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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IMBRA Special Topics

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Luis&Laura
K3 hasn't been affected yet.

Gary, you might as well call and ask what's going on now, and WHY are they transfering cases to CSC, maybe NSC is not processing K1s anymore.
hockeygal
Didn't someone over on the USCIS Centres section post something about Nebraska splitting the K1 visas up between California and Vermont? Sorry, I don't know how to perform links, but there was definately a post about it.
Luis&Laura
So maybe that's it.
jen&darcy
QUOTE(hockeygal @ Jun 1 2006, 03:48 PM) *

Didn't someone over on the USCIS Centres section post something about Nebraska splitting the K1 visas up between California and Vermont? Sorry, I don't know how to perform links, but there was definately a post about it.


It was supposed to be I-129s not I-129Fs. It is posted on their website. It was effective April 1st though.
ladygatsby
Well, my senator is calling the California Service Center right now. I told him that getting information from the representatives answering phones is like pulling teeth, but he assures me he can get the information we can not. We'll see, eh?
Fortunately, he's a kind, smooth talking man and my worries of him ticking off officials who can bury my petition are at rest.
I hope.

I hope everyone here is calling their state representatives and getting them to go into action. I have also contacted my congressman and am waiting for a response from him, as well.

I have spent my entire life living with the government. I grew up overseas on military bases, my father worked as a federal agent for over thirty years, my entire family seems seeped in government agencies of one type or another...and I have seen how just a few people can make MAJOR changes.

I've seen laws passed because a small group of people did the right things to get the wheels in motion. We can seriously make a difference...but we all have to pitch in and contact the right 'gears' to make things move the way we want.

We all know that this IMBRA deal is screwing a lot of us over. I believe that all of us wouldn't have had a problem filling out that extra form or getting that background check....IF we had been advised to do so. Well, we weren't and are being held responsible for a government agency's oversight.

Get mad. Do something about it. If you would like help to write a letter or anything of the sort, please let me know and I'll send you mine or even write one for you. We are on this forum to help each other out....so please consider me a resource....as I'm sure many others would make the same offer.
hockeygal
ok, good, I guess.....


I wonder why some are being transferred. Maybe it is a good sign for you guys... at least it is a touch!? huh.gif
Baruti & Monica
Does the IMBRA background check apply to non-marriage broker visas too?
Our I -129F NOA date is April 4, 2006.
We did not use a marriage broker or a lawyer.
There have not been any updates on our case according to the USCIS website.
How do you find out if your case has been touched?
Any info is greatly appreciated!

Apologies if this was answered in an earlier post, I have scanned most of the posts and didn't see this q.
Luis&Laura
The IMBRA procedures will be affecting ALL petitions, as far as we know.
GaryC
What a load of crap!!! I just called the USCIS and accessed my case number. They gave me a recorded message about the transfer and a phone number to call to get processing info. THE NUMBER HAS BEEN DISCONNECTED!!!! I don't believe this!!!
Luis&Laura
Can´t you call and ask for a rep?
GaryC
QUOTE(Luis&Laura @ Jun 1 2006, 03:04 PM) *

Can´t you call and ask for a rep?

"All reps are busy and there is a greater than 30 minute wait". Then they hung up.
hockeygal
That's crazy! Hopefullyyou can get someone on thephone today to tell you why.

I realize it is frustrating for you to have to leave this for now (I know you are off to holiday) but at least you get to go see Luz for a while... maybe by the time you get back you will have some more answers.
tigretigre
Oy, okay. I'll see about getting in touch with Hillary's and Chuck's offices this week. My Congressman is facing a tough race this November, so I'll contact him too and see how badly he wants me to vote Republican for once in my life.

GaryC, I find it disturbing that you belong to Rush 24/7. Not because it's Rush so much as because it's 24/7. Do you get updates on how Rush slept last night, or what he just ate for a mid-morning snack? Do they tell you when Rush is on the phone or in the bathroom? Okay that would actually be really funny. I'm no longer disturbed--just amused. laughing.gif
GaryC
I just talked to my lawyer. He said that he has had a few cases transfered from NSC to CSC. He doesn't see any reason for it when it happens. He just said it happens sometime.

QUOTE(tigretigre @ Jun 1 2006, 03:17 PM) *

Oy, okay. I'll see about getting in touch with Hillary's and Chuck's offices this week. My Congressman is facing a tough race this November, so I'll contact him too and see how badly he wants me to vote Republican for once in my life.

GaryC, I find it disturbing that you belong to Rush 24/7. Not because it's Rush so much as because it's 24/7. Do you get updates on how Rush slept last night, or what he just ate for a mid-morning snack? Do they tell you when Rush is on the phone or in the bathroom? Okay that would actually be really funny. I'm no longer disturbed--just amused. laughing.gif

HAHA! It just gives me access to past shows and his reference material. I can also watch his webcam during his show.
I work midnights so I am asleep when the show is on. I can watch it at work at 3am if I want this way.
tbone
go to the uscis.gov website. if you go to search and type IMBRA there is a draft of a new I-129F including a new section on the IMBRA. not sure if this was posted.
amwo
Hi again,

I just had a meeting with one of my congresswoman's constituents. She made calls (dialed numbers I didn't recognize) to find out what is going on. Some info:

- all RECALLED cases are being held at the Vermont Service Center until new forms for the law are created and implemented.

- she called VSC and asked for a timeframe and made a poo face when she got the response (choke). "It is going to be quite awhile because all of it all has to be translated into many languages before it can be implemented." No mention of days, weeks, months - just "long time".

- K-3's are NOT affected by IMBRA

- an option is to marry in France and file a K-3 when I return

- it is not an option to marry here and file a K-3 as it will not change his visa status (tourist). He would still have to leave and wait in France

She was able to confirm our case was returned on May 25th from the consulate and is in the hands of VSC. (something I could not get confrimed from anyone.) She is also finding out more info on why mine was recalled because it shouldn't have been (her words) and will let me know.

Please forgive me if I have repeated any info already in here.

I hope this helps someone.

tbone
the draft looks like it will not require any additional documents UNLESS you have have a record or have filed k1s in the past. there is also a link to a document requesting an emergency form by June 9. is this progress?
hockeygal
everyone will stillhave to fill in a new form or addendum or whatever saying they did not meet by broker (if that is the case).

Americanwoman's post implies there is still a long wait ahead.

So.... is everyone going to run off and get married and apply for a K3?
amwo
QUOTE(tbone @ Jun 1 2006, 04:28 PM) *

the draft looks like it will not require any additional documents UNLESS you have have a record or have filed k1s in the past. there is also a link to a document requesting an emergency form by June 9. is this progress?



where is this draft? what is the link you speak of?

thanks
jen&darcy
QUOTE(hockeygal @ Jun 1 2006, 04:32 PM) *

So.... is everyone going to run off and get married and apply for a K3?


It's tempting!
m_olask
QUOTE(americanwoman @ Jun 1 2006, 09:33 PM) *

QUOTE(tbone @ Jun 1 2006, 04:28 PM) *

the draft looks like it will not require any additional documents UNLESS you have have a record or have filed k1s in the past. there is also a link to a document requesting an emergency form by June 9. is this progress?



where is this draft? what is the link you speak of?

thanks


http://www.uscis.gov/graphics/formsfee/for...-129f-draft.pdf

that, posted today.

to me, the most promising update of this whole fiasco...
GaryC
QUOTE(jen&darcy @ Jun 1 2006, 03:34 PM) *

QUOTE(hockeygal @ Jun 1 2006, 04:32 PM) *

So.... is everyone going to run off and get married and apply for a K3?


It's tempting!

I am going tomorrow to see Luz. I would marry her while I am there but it takes longer than the 2 weeks I am there. If I can find a way to speed it up I just might do that!!
kitkat1
Just got the same email about transferring to California - I posted it in another thread.

Don't know what this means

Tired of freaking out over this stuff

Getting married and doing DCF is not an option in Mexico

m_olask
just remember, the k-3 have been affected, none have been processed since march 6th either.

I would wait a little while before making any decisions sad.gif
hockeygal
QUOTE(m_olask @ Jun 1 2006, 01:40 PM) *

just remember, the k-3 have been affected, none have been processed since march 6th either.

I would wait a little while before making any decisions sad.gif



I was hoping you would all get married, thereby bumping me up in the K1 line when they finally do start processing. laughing.gif
Isabel
How do you guys know K3 - petitions are not affected by IMBRA?

Regards Isabel
tigretigre
Looking at the draft of the new form right now. I really hope someone proofreads this mofo before it's issued!

Mommy says I have something at home in the mail from "immigration"...wonder what it is!
amwo
I was hoping you would all get married, thereby bumping me up in the K1 line when they finally do start processing. laughing.gif
[/quote]

hahahahahahahahahaaaa you sooooooooo funny!!!

QUOTE(tigretigre @ Jun 1 2006, 04:51 PM) *

Looking at the draft of the new form right now. I really hope someone proofreads this mofo before it's issued!

Mommy says I have something at home in the mail from "immigration"...wonder what it is!



scary how many typos are in that thing, eh?

i hope your immi mail is gooooooooooood!
kitkat1
Aussie Wench posted this to explain how IMBRA affects K1 and K3s

ok.....for starters whenever you see 101(a)(15)(K) mentioned in the IMBRA it refers to a section of law (INA, Immigration & Nationality Act) that is for K nonimmigrants which includes both fiances ands spouses (K-1 & K-3)

Also, the processing of I-129F petitions for spouse that are processed at NBC (what used to be Missouri Service Center) has come to a halt and they are showing processing petitions with a receipt date of March 5 just as VSC is.

I will highlight a few sections of the IMBRA which also show that spouses (K-3) are also included.

‘‘(4)(A) The Secretary of Homeland Security shall create a database
for the purpose of tracking multiple visa petitions filed for fiance´(e)s and spouses under clauses (i) and (ii) of section
101(a)(15)(K). Upon approval of a second visa petition under section
101(a)(15)(K) for a fiance´(e) or spouse filed by the same United
States citizen petitioner, the petitioner shall be notified by the
Secretary that information concerning the petitioner has been
entered into the multiple visa petition tracking database. All subsequent
fiance´(e) or spouse nonimmigrant visa petitions filed by that
petitioner under such section shall be entered in the database.
‘‘((i) Once a petitioner has had two fiance´(e) or spousal petitions
approved under clause (i) or (ii) of section 101(a)(15)(K), if
a subsequent petition is filed under such section less than 10
years after the date the first visa petition was filed under such
section, the Secretary of Homeland Security shall notify both the
petitioner and beneficiary of any such subsequent petition about
the number of previously approved fiance´(e) or spousal petitions
listed in the database.

( VISA AND ADJUSTMENT INTERVIEWS.—
(1) FIANCE´ (E)S, SPOUSES AND THEIR DERIVATIVES.—During
an interview with an applicant for a K nonimmigrant visa,
a consular officers shall—
(A) provide information, in the primary language of
the visa applicant, on protection orders or criminal convictions
collected under subsection (a)(5)(A)(iii); (this is the criminal background check)

Hope that helps.

Lorelle
GaryC
They sure woke this thread up today! They have us bouncing off the walls!!!!
Baruti & Monica
Our case was just transferred to California as well : ( I have a 4 month old daughter who has never seen her father : (

I haven't told my fiance yet. I feel everyone's pain.

I thank Gosh that I joined this forum today, I wouldn't make it through the day without you guys!

Thank you for keeping me sane.

Monica
Isabel
NBC is processing March 5th regarding to the timeline, but remember it has been processing february 21st before, so there is really no proof that they are actually on hold at all.
Hm I just wonder why they dont recall K3 petitions as wel...maybe cos they havent began processing them yet?? With the receipt date after march 6th....could be a reason though.

Regards Isabel
hockeygal
QUOTE
How do you guys know K3 - petitions are not affected by IMBRA?


I thought they were... just made all these comments based on what americanwoman posted re info received from Congressman's office.
Cigarovich
Well well just when I begin to get angry...

I think I'm gonna start a new thread on this new i-129F, in ImmiLaw. Or maybe there's one there already. Well, see you there....
Razor
I received a message today from my attorney telling me I should be expecting something in the mail around the 6th of June. My reply was I already knew that tongue.gif I love being one step ahead of my attorney devil.gif
Maria&Robert

Wow. I may have found something to answer the questoin about wether or not an entirely new 129F form will have to be created thus making everyone have to start all over again, or wether or not they can just create a new form designed specifically for criminal background info and simply add it/attach it to our already existing petitions....


I wrote a letter yesterday to the US Embassy in Buenos Aires, where my fiances interview will be held. I was writing actually to find out the status of the packet 3 that we have been waiting for since April. They responded promptly by email, today. Unfortunately there was absolutely no mention of the Packet 3 wink.gif , but they attached a letter which had a few interesting clues about the IMBRA process..

Here it is...




May 31, 2006



Mr. Robert ---------------
-------OAKLAND AVE
---------, MA -----------

Re: Transfer of immigrant visa petition for
Maria Jose ------- to the NVC

Dear Mr. --------------:

We are writing to you in order to inform you that the International Marriage Broker Regulation (IMBRA) became law in early January of this year. A 60-day deadline, March 5, 2006, was established for DHS to begin asking petitioners for their criminal background information. DHS did not meet the deadline for collecting additional information. While most K-1 cases were held at the service centers pending development of a new form I-129F, some cases were processed after March 5 using the old forms and procedures. These petitions are not considered valid because they do not comply with new IMBRA procedures. Some of these approved petitions have already been sent through NVC to posts, one of them is the one you filed for Miss Maria Jose R-----.

USCIS has requested that posts not process K-1 cases with approval dates on or after March 6, 2006. DHS will send additional questionnaires to the petitioners inquiring about their possible criminal backgrounds. When the petition is compliant with the IMBRA, it will be returned to post from USCIS through NVC for processing.

Any inquiries or complaints about delays in these cases may be forwarded to USCIS for response: USCIS -- 800 375 5283
Please do not refer inquiries to NVC, as cases will be immediately transferred to USCIS.
We regret this inconvenience, but appreciate your understanding

Sincerely,


Immigrant Visa Unit
U.S. Embassy
Buenos Aires, Argentina

MrMrsKnight
So...... everyone is afected by this law? Even the couples that didn't meet through marriage brokers??
And if the petitioner has commited a crime in the past....... is it up to me to decide and they'll just inform me of that or they'll decide for me if I can/should move to the US?
hockeygal
I've been transferred to CSC too.

Just as I was reading about everyone else's transfers and whispering to myslef "please don't transfer me, please don't transfer me" I got a you have mail ding!
kitkat1
QUOTE(GaryC @ Jun 1 2006, 03:22 PM) *

I just talked to my lawyer. He said that he has had a few cases transfered from NSC to CSC. He doesn't see any reason for it when it happens. He just said it happens sometime.


please post the phone number sequence to push at the California Service Center to get a live person so I can call and find out what on earth is going on with these transfers . . .

Isabel
QUOTE(americanwoman @ Jun 1 2006, 04:28 PM) *

Hi again,

I just had a meeting with one of my congresswoman's constituents. She made calls (dialed numbers I didn't recognize) to find out what is going on. Some info:


[/color]- K-3's are NOT affected by IMBRA[color=#FF0000]


I hope this helps someone.



Regarding to this post of Aericanwoman she said K3's will NOT be affected...so what is right now?

Isabel
amwo
QUOTE(Isabel @ Jun 1 2006, 05:33 PM) *

QUOTE(americanwoman @ Jun 1 2006, 04:28 PM) *

Hi again,

I just had a meeting with one of my congresswoman's constituents. She made calls (dialed numbers I didn't recognize) to find out what is going on. Some info:


[/color]- K-3's are NOT affected by IMBRA[color=#FF0000]


I hope this helps someone.



Regarding to this post of Aericanwoman she said K3's will NOT be affected...so what is right now?

Isabel


who the *@#%! *$#@%^& #!@#~* knows!!!!!!!!!!!!!!

QUOTE(americanwoman @ Jun 1 2006, 05:35 PM) *

QUOTE(Isabel @ Jun 1 2006, 05:33 PM) *

QUOTE(americanwoman @ Jun 1 2006, 04:28 PM) *

Hi again,

I just had a meeting with one of my congresswoman's constituents. She made calls (dialed numbers I didn't recognize) to find out what is going on. Some info:


[/color]- K-3's are NOT affected by IMBRA[color=#FF0000]


I hope this helps someone.



Regarding to this post of Aericanwoman she said K3's will NOT be affected...so what is right now?

Isabel


who the *@#%! *$#@%^& #!@#~* knows!!!!!!!!!!!!!!



Wait!!! I just received a package!
Lemme open it.....
OK, unwrapping.....
Instructions......
Hold one knitting needle in hand. Place horizontally at eye level. Create a back and forth motion towards eye. Increase force. Move closer to eye until knitting needle is jabbing your bloody eye out!!!!!!!!!
ladygatsby
QUOTE(americanwoman @ Jun 1 2006, 04:39 PM) *

QUOTE(Isabel @ Jun 1 2006, 05:33 PM) *

QUOTE(americanwoman @ Jun 1 2006, 04:28 PM) *

Hi again,

I just had a meeting with one of my congresswoman's constituents. She made calls (dialed numbers I didn't recognize) to find out what is going on. Some info:


[/color]- K-3's are NOT affected by IMBRA


I hope this helps someone.



Regarding to this post of Aericanwoman she said K3's will NOT be affected...so what is right now?

Isabel


who the *@#%! *$#@%^& #!@#~* knows!!!!!!!!!!!!!!

QUOTE(americanwoman @ Jun 1 2006, 05:35 PM) *

QUOTE(Isabel @ Jun 1 2006, 05:33 PM) *

QUOTE(americanwoman @ Jun 1 2006, 04:28 PM) *

Hi again,

I just had a meeting with one of my congresswoman's constituents. She made calls (dialed numbers I didn't recognize) to find out what is going on. Some info:


- K-3's are NOT affected by IMBRA[color=#FF0000]


I hope this helps someone.



Regarding to this post of Aericanwoman she said K3's will NOT be affected...so what is right now?

Isabel


who the *@#%! *$#@%^& #!@#~* knows!!!!!!!!!!!!!!



Wait!!! I just received a package!
Lemme open it.....
OK, unwrapping.....
Instructions......
Hold one knitting needle in hand. Place horizontally at eye level. Create a back and forth motion towards eye. Increase force. Move closer to eye until knitting needle is jabbing your bloody eye out!!!!!!!!!





*L* blast it. I nearly drooled my coffee all over my keyboard thanks to you making me laugh.
I needed that.
cdngirl06
From what I understand (and I'm certainly no more of an expert in this than anyone else here), current K-3s will not be recalled because of IMBRA, future K-3s will have to meet the IMBRA requirements and I have no idea about K-3s that are still being processed...
Yodrak
Isabel,

Not americanwoman's congresswoman's "constituent" (the aide probably is a constituent, but she may not be). Not on this particular bit of information.

Yodrak

QUOTE(Isabel @ Jun 1 2006, 07:03 PM) *
QUOTE(americanwoman @ Jun 1 2006, 04:28 PM) *

Hi again,

I just had a meeting with one of my congresswoman's constituents. She made calls (dialed numbers I didn't recognize) to find out what is going on. Some info:


[/color]- K-3's are NOT affected by IMBRA[color=#FF0000]


I hope this helps someone.



Regarding to this post of Aericanwoman she said K3's will NOT be affected...so what is right now?

Isabel


jen&darcy
QUOTE(hockeygal @ Jun 1 2006, 05:26 PM) *

I've been transferred to CSC too.

Just as I was reading about everyone else's transfers and whispering to myslef "please don't transfer me, please don't transfer me" I got a you have mail ding!


This means mine must be coming momentarily! crying.gif
amwo
QUOTE(cdngirl06 @ Jun 1 2006, 05:42 PM) *

From what I understand (and I'm certainly no more of an expert in this than anyone else here), current K-3s will not be recalled because of IMBRA, future K-3s will have to meet the IMBRA requirements and I have no idea about K-3s that are still being processed...



has anyone in here had a K-3 recalled? approved, sent overseas and called back to the states?
jen&darcy
Yes in fact 5 emails. crying.gif
Neya
Well I just received 3 emails stating that my case had been moved....yada..yada...
This is interesting because my NOA date is 2May.....
I guess NSC is moving everyone.
sad.gif sad.gif sad.gif sad.gif
YnaYeBa0808
I love this thread! im going crazy here at work. i cant work... hahahahaa this is fun... i just wanted to take this time to thank everyone who posts in this thread... you guys make it easier for me to go thru each day as hard as it is... ive lost 5 pounds at last in the last week and a half stressing over this matter and really, not knowing what to do is driving me nuts. sleepless nights and no appetite to eat at all...

hugs to all of you... im trying to be positive about this and what's being done (or not being done) to implement it. im just hoping for the best despite the predicament that we are all put in. we have til tuesday to find out... im hoping it's something to set all of us right back on track.


Thanks you guys! goodluck to all of us
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