sponsoring the collection: Form I–129F.
U.S. Citizenship and Immigration Services.
(4) Affected public who will be asked or required to respond, as well as a brief
abstract: Individuals or Households. This information is collected by USCIS
to determine whether satisfactory evidence has been submitted by a U.S.
citizen to establish that the parties are married, in the case of a citizen seeking
to obtain a nonimmigrant visa for his or her spouse.
(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 200,000 responses at 1 hour and 30 minutes (1.50) per response.
(6) An estimate of the total public burden (in hours) associated with the collection: 300,000 hours.

Filed 5–25–06; 8:45 am

It goes on to say that it was first published on Feb. 28, they didn't get enough comments, and now they have requested an extension:

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.


Now I don't know what to think but it appears to me that on May 25 they requested an extension of the public comment period until June 26.

If you look here: http://www.uscis.gov/graphics/formsfee/forms/pra/index.htm you can see the various stages of the forms and requests although the particular PDF that I am referring to is not posted here. You can find it here: 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.

What do you guys think? Have I completely lost my mind?

That´s in the third column of page 2, which is not about k1.
That´s what I got..

Here is the attached pdf.

hey how'd you do that?

well now you guys can read for yourselves and see how confusing it is!

But thanks rlt - I HAVE lost my mind.

Yes, I agree with rlt. It has to do with another form, and not our good old I-129F...

Magic

It appears the first part deals with individuals with mental illness and after that Form I-129F.

The confusing thing is this. It's dated May 26. Is it new or is it the same old thing with a new date? It makes it sound like there is a new 60 day extension as of May 26 - meaning no approval on the new I-129F until July 26 but it doesn't say that specifically in this document. I am clear that the other one that clearly stated an extension was in reference to something else, but what is this? My government guy says this means another 60 days. : (




[Federal Register: May 26, 2006 (Volume 71, Number 102)]
[Notices]
[Page 30434-30435]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my06-104]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Citizenship and Immigration Services


Agency Information Collection Activities; Revision of a Currently
Approved Information Collection; Comment Request

ACTION: Notice of 60-day information collection under review: Petition
for Alien Fiance(e); Form I-129F. OMB Control No. 1615-0001.
-----------------------------------------------------------------------

The Department of Homeland Security (DHS), U.S. Citizenship and
Immigration Services (USCIS) has submitted an emergency information
collection request (ICR) utilizing emergency review procedures, to the
Office of Management and Budget (OMB) for review and clearance in
accordance with section 1320.13(a)(1)(ii) and (a)(2)(iii) of the
Paperwork Reduction Act of 1995. The USCIS has determined that it
cannot comply with the normal clearance procedures under this part
because normal clearance procedures are likely

[[Page 30435]]

to prevent or disrupt the collection of information.
If granted, the emergency approval is only valid for 180 days. All
comments and/or questions pertaining to this pending request for
emergency approval must be directed to OMB, Office of Information and
Regulatory Affairs, Attention: Desk Officer, Department of Homeland
Security, 725-17th Street, NW., Suite 10235, Washington, DC 20503.
During the first 60 days of this period, a regular review of this
information collection is also being undertaken. 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, 3rd floor, 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 No. 1615-0001 in the subject
box. 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.

Overview of This Information Collection

(1) Type of Information Collection: Revision of a currently
approved information collection.
(2) Title of the Form/Collection: Petition for Alien Fiance(e).
(3) Agency form number, if any, and the applicable component of the
Department of Homeland Security sponsoring the collection: Form I-129F.
U.S. Citizenship and Immigration Services.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Individuals or Households. This information
is collected by USCIS to determine whether satisfactory evidence has
been submitted by a U.S. citizen to establish that the parties are
married, in the case of a citizen seeking to obtain a nonimmigrant visa
for his or her spouse.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: 200,000
responses at 1 hour and 30 minutes (1.50) per response.
(6) An estimate of the total public burden (in hours) associated
with the collection: 300,000 hours.
If you have additional comments, suggestions, or need a copy of the
proposed information collection instrument with instructions, or
additional information, please visit the USCIS Web site at: http://uscis.gov/graphics/formsfee/forms/pra/index.htm
.

If additional information is required contact: USCIS, Regulatory
Management Division, 111 Massachusetts Avenue, 3rd Floor, Washington,
DC 20529, (202) 272-8377.

Dated: May 23, 2006.
Richard A. Sloan,
Director, Regulatory Management Division, U.S. Citizenship and
Immigration Services.
[FR Doc. E6-8206 Filed 5-25-06; 8:45 am]

BILLING CODE 4410-10-P

Kitkat, I´ve lost mine too... This is driving us all crazy.
---
Anyways, this is what I think about the situation at the moment:

The form is approved and will be valid for 180 days.
There´s no need to wait for the public to comment. the emergency request states that it will go for the first 60 days of the 180, while they are processing cases.

Even for those who haven´t commited any crime, a new form/questionnaire will be sent. I think the main thing about IMBRA is that they need the petitioner to sign below their answer about IMBRA (and a possible multiple k1 filling).

I wonder if right now they are actually doing something with the recall/pending petitions.
I guess they´re not.

I think what they are doing now is working on the rest, like the pumphlet, preparing instructions to the consulates, their phone officers...

I think while they were developing the new form and waiting for an approval, they figured how they will be requesting more information of those who sent heir application after March 6th. So, in my opinion, they have this planned, they are just waiting for something they need to do before sending it.
And yeah, they will do that, otherwise why would they recall the petitions? Because they need to include something else there.

What makes me relax a little bit is that tis is a check on the USC, so it´s not a huge security thing. It´s just about meeting a new law. Also, with all the emergency, I think they are working on it full time. I don´t think they are sitting back and waiting. Even if it takes time, I think they are dealing with it on a daily basis.
Think about it, they are receiving cases everyday.

What frustrates me is that they haven´t said a thing. Since they contacted the Consulates and requested the petitions back, not even the Consulates heard back from them.
Believe me, we know much more than the Consulate in my country (and they do have a very helpful staff there! they just don´t have any information).

So if you think about it, they are in a comfortable position. They control the situation. They have been quiet for over a month now and what make us think they won´t be like that for the next month? Just our hope.

I don´t know. At the same time I think we´ll be hearing from them soon, I can´t see it. They don´t change the processing dates anymore.

I still think we need someone else within the government to provide us with news. A senator, a friend, anyone...

We´ll be the last ones to know.





If granted, the emergency approval is only valid for 180 days. All
comments and/or questions pertaining to this pending request for
emergency approval must be directed to OMB, Office of Information and
Regulatory Affairs, Attention: Desk Officer, Department of Homeland
Security, 725-17th Street, NW., Suite 10235, Washington, DC 20503.
During the first 60 days of this period, a regular review of this
information collection is also being undertaken.

The way I read (and I also read this in an article of a lwyer), it means the emergency approval will allow them to work with this form for 180 days while collecting comments for the first 60.

It sounds clear to me....

The form is approved. That´s one thing. They will collect information about it during it. That´s another thing. It doesn´t say anywhere that they will only use the form after the collection is done.

OK so just one more question.

Where can I read something that shows that it was already approved? If that is the case, and they are continuing to collect comments, I can handle it.

I'm trying to get my government friend to help since my senator's office was clueless. If I show him something indicating approval, maybe he can clarify. I'm so tired of this. The lack of information is wearing me down and I'm losing my fight. I have to stick it out here until September and then I'm moving to Mexico to wait out the rest of this process with my fiance. We have a long way to go. I just thought this part was going to be the fastest and that dealing with USCIS would be much easier than dealing with the consulate in Mexico. Boy was I wrong.

There´s a link posted by Mike a few days ago (you need to search, I don´t have it here) showing the I129F on OMB website as approved.
And there´s also this link showing the form is under review, collecting comments, which is what the emergency request states.
The expiration date of the approved form on OMB website is 06/30/06. Same as the draft, same as the old one..

The fact the emergency request (http://www.uscis.gov/graphics/formsfee/forms/pra/i-129f_83-i.pdf) asks for the approval by June 9th and the fact that someone posted here an email from a Senator saying USCIS told him the form should be approved by last week, are facts that make us believe that the new form is indeed approved.

But there´s no way to give your friend a link saying "THE NEW I129F IS APPROVED AND READY TO GO.

But I do think he misunderstood the statement you posted here.

Has anyone else contacted Vermont or their service center for any updates??? I am going to call again tomorrow, but with different questions, that maybe will help us. Here is how you contact vermont directly:

1-800-375-5283
Then press 1-2-6-1
Enter Receipt Number
Then press 3-2-1

First I will ask to speak with a supervisor this time. Here are the questions I will ask:

Has my petition been thru the additional security checks now required?
Has the new I-129F Form been approved?
If not, what is the is the deadline for this form to be approved?
Has the emergency collection of information been approved?
If not, what is the deadline for this to be approved?
How will they be requestion the information from me?
Are they close to having a system set up for collecting this information?
Will the petitions be processed by earliest Receipt date to the present?

I suggest everyone needs to call, and get some answers.

Now I have a decision to make, I visited my fiancee this past December and January for 3 weeks. It has been 6 months now since I have seen her and it is killing us, because we thought her interview would be in July or at the latest August. Now we have no idea when she will interview. I will be flying there for her interview for another 3 weeks, but I hope that thee consular doesn't question why I haven't returned to see her since January. The truth, because the US government royal screwed up, but they will fail her if she would say that. I want to go back to see her so badly now, and suprise her, but it will put a financial burden on us if I fly there now and again when she has her interview. By the way she lives in Vietnam, and the plane tickets are above $1000. I wish us all luck by the end of this week.

that's a great list of questions and I hope you get answers.

In the meantime, I don't think the consular officer will question why you haven't been there since January. But I would throw caution to the wind and go surprise her. It's $1000 on your credit card. Money well spent. It's worth it.

I'm sure a lot of you have already seen this but there is a brand new thread titled "Visa Interview Cancelled at Last Minute". Billy posted this - an immigration lawyer named Cyrus Mehta had this to say:



At last - (semi) official word! But I find it quite discouraging that he made this statement only one week ago...

Mike, I would just change the first question. Ask them if while they figure this new law out, they are doing new security checks or just holding the petitions waiting for further informations.

Also, ask them if they already know how the process is gonna work after IMBRA or if they still have people deciding how things will be.

As for visiting your fiancée, I´d go for it.
I brought my girl here 2 weeks ago. I also spent a huge part of the money to do this but we feel so much stronger now. There are things money can´t buy, so use your Mastercard!

You´ll see. Everything will be easier after you do this. That´s how I see it. Not everything in life is about the future. Live the present too.

Mike,

I would love if you can ask them 2 1/2 additional key questions, which are:

Are the recalled approved petitions going to qualify for expedited processing due to USCIS error?
Whose responsibility is it to prepare the IMBRA petitioner resource pamphlets and what is the status on that?

And try to get the name and contact number of the individual at whatever level who can answer the questions Vermont can't.

Thx for staying ahead of the curve. Have a good time if you do go.

I have kept up with this thread from the very beginning since we are affected by this too. I am more confused than ever on this.

It makes you just want to scream. If I wasn't sharing an office with somebody, I would probably do that just to let off some steam!

I found something new on the USCIS website.

It's a fascimile transmission, dated 6/13/2006, in regards to K-1 visa petitions complying with IMBRA.

Go to the USCIS website, click "search" on top, and type in "6/13/2006" and the fascimile transmission will appear.

good find Rachel! here is the link

http://www.uscis.gov/graphics/publicaffair...ra_061306pn.pdf

RFE's on the way! well, "upon clearance from the OMB"

It also says the new form will be approved later this month (in keeping with that June 26th date people have been discussing.

Looks like those with petitions already in will just have to fill out an RFE - like originally surmised!
Let's hope that template is approved sooN!

Ten thousand? That's quite a backlog! Here's hoping for efficiency. Glad to finally have some news, though.

I am going to hope that this means that the RFEs can be expected before the new form is approved later this month. That is what the wording implies to me.

That's the impression I had too... that we won't have to fill out the revised I-129f, only respond to this RFE. Do you think we will be able to see online when the RFE template is approved by OMB?

Maybe this will all be cleared up by the end of June. Here's hoping!

The document talks about the current status of the new I-129F with OMB but, from how I read it, they (OMB) also have to approve the RFE template. I wonder what the current status of this RFE template is.

good find Rachel!

It sounds that way to me as well.

I'm still worried that no agency still admits to having our file! I call every week, but USCIS still says their last record of it was when it was approved on April 18, and according to the website I haven't beem touched since May 1, which I suspect was when they compiled the recall list. Is anyone else in this boat?

Thank you, Rachel!!! Thank you so much for this information!

I think we can now assume that those who have applied after March6th and are waiting for a contact won´t need to fill the new form!

We´ll get RFEs, probably the questionnaire. Not the new form itself.

I just don´t know if USCIS will be able to send the RFEs before the form is approved.
It seems all they need is to get OMB to approve the RFE template and start sending it.

In my opinion, the recalled petitions are not necessarilly first in line. Whoever gets and send back the RFEs first will get the process going faster...

Anyway, although it sucks to wait for 2 or 3 more weeks, I feel relieved that it doesn´t look like we´ll be waiting for 3 months.

That notice was actually to make us "shut up". They didn´t give us anything to make our petitions run, but they did tell us what is going on right now.

Better than yesterday, I think...

yes, but it also appears this is their way of expediting the petitions on hold, so you have to assume the template will be approved sooner than the new form will be ready for use. Someone posted on another thread that their senator's office called to tell them to expect a questionnaire of sorts within 2 weeks...

My Fiance is with me in the UK at the moment on a Visitor visa and we were planning on her staying for the full 6 months. Will this mean that she will have to go back to the USA soon to deal with this RFE as it sounds like she will have to get a copy of her police report.

Well there was nothing on the OMB website as of Friday regarding this "template" so the OMB might not even have it yet. I wouldn't assume anything with this mess.

Thank god. This is great news - thanks Rachel - especially after all the confusion yesterday.

You would think they could send the RFE before the new form is created but who knows. At least they finally had the good sense to post some clear, concrete information!

I am pleased with the information and can't wait to send in the new form later in June. I think everyone should be happy here!! Looks like someone turned on the lights and gave us hope!! I can't wait to be with my baby!!!!

Thats awesome news, best we have heard in a while!

Ok everyone, some news at last. I also called the Vermont service center and they have a message stating that no operators are on duty to answer calls. I am hoping they are giving them instruction on this. Last night I commented on the pending information collection, and told them we need to be informed of what is going on and what will be needed from us, and today we get the news. I doubt if they acted that fast, but it does make me feel alot better knowing they are finally releasing information to us, and have an idea of what we will need to do.

hee. This is why I like VJ. Hope springs eternal here!

It's good news, but I'm still sort of sad that we have still another 2 weeks of waiting before the RFE comes, and who knows how much else before an approval. I can't see me getting interviewed before October, and this is still a sickening feeling.

Thank goodness they finally threw us a bone. They should have given us this notice a month ago.

Yesterday afternoon I was feeling so peeved I was considering sending this email:

Vermont Service Center
USCIS

Re: approved K1 Application, Receipt Number EAC ##-###-#####

To whom it may concern:

I am not a convicted criminal.

I am not a sex offender.

I have never bought or sold slaves.

Sincerely Yours,

Laura - you've been so optimistic throughout this nightmare - don't give up now! Let's hope for the best case scenario - RFEs received in the next 2 weeks. Check box. Sign form. Send back Fed Ex. Maybe, just maybe, they are smart enough to process based on original NOA dates and they send FAST to NVC and then on to Brasil. I don't know how long interview dates takes there but look at it this way - there's a good chance they will have interview dates available sooner rather than later since they are not backlogged by a constant deluge of petitions. Know what I mean? Hang in there.

Luis&Laura,
after your case is approved in Vermont everything will move so fast you won´t believe it.
The Consulate in Brazil does a very good job.

My case was there 11 days after it was approved by USCIS. And 2 weeks after that I had my interview date.

After this IMBRA thing you will be with your partner very soon.

I just want this REF. Come on!!!

Are you sure Rllt? 'Cus their timelines says 52 days from approval to interview. If it goes like you said, 2 weeks from approval to consulate, and 2 more weeks for interview date, then ok, I'll be happy, but I'm not positive about my case anymore, as things went downhill right after I filed.

Kitka, thanks, but I'm not a recalled case, which is why I am worried as to how long it will take them to get to my case. I was right in front of the goal when they stopped everything. I had had 3 touches in a row, and updated dates and when I called put me into an approval within the next few days, and then, everything stopped. So my case won't be one to get re-approved and sent straight to consulate, but one to get into the line again to be approved, and going through the usual processing.

on the bright side, you are still in Vermont, and I doubt they will slow down to NSC or CSC proportions! Even clearing the recalled petitions... I just can't see them taking months to approve you. I think you will be done sooner than you fear!

My hope is that once the RFEs are returned by the USC, they will process in order of original NOA - meaning you will be processed at the front of the line. In a case like yours, there is no other processing to be done. It's simply waiting for the RFE and then you are finished. Since they are at a more or less complete standstill until we start bombarding them with RFEs, I think they should be available to process them immediately and FAST. Fingers crossed for all of us!

Wouldn't they process us pending petitions by order of RFE? I mean, if my RFE gets back to them faster than some petition in front of me, shouldn't they process it?