A day (or 6 months) in the life of a petition

[Gary and Alla 3,696]

I continue my back and forth with the VSC director and thought this question would be of particular interest. He has responded to all my questions now and I will post them in appropriate areas and also in the pinned topic above. I am very grateful for his frank and direct answers and hope it helps VJ members to file better petitions and understand the process better.

Q. Some people have asked if you could outline the procedure for adjudicating a petition. A brief step by step.

This one could get a bit long so we'll try for the Cliff Notes version: When a petition arrives, they look for the two things that constitute a filed petition (signed and paid for). It is then data entered and placed into a receipt file. A receipt is sent to the petitioner when there are enough petitions to be processed. At this point, the names of the petitioner and beneficiary are scraped and run through a data base (same one you hear them bandy about on CSI and other cop shows) where we are looking for issues of criminality or immigration violations. If nothing untoward comes up it goes to "the shelf" to await it's turn. When an adjudicator asks for work the first petition in is the first one out. The first thing the adjudicator does is go through the file looking for other names or name variations to run through the data base. That takes 12 to 24 hours for the results to get back. If there is a problem (real or perceived) it goes to my area where the problem has to be resolved. Once the problem is resolved satisfactorily it goes back to the adjudicator. (my note...this explains some of the touches VJ members see) Most of them are fairly quick and if the required information was submitted it zips on through to approval. For an 129F or I-130 where the beneficiary is outside the US it gets bundled and sent to the National Visa Center where some more checks are made and if all is fine it waits for the next diplomatic pouch to the embassy. From then it is a DOS thing and we don't see it again until the I-485 is filed.

[Kittyfang 6]

I continue my back and forth with the VSC director and thought this question would be of particular interest. He has responded to all my questions now and I will post them in appropriate areas and also in the pinned topic above. I am very grateful for his frank and direct answers and hope it helps VJ members to file better petitions and understand the process better.

Q. Some people have asked if you could outline the procedure for adjudicating a petition. A brief step by step.

This one could get a bit long so we'll try for the Cliff Notes version: When a petition arrives, they look for the two things that constitute a filed petition (signed and paid for). It is then data entered and placed into a receipt file. A receipt is sent to the petitioner when there are enough petitions to be processed. At this point, the names of the petitioner and beneficiary are scraped and run through a data base (same one you hear them bandy about on CSI and other cop shows) where we are looking for issues of criminality or immigration violations. If nothing untoward comes up it goes to "the shelf" to await it's turn. When an adjudicator asks for work the first petition in is the first one out. The first thing the adjudicator does is go through the file looking for other names or name variations to run through the data base. That takes 12 to 24 hours for the results to get back. If there is a problem (real or perceived) it goes to my area where the problem has to be resolved. Once the problem is resolved satisfactorily it goes back to the adjudicator. (my note...this explains some of the touches VJ members see) Most of them are fairly quick and if the required information was submitted it zips on through to approval. For an 129F or I-130 where the beneficiary is outside the US it gets bundled and sent to the National Visa Center where some more checks are made and if all is fine it waits for the next diplomatic pouch to the embassy. From then it is a DOS thing and we don't see it again until the I-485 is filed.

Always nice to see/understand the inner workings of something as huge as USCIS.

[Gary and Alla 3,696]

Sorry Everyone

While cutting and pasting his email to me I left out this paragraph which goes with his answer about petitions above...

"We run into problems when the USC petitioner has a criminal record. Depending on the record he/she may fall into the Adam Walsh or IMBRA realm and that can get sticky. I would strongly recommend that you tell anyone who may have a criminal history to bypass go and proceed directly to an AILA certified laywer."

[Kittyfang 6]

Sorry Everyone

While cutting and pasting his email to me I left out this paragraph which goes with his answer about petitions above...

"We run into problems when the USC petitioner has a criminal record. Depending on the record he/she may fall into the Adam Walsh or IMBRA realm and that can get sticky. I would strongly recommend that you tell anyone who may have a criminal history to bypass go and proceed directly to an AILA certified laywer."

From your other posts where you spoke with him, it seems like the rule is: Provide what we ask for, don't make a mistake with the fees, sign everything, bring plenty of proof and you should be golden.

[jimnlena 8]

Thanks again Gary for all your time and effort!! These answers ruined a few lawyers day I imagine!! I am curious though i have a NATO Secret clearence plus additional I do not wish to disclose here, and it seems my petition went through fairly quick, If it ever comes up see if that may have speeded my "name check" Thanks again!!

[Gary and Alla 3,696]

Thanks again Gary for all your time and effort!! These answers ruined a few lawyers day I imagine!! I am curious though i have a NATO Secret clearence plus additional I do not wish to disclose here, and it seems my petition went through fairly quick, If it ever comes up see if that may have speeded my "name check" Thanks again!!

That would be another good question. The conventional wisdom is that a secret clearance can actually add to the time it takes...not becuase of YOU but because they want to make sure who someone with top clearence is "sleeping with" so to speak...well not so to speak...really! I wonder if it is true. Next time I talk to him I will try to remember. He is invited to our place Nov.1 for Alla's birthday! I'll get him all sugared up on cake and see if he talks! LOL

Thanks again Gary for all your time and effort!! These answers ruined a few lawyers day I imagine!! I am curious though i have a NATO Secret clearence plus additional I do not wish to disclose here, and it seems my petition went through fairly quick, If it ever comes up see if that may have speeded my "name check" Thanks again!!

That would be another good question. The conventional wisdom is that a secret clearance can actually add to the time it takes...not becuase of YOU but because they want to make sure who someone with top clearence is "sleeping with" so to speak...well not so to speak...really! I wonder if it is true. Next time I talk to him I will try to remember. He is invited to our place Nov.1 for Alla's birthday! I'll get him all sugared up on cake and see if he talks! LOL

Also check the pinned topic above for other responses I just got today.

[ScottThuy 140]

That would be another good question. The conventional wisdom is that a secret clearance can actually add to the time it takes...not becuase of YOU but because they want to make sure who someone with top clearence is "sleeping with" so to speak...well not so to speak...really! I wonder if it is true. Next time I talk to him I will try to remember. He is invited to our place Nov.1 for Alla's birthday! I'll get him all sugared up on cake and see if he talks! LOL

That would probably explain the NVC AP's as well... Several of us have gone through the process to get security clearances for work and are now in AP.... it seemed like a common theme to some of us and this makes me think we were right on track with it...

Aha... who is he sleeping with? What are her relatives names and what do they do? likely that they are looking more at the family or friends of the beneficiary at NVC now that I think of it... so they can note the connections in the file... I can see this taking a month or more now .. easily...

[Jenn and Fuat 2]

I continue my back and forth with the VSC director and thought this question would be of particular interest. He has responded to all my questions now and I will post them in appropriate areas and also in the pinned topic above. I am very grateful for his frank and direct answers and hope it helps VJ members to file better petitions and understand the process better.

For an 129F or I-130 where the beneficiary is outside the US it gets bundled and sent to the National Visa Center where some more checks are made and if all is fine it waits for the next diplomatic pouch to the embassy. From then it is a DOS thing and we don't see it again until the I-485 is filed.

So does this mean those of us who may be working with Consulates where there are not a huge number of petitions will sit and wait for others from the same country before being sent over to the Consulate? There seems to be some countries largely represented and some not so much so.. like Turkey. I would hate to think my petition would sit there for a long time waiting, simply because there were no other items being sent to Ankara just then.

[Brad and Vika 129]

More interestng stuff Gary. I thought the name checking (for criminal background) was done from NBC/NVC. In retrospect I'm not sure where I heard that. Could it be that the check is only for the USC, and Interpol (or whomever) is contactec at the next stop for the file?

[Gary and Alla 3,696]

I continue my back and forth with the VSC director and thought this question would be of particular interest. He has responded to all my questions now and I will post them in appropriate areas and also in the pinned topic above. I am very grateful for his frank and direct answers and hope it helps VJ members to file better petitions and understand the process better.

For an 129F or I-130 where the beneficiary is outside the US it gets bundled and sent to the National Visa Center where some more checks are made and if all is fine it waits for the next diplomatic pouch to the embassy. From then it is a DOS thing and we don't see it again until the I-485 is filed.

So does this mean those of us who may be working with Consulates where there are not a huge number of petitions will sit and wait for others from the same country before being sent over to the Consulate? There seems to be some countries largely represented and some not so much so.. like Turkey. I would hate to think my petition would sit there for a long time waiting, simply because there were no other items being sent to Ankara just then.

Only if you believe that NVC does nothing BUT fiancee visas (which it seems many people DO believe). When I went for an interview there were 6 fiancee visa applicants and about 400 for other visas. There is also much other business between NVC and the consulates.

I was somewhat afraid of this...find a guy inside the organization that knows the truth...get the truth...tell the truth...and hold on because Jack Nicholson was right...most people can't handle the truth.

Your petition and visa spends almost all its life waiting to move to the next step. It is amazing you would focus on this when the man has just told us that after you petition arrives, it sits on "the shelf" for months waiting for an adjudicator and then gets approved in a few minutes. Get a clue. NO ONE is handing off your petition like it is in a bucket brigade to Ankara. And from what I read, Ankara has its own waiting periods of many weeks until an interview. The life of a petition is 2 hours of activity (including the interview and visa issuance) all ceammed into 8 months.

Just wait until they run your health care.

More interestng stuff Gary. I thought the name checking (for criminal background) was done from NBC/NVC. In retrospect I'm not sure where I heard that. Could it be that the check is only for the USC, and Interpol (or whomever) is contactec at the next stop for the file?

Actually it is checked at each step along the way. NVC or NBC may or may not have additional access to other sources. Good question. Any members from NH here that can buddy up with someone at NVC???????

[Jenn and Fuat 2]

No, I don't believe that NVC only does the K1 visa, and I was not focusing on just that step of the process. I should have chosen my words more carefully. I simply wondered if an application would sit, waiting, if there happened to be no other documents ( of any kind) going to that particular consulate. There's enough waiting at all the other steps as it is.. and yes, I know chances are slim that my application would be the only thing at NVC going to Ankara.. but didn't think it would hurt to ask. Knowing my luck, it WOULD be the only thing and would sit there waiting forever for something else.

I will say that your posts have been very informative, have taught me more in a few weeks than months of trying to do my own research and talking to a lawyer, and I look forward to reading them.. but before I ask another question I will make sure to GET A CLUE.

[Gary and Alla 3,696]

No, I don't believe that NVC only does the K1 visa, and I was not focusing on just that step of the process. I should have chosen my words more carefully. I simply wondered if an application would sit, waiting, if there happened to be no other documents ( of any kind) going to that particular consulate. There's enough waiting at all the other steps as it is.. and yes, I know chances are slim that my application would be the only thing at NVC going to Ankara.. but didn't think it would hurt to ask. Knowing my luck, it WOULD be the only thing and would sit there waiting forever for something else.

I will say that your posts have been very informative, have taught me more in a few weeks than months of trying to do my own research and talking to a lawyer, and I look forward to reading them.. but before I ask another question I will make sure to GET A CLUE.

The person providing the answers is not with NVC and his sepculation is just that, though I presume he does have some knowledge of what happens. One could always hope that they would charter an A340 to get your petition right over there, but that is not likely. As it is, it sounds like YES it will sit in bag on the floor until the bag is full. Just as it sat on a shelf at USCIS for several months.

There is a place here on this site that attempts to track DHL shipments to the consulates, not sure how to use it because I really don't try to adsd that much stress to my life. But you can look at that and see how many packages get sent to Ankara. I would be surprised if it wasn't several per week.

Thanks, I try to get good information out to VJ members when I can.