Interview CANCELLED!!!!!!???????????????

[Sinergy 3]

My thoughts exactly Robert.

As i said in the other thread I think the Embassies really arent sure whats going on and are referring back to USCIS - hopefully there should be some directive going out about this - it seems the new law is being misapplied (from what I understand from reading here).

BUT - if the checks are righteous I doubt tehy will take very long otherwise everything will just grind to a halt across the board as service centers are choked up with recalls.

And once the recalls are returned to the Embassy Im sure they will be fast-tracked for interviews.

Honestly, I would think only the VSC is facing major backups ... how many of the other service centers have a lot of NOA2 out there with NOA1 dates of 3/6/06 or later?

Funny... I was thinking the same thing earlier! For those of us from CSC/TSC, just now getting our interviews... you KNOW we had our NOA1s a LONG time ago! Maybe that's why the VSC as suddenly put the brakes on as well?

I was thinking the same, if you noticed, CSC didnt move for damn there 3 weeks and then started throwing NOA2's at ppl left and right up to the middle and end of FEBRUARY NOA1 dates, then VSC stopped as well.

[Aquelunya 0]

It's time for the American public to take a stand against these backroom secret congressional decisions...

You can sigh the petition to repeal this law here...

<http://www.petitiononline.com/mod_perl/signed.cgi?imbra05>

What will this petition do? I agree it is wrong, but will it help?

[Vagina Journey 0]

I've been crying non-stop since then, and I have no clue as to whats really going on!!!

Im so sorry to hear this.....BIG BIG BIG HUGS And loads Of Love

Kelle

[dmartmar 1]

I don't buy that "new law" excuse. Something is ust not right! It's not fair! Only 3 days away and they drop us off just like that.

Why not? If the "new law" is not good enough of an excuse for you, then maybe the USCIS shouldn't be the one to blame, or so I would think.

Ever since the US started with all of its Immigration Reforms, things have been made harder and harder for non-USCs, and rightly so!

Edited May 12, 2006 by dmartmar

[elizaxyz 0]

Well, ####. My NOA1 is dated 4/11/06; we've been waiting for him to receive packet 3. Presumably we'll be going back to step one now.

Christ, this pisses me off. It shouldn't, as the law is designed to protect women going through marriage brokers, which isn't a bad thing. But I just want to have this over with and have him here. I knew our speedy processing was too good to be true.

Edited May 12, 2006 by elizaxyz

[Aquelunya 0]

I don't buy that "new law" excuse. Something is ust not right! It's not fair! Only 3 days away and they drop us off just like that.

Why not? If the "new law" is not good enough of an excuse for you, then maybe the USCIS shouldn't be the one to blame, or so I would think.

Ever since the US started with all of its Immigration Reforms, things have been made harder and harder for non-USCs, and rightly so!

The reason I did not "buy" it was because when I called the Embassy myself after they have phoned my fiance, they did not mention anything about a law..the stories did not match up, PLUS back then I was not aware that such a law did exist.

Well, ####. My NOA1 is dated 4/11/06; we've been waiting for him to receive packet 3. Presumably we'll be going back to step one now.

Christ, this pisses me off. It shouldn't, as the law is designed to protect women going through marriage brokers, which isn't a bad thing. But I just want to have this over with and have him here. I knew our speedy processing was too good to be true.

Dido that

[happyimmigrant 0]

So ok i think im finally getting this:

ANYONE with an NOA1(ONE) AFTER march 6 2006 their interview will be canceled for further checks

ANYONE with an NOA1(ONE) BEFORE March 6 2006 will be ok and proceed with the interview WITHOUT cancellation.

If im wrong, please let me know.

Supposedly that's correct, but we've seen a few people online here who have had NOA1's BEFORE March 6 who have also had their interviews cancelled petitions recalled. Whether that's just bumbling on the part of the embassy workers, or if there's some other factor involved, we don't know. I would probably lean towards the former.

[BlueSurf 0]

There has got to be something more than just their attempt to implement this new law.

But, if the beneficiary has completed all the police certificates and is ready for the interview -- why hold things up? What more is there to review? Either the petitioner is a citizen and is un-married, or not. That is all the review that needs to be done prior to the interview on the petitioner, correct? Then, at interview review the financials and the police certificates of the beneficiary and move on with the thing! Why is it more complicated than that?

[Aquelunya 0]

I just called USCIS and explained my situation to them. They said that they have nothing to do with this. All the lady said is that the Embassy is just doing more checks. I told her about this new law and it did not seem that she addressed it at all. She said there have been laws in effect the whole time and the Embassy has full authority to cancel the appointment and do more checks, and she said they are doing checks on him. I thoght it was done with the police certificates, before the interview was scheduled....and she said it does not matter they are entitled to do further checks, again ON him, I'm confused. He has no criminal record. I dont think my question was answered properly.

[Bstnguy 0]

There has got to be something more than just their attempt to implement this new law.

But, if the beneficiary has completed all the police certificates and is ready for the interview -- why hold things up? What more is there to review? Either the petitioner is a citizen and is un-married, or not. That is all the review that needs to be done prior to the interview on the petitioner, correct? Then, at interview review the financials and the police certificates of the beneficiary and move on with the thing! Why is it more complicated than that?

More and more, I'm getting the feeling that this is just a mammoth screwup at some middle level of the system.

As posted elsewhere on this forum, the law specifically states that DHS is not authorized to perform any new security checks:

(iii) The Secretary of Homeland Security shall provide

to the Secretary of State any criminal background

information the Secretary of Homeland Security possesses

with respect to a petitioner under subsection

(d) or ® of section 214 of such Act (8 U.S.C. 1184).

The Secretary of State, in turn, shall share any such

criminal background information that is in government

records or databases with the K nonimmigrant visa

applicant who is the beneficiary of the petition. The

visa applicant shall be informed that such criminal

background information is based on available records

and may not be complete. The Secretary of State also

shall provide for the disclosure of such criminal background

information to the visa applicant at the consular

interview in the primary language of the visa

applicant. Nothing in this clause shall be construed

to authorize the Secretary of Homeland Security to

conduct any new or additional criminal background

check that is not otherwise conducted in the course

of adjudicating such petitions.

All it does is require the Department of State to notify the beneficiary if the petitioner has a criminal record.

Totally speculating, but the cancelled interviews may be a CYA manuever on the part of some of the embassies if they didn't have a process in place for this yet.

There are additional burdens on the USC IF they went through a marriage broker:

( B ) BACKGROUND INFORMATION.—The international

marriage broker shall collect a certification signed (in written,

electronic, or other form) by the United States client

accompanied by documentation or an attestation of the

following background information about the United States

client:

(i) Any temporary or permanent civil protection

order or restraining order issued against the United

States client.

(ii) Any Federal, State, or local arrest or conviction

of the United States client for homicide, murder, manslaughter,

assault, battery, domestic violence, rape,

sexual assault, abusive sexual contact, sexual exploitation,

incest, child abuse or neglect, torture, trafficking,

peonage, holding hostage, involuntary servitude,

slave trade, kidnapping, abduction, unlawful

criminal restraint, false imprisonment, or stalking.

(iii) Any Federal, State, or local arrest or conviction

of the United States client for—

(I) solely, principally, or incidentally engaging

in prostitution;

(II) a direct or indirect attempt to procure

prostitutes or persons for the purpose of prostitution;

or

(III) receiving, in whole or in part, of the proceeds

of prostitution.

(iv) Any Federal, State, or local arrest or conviction

of the United States client for offenses related to controlled

substances or alcohol.

(v) Marital history of the United States client,

including whether the client is currently married,

whether the client has previously been married and

how many times, how previous marriages of the client

were terminated and the date of termination, and

whether the client has previously sponsored an alien

to whom the client was engaged or married.

(vi) The ages of any of the United States client’s

children who are under the age of 18.

(vii) All States and countries in which the United

States client has resided since the client was 18 years

of age.

I will say that reading all this makes me much more comfortable about things right now, assuming the USCIC, DHS, and DoS will follow the actual law. That might be a stretch, so I'm continuing in efforts to find out info on my case in particular, but at least there is much more hope of not going into a black hole of waiting than yesterday.

Edited May 12, 2006 by Bstnguy

[tmma 467]

To the OP- I genuinely am sorry this happened to you ........3 days-OMG!

Anyway, stay strong, you two have already jumped through all the other hoops to get this far-this is just another to jump through!

The law is designed to protect the foreign fiance(e)s mainly of people go through IMB; the law itself, is not a bad thing in my opinion; what's bad because now in the initial stages of implementation-it is "dumping" on people who have come this far-and just starting to see the end of their visa process-to be finally reunited- and then ripping the rug from under them! regardless of wether they used an IMB or not ( is my understanding)

It must be so frustrating and devasting for you!

I am sorry.

Even though we did not use a IMB-and no history of criminal behaviour or abuse- because our NOA 1 is March 10, I was expecting an NOA 2 soon, but I am thinking now, maybe not soon at all...oh well ....like I said-hoops.

Stay strong-

Hang on in there

Michele

Edited May 12, 2006 by tmma

[djcess 0]

[Raqiwin 2]

I've been reading some of the posts and i'm not sure if i didn't read enough, if i missed it or whatnot...but i wanted to ask everyone, how will this "new law" affect those who hasn't gotten NOA2 yet? As far as i know they probably haven't touched my I129F for my fiancee yet since they received it Mar 16 06.

I do feel for those who may or are affected by this. Waiting for NOA2 is stressful enough and for DHS to pull this kind of stunt on all of us is clearly not satisfactory to say the least. Good luck to all and let's pray for the best!

Sherwin

[KaiserD 12]

I am so sorry for all the people going through this, I would be going out of my mind. I already am, so all I can say is thinking of you all.

I hope you all get through it soon

[Indo_mommy 0]

I'm so sorry to hear this. Hopefully they'll sort things out ASAP and you'll get your interview.