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Immigration Reform

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Filed: Country: Russia
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Okay, so I've read that Congress is about to make a strong push to pass an immigration bill through this year. Now, I find it highly unlikely that this will actually happen. I've also heard from a couple immigration lawyers that it's unlikely to affect the K-1 process, but let's say just for argument's sake that it does go through and it does change the K-1 somehow. My question is if a change to the process that negatively effects the K-1 visa is in the bill, how would this effect petitions that have already been filed? I think I remember reading a few past posts where people who had already filed their petitions when the IMBRA law passed got RFE'd. What do yall think? Any thoughts or concerns on this?

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Okay, so I've read that Congress is about to make a strong push to pass an immigration bill through this year. Now, I find it highly unlikely that this will actually happen. I've also heard from a couple immigration lawyers that it's unlikely to affect the K-1 process, but let's say just for argument's sake that it does go through and it does change the K-1 somehow. My question is if a change to the process that negatively effects the K-1 visa is in the bill, how would this effect petitions that have already been filed? I think I remember reading a few past posts where people who had already filed their petitions when the IMBRA law passed got RFE'd. What do yall think? Any thoughts or concerns on this?

I honestly believe that there is very little value in this kind of speculation. In the first place, there is nothing to inform what the actual reform might be nor how it may even impact future cases or those in presently in the system. You're essentially asking people to guess and that's exactly what you will get, guessing. Unfortunately, guesswork has no substance and may likely leave you feeling unnecessarily better or even worse.

Unless you want general speculation akin to walking around blindfolded in the dark wondering which direction is north, I'd wait for factual information and at least then informed decisions can be made.

Just my humble perspective. :whistle:

Edited by zenaxe

2007 Nov 30: Met in Las Vegas, Nevada

2009 Jul 13: Proposed/Engaged in Sedona, Arizona

2009 Dec 26: Married in Tucson, Arizona

USCIS

2009 Dec 30: Filed I-130

2010 Jan 02: I-130 delivered

2010 Jan 07: NOA1 - email - CSC

2010 Jan 11: Received NOA1 hardcopy

2010 Mar 24: NOA2 - email & text - NVC

2010 Mar 29: Received NOA2 hardcopy

I-130 was approved in 76 days from NOA1 date

NVC

2010 Mar 30: NVC received - case# assigned - emails given to NVC

2010 Mar 30: Opted in - DS3032 emailed to NVC

2010 Mar 31: Received AOS bill & DS3032 - paid AOS

2010 Apr 05: Online payment portal confirms paid AOS(Apr 2 processing date)

2010 Apr 05: Sent I-864 package

2010 Apr 15: EP confirmation email

2010 Apr 15: IV bill generated & paid

2010 Apr 15: Email confirmation - receipt of DS3032

2010 Apr 16: IV bill confirmed paid - sent DS230 package

2010 Apr 19: NVC operator confirms I864 & DS230 documents have been received

2010 Apr 21: AVR confirms all documents received Apr 19th

2010 Apr 23: Email from NVC: case complete - confirmed by NVC - sign in fail

Completed in 24 days

CONSULATE

2010 May 27: Email from NVC - consulate received file - interview Montreal Jul 27th

2010 Jun 16: Medical @ Woking Medical Centre, Vancouver, Canada - APPROVED

2010 Jul 27: Interview @ US Consulate in Montreal, Canada - APPROVED

Your interview took 201 days from your I-130 NOA1 date

2010 Aug 13:POE Washington - APPROVED

REMOVAL OF CONDITIONS

2012 May 14 - mailed I-751

2012 May 16 - delivered @ CSC

2012 Jun 18 - I 551 stamp

2012 Jun 28 - biometrics appointment NOA notice date Jun 7

2012 Dec 20 - approved

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Filed: K-1 Visa Country: Vietnam
Timeline

My real question I guess is can a change in the legal process effect a petition that has already been filed? Or would it only apply to new petitions filed after the law has passed?

It depends on...

1. When the law goes into effect.

2. What stage(s) of the process are affected by the law.

3. What stage of the process you are currently in.

If the legal requirements change before you get to a particular stage in the process, then you will have to meet those new requirements. As you previously noted, people did get RFE's for the IMBRA declaration statement because the law went into effect after their petitions were submitted, but before they were approved. Likewise, if someone submitted a K1 petition before the new fees go into effect, but their fiancee doesn't interview until after they go into effect, then they'll end up paying the new fee.

You roll the dice, and you take your chances. ;)


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: AOS (apr) Country: Russia
Timeline

You find it doubtful anything will pass? Obama will just sign an executive order, no need for congress. As how this will affect K-1? It won't, those of us who are legal and did it legally will get nothing those breaking the law will get amnesty so they can pay taxes to pay for obamacare so they can all be covered and tax the system so the country can go bankrupt just like California..sorry just venting

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Changes to K-1 requirements and processes will likely be prospective, so your current petition will proceed without changes.


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Filed: Other Country: China
Timeline

It depends on...

1. When the law goes into effect.

2. What stage(s) of the process are affected by the law.

3. What stage of the process you are currently in.

If the legal requirements change before you get to a particular stage in the process, then you will have to meet those new requirements. As you previously noted, people did get RFE's for the IMBRA declaration statement because the law went into effect after their petitions were submitted, but before they were approved. Likewise, if someone submitted a K1 petition before the new fees go into effect, but their fiancee doesn't interview until after they go into effect, then they'll end up paying the new fee.

You roll the dice, and you take your chances. ;)

My recollection is a bit different with respect to the bold above. This IMBRA issue of getting RFE's for declarations was due to USCIS updating the I-129F to comply with IMBRA, several months AFTER the law went into effect. Those who filed before the effective date didn't get RFE's but those who filed with the non-compliant (only available) form, DID get RFE's.

This part is absolutely correct though.

It depends on...

1. When the law goes into effect.

2. What stage(s) of the process are affected by the law.

3. What stage of the process you are currently in.

If the legal requirements change before you get to a particular stage in the process, then you will have to meet those new requirements.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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Filed: K-1 Visa Country: Vietnam
Timeline

My recollection is a bit different with respect to the bold above. This IMBRA issue of getting RFE's for declarations was due to USCIS updating the I-129F to comply with IMBRA, several months AFTER the law went into effect. Those who filed before the effective date didn't get RFE's but those who filed with the non-compliant (only available) form, DID get RFE's.

This part is absolutely correct though.

It depends on...

1. When the law goes into effect.

2. What stage(s) of the process are affected by the law.

3. What stage of the process you are currently in.

If the legal requirements change before you get to a particular stage in the process, then you will have to meet those new requirements.

Ok. Thanks for correcting me! :thumbs:


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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You find it doubtful anything will pass? Obama will just sign an executive order, no need for congress. As how this will affect K-1? It won't, those of us who are legal and did it legally will get nothing those breaking the law will get amnesty so they can pay taxes to pay for obamacare so they can all be covered and tax the system so the country can go bankrupt just like California..sorry just venting

Well for the record the President has required congress to pass every single piece of legislation yet and hasn't passed any 'executive order' since taking oath. Not sure where you get your infomation from.


2007 Nov 30: Met in Las Vegas, Nevada

2009 Jul 13: Proposed/Engaged in Sedona, Arizona

2009 Dec 26: Married in Tucson, Arizona

USCIS

2009 Dec 30: Filed I-130

2010 Jan 02: I-130 delivered

2010 Jan 07: NOA1 - email - CSC

2010 Jan 11: Received NOA1 hardcopy

2010 Mar 24: NOA2 - email & text - NVC

2010 Mar 29: Received NOA2 hardcopy

I-130 was approved in 76 days from NOA1 date

NVC

2010 Mar 30: NVC received - case# assigned - emails given to NVC

2010 Mar 30: Opted in - DS3032 emailed to NVC

2010 Mar 31: Received AOS bill & DS3032 - paid AOS

2010 Apr 05: Online payment portal confirms paid AOS(Apr 2 processing date)

2010 Apr 05: Sent I-864 package

2010 Apr 15: EP confirmation email

2010 Apr 15: IV bill generated & paid

2010 Apr 15: Email confirmation - receipt of DS3032

2010 Apr 16: IV bill confirmed paid - sent DS230 package

2010 Apr 19: NVC operator confirms I864 & DS230 documents have been received

2010 Apr 21: AVR confirms all documents received Apr 19th

2010 Apr 23: Email from NVC: case complete - confirmed by NVC - sign in fail

Completed in 24 days

CONSULATE

2010 May 27: Email from NVC - consulate received file - interview Montreal Jul 27th

2010 Jun 16: Medical @ Woking Medical Centre, Vancouver, Canada - APPROVED

2010 Jul 27: Interview @ US Consulate in Montreal, Canada - APPROVED

Your interview took 201 days from your I-130 NOA1 date

2010 Aug 13:POE Washington - APPROVED

REMOVAL OF CONDITIONS

2012 May 14 - mailed I-751

2012 May 16 - delivered @ CSC

2012 Jun 18 - I 551 stamp

2012 Jun 28 - biometrics appointment NOA notice date Jun 7

2012 Dec 20 - approved

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Filed: Other Country: China
Timeline

Well for the record the President has required congress to pass every single piece of legislation yet and hasn't passed any 'executive order' since taking oath. Not sure where you get your infomation from.

Tell Bart Stupak, Obama didn't sign (you sign, not pass an executive order) any executive orders.

Anyway, this is all pretty much useless speculation. Any immigration reform that smells even the least bit like amnesty is a toxic issue at this time and highly unlikely to move forward by law OR executive order in the current political climate. I WOULD expect some fairly quick action in 2013 if Obama is re-elected though.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: K-1 Visa Country: Vietnam
Timeline

Well for the record the President has required congress to pass every single piece of legislation yet and hasn't passed any 'executive order' since taking oath. Not sure where you get your infomation from.

Actually, President Obama signed several executive orders the day he was inaugurated. He signed several more the following day. He's signed 48 executive orders since taking office. This is no big deal, as it's part of the responsibility of any executive to issue orders, and every president has done so since the country was founded. It wasn't until the early 20th century that the Department of State started categorizing and numbering these orders retroactively back to Lincoln. President Obama has used the executive order less than his predecessor (so far), but it would be practically impossible to run the Executive Branch of the federal government without issuing an occasional order.

http://www.presidency.ucsb.edu/executive_orders.php?year=2010&Submit=DISPLAY

(Select "2009" to see the rest of them.)


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Actually, President Obama signed several executive orders the day he was inaugurated. He signed several more the following day.

Right. I seem to remember an order closing the Al Qaeda Hilton down in Cuba. What happens if an Executive Order is signed, but the orderees are unable to comply? Just curious.


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Travelers - not tourists

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Filed: K-1 Visa Country: Vietnam
Timeline

Right. I seem to remember an order closing the Al Qaeda Hilton down in Cuba. What happens if an Executive Order is signed, but the orderees are unable to comply? Just curious.

Yeah, he signed three orders related to detainees the day after he was inaugurated. One of them was an order to close down the detention center at Guantanamo Bay within a year.

What happens is generally nothing. An executive order does not have the weight of law - a point which was repeatedly made when he signed an executive order promising that no federal funds would be used to pay for abortions in order to sway Bart Stupak and his followers to vote for the health care bill.

The President can only issue orders to departments that fall under the Executive Branch of the federal government. If they don't comply then about the only thing he could do is start firing people, starting with the cabinet level official at the top of the food chain. This didn't happen in the case of Gitmo because many of the President's better educated advisers told him that you can't close a prison unless you have somewhere to send the prisoners.

Anyway, DHS (and therefore USCIS) are under the Executive Branch, so the President could issue an executive order that would affect immigration. However, if his order is contrary to US law, then the other two branches of the federal government can intervene. The Judicial branch could order the department not to comply unless the Legislative branch changes the law.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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