csc inquiry

[gretchen_darren 67]

I have found out the letter from senator has been received at the CSC and read. So am now waiting to seewhat the answer is. May do nothing, but at least I have tried.

[KCJ 2]

I have found out the letter from senator has been received at the CSC and read. So am now waiting to seewhat the answer is. May do nothing, but at least I have tried.

seems like you just received your noa1 last march its too early for you to get noa2...the office might just said you havent reach the immigration timeline yet which is at least 5months..they will work on that if your petition have reached more than 5 months already..we did the same thing before..and thats what they says...but at least you tried...and who knows you are lucky enough to get your Noa2 in less then 5months,,,best of lucks...

[gretchen_darren 67]

I was surprised when the senator's office sent me a letter to call them. Then after talking with them, they agreed to do a senator inquiry, compel them to answer. I was extremely happy the senator heard me. Now the question is how do they respond. The senator's office was extremely happy and pleasantly surprised with everything I gave them. The said the letter was well written and just exactly what they needed. the hard part is the answer.. how do you answer??? I will post the letter.....

[gretchen_darren 67]

Senator..(...personal information omitted...) I wish to thank you in advance for your help and assistance in the matter of my I-129F visa application. I feel extremely honored and blessed you (a member of the “Gang of 12”) are looking into my case.

My case is as such: My fiancé and I met online December 23, 2010. We discovered she had relatives in town, which I went to meet and learn more about each other. My fiancé and I talked daily for hours at a time through meeting her family here, and talking to her daily. My fiancé and I became very close. I ended up planning a trip to her village right after New Year’s Day. At that time, I did not know how dangerous the southern region of the Philippines was. I found out how dangerous the regions was when I arrived there being asked if I wished for military escort during my stay at the airport. Plus the hotel advised me not to be on the streets after dark, or stray away from the village of my fiancé I was visiting after dark. (I was advised to sleep in the village and not attempt to come back to the hotel until daylight.) When I came back, I found the US Embassy had travel restrictions on Embassy employees to the area.

On February 24, 2011, I filed my case with an expedite cover letter via Fedex overnight with the fee paid in Money Order from Fry’s grocery store. On February 25, 2011 it was received at the Dallas lockbox. March 3, 2011, the application was received at the California Service Center (CSC) and placed under initial review. I requested an expedite based on the US Embassy recognizing the Philippine government declaring a state of emergency in the Mindanao region of the Philippines citing several rebel and terrorist activities which prove extreme emergent reasons. I also cited humanitarian needs based on the quality of life at the village. Also citing I am presently paying for her vaccinations and providing support to the family while waiting for her to enter the United States. Plus pointing out the quality of health there is extremely poor. The United States gives aid to many regions in the Philippines, however, this area is majorly overlooked. I am trying to help the village, but I am only one person.

March 16, 2011, I called the National Service Center (NSC) regarding the case. The person answering the phone asked why I was not in contact with the local Phoenix USCIS office. Then said person proceeded to tell me to contact the local Phoenix office. I requested to place a verbal expedite on the application, which was taken half-heartedly. I stated there was evidence in my application for the expedite request. No evidence was requested to be faxed or mailed in. March 17, 2011, I received a rejection notice without any consideration apart from verbal information given. The application was not even touched for reference according to the USCIS website. On April 6, 2011, I made an appointment with the local Phoenix USCIS office following up the advice on the phone. The appointment was April 15, 2011 . The appointment lasted 5 minutes, with being told by counter 7 there was nothing they could do, and to place a call to the NSC filing a “service request” on status. On April 18, 2011, I called the NCS to file a service request. I was denied placing a service request on the application since it was still under the allowable “processing time” even though I was inquiring about the expedite. The person on the phone stated, “if the expedite is not approved, there is no rejection letter sent. The adjudicator determines allowable expedite reasoning. I asked if the supervisor reviews the rejects or a director, (this is quoting the portion of exhibit “h” where the CSC states clearly ALL rejects are reviewed by a supervisor.) I was told if the adjudicator determines there is no reason for expedite, the application is left to process normally. There is no rejection letter given.

Some other things I have found out:

1) I-129F/I-130 (fiancé/spousal visa), according to the McCarran–Walter Act (Act of 1952)/ Immigration and Nationality Services Act of 1965 (Hart-Celler Act, INS, Act of 1965) as amended, was to be treated more preferentially than any other application.

2) There were reform Acts to protect and keep from abuse the spousal visa process but it is only addressing 1% (5,000 or less applications) of 350,000 to 500,000 applications a month.

3) 95% of fiancé/spousal visas are issued. However, the USCIS is vastly behind in processing I-129F applications. CSC is 5 months behind, while the Vermont Service Center and Texas Service Center are more than 6 months behind. See charts attached.

4) There were several reforms plus amendments to McCarran–Walter Act to provide tighter screening but not to extend preferential treatment to worker visas over fiancé/spousal visas. The INS and DHS has been allowed to determine processing time when original congress intent in 1952 McCarran–Walter Act and subsequent amendments was to unite immediate family members quickly.

5) The i-129F visas represent only 1% of the monthly applications at the center and take on average 5 months or more to process, while regular I-129 visas (about 10% of the monthly volume) take less than 8 weeks to process (exhibit “I” through “k”)

6) The USCIS is self funded through visa application fees, yet has chosen to lay off workers or re-assign workers based on DHS Director approvals focusing on I-129 visas, and not K1/K2/K3/k4) visas. The layoffs were claimed to budget issues waiting for congressional budget approvals. (exhibit “h”)

7) CSC runs two shifts of 700 employees and 400 contractors.

8) The I-129F and other family forms are in Division III at the CSC. The McCarran–Walter Act as amended never distinguished between I-129, I-129F(k1/k2) and I-130 (k3/k4) spousal visas. The INS, DHS, and USCIS has continually chosen to place preferential treatment on workers and NOT on families.

9) According to the CSC guidelines for 2003, ONLY IF there is a RED DOT on the envelope or application, does the application get expedited.

10) The director at CSC was appointed in August 2010.

11) Family reunification laws try to balance the right of a family to live together, or the right of a person to marry whomever he chooses, with the country's right to control immigration. A sub-case of family reunification is marriage migration, where one spouse immigrates to the country of the other spouse. Marriage migration can take place before marriage, in which case it falls under its own special category, or it can take place after marriage, in which case it falls under family reunification laws.

12) The vast majority of visa fraud is under the I-129 visa area. Many come over to work as managers in companies. By not finding “qualified” candidates locally, the managers can bring in people from their country or other countries to work in their department. There are many companies departments, if you look and surveyed the H1B visa staffing, are partly or completely by non United States residents under the guise of “unable to find local qualified workers”.

13) Te K3 visa was meant to be a fast process. The K3 visa takes a longer time then the K1 visa process. Currently, it takes about 222 days to get a fiance or spouse to rejoin the family. Immediate family (husband/wife/ fiance/children) can take nearly a year from start to finish. While a working visa only takes 8 weeks, and companies can pay extra for expedites. Families are treated “go to back of the bus“, very much like the years in the south before integration. This was not the intent of the McCarran–Walter Act. The McCarran–Walter Act as amended is to re-unite families first. Then the McCarran–Walter Act as amended allowed for workers.

14) Due to my fiance location and country, I am unable to get her a tourist visa while waiting for her I129F to be approved. In fact, the law actually forbids applying for a tourist visa or any other visa while waiting. The embassy also will not allow a visa after realizing a fiancé visa or k3/spousal visa has been applied for. My fiancé and I did not marry in her country due to the I-129F process being faster than the spousal visa process. Plus also knowing the marriage would have made her more of a target for kidnapping and ransom. Some countries have Visa waiver programs, or the embassy recognizes the K1 visa application and allows the person to travel on a tourist visa while waiting. (However, this happens is mainly in industrialized countries applying for the Visa Waiver program)

Can a bill be introduced and passed mandating immediate family (fiancé/spouse/children) be given all expedite treatment and be processed no later than 4 weeks with a maximum of 8 weeks, or a provision stating after the NOA1 is issued, the finance may travel on a tourist visa to the country while waiting on final approval?

Again, I thank you for your time in this matter. I hope you can help me in my case at the CSC to be expedited. But not only asking for me, if I have to wait I will wait. But I am also asking for help to fix the process for other families who are waiting on their loved ones to rejoin them. Please let me know your response in this matter. I am not only asking for help for me, but help in how to reform the system further then has been already done.

Sincerely,

[KCJ 2]

Senator..(...personal information omitted...) I wish to thank you in advance for your help and assistance in the matter of my I-129F visa application. I feel extremely honored and blessed you (a member of the "Gang of 12") are looking into my case.

My case is as such: My fiancé and I met online December 23, 2010. We discovered she had relatives in town, which I went to meet and learn more about each other. My fiancé and I talked daily for hours at a time through meeting her family here, and talking to her daily. My fiancé and I became very close. I ended up planning a trip to her village right after New Year's Day. At that time, I did not know how dangerous the southern region of the Philippines was. I found out how dangerous the regions was when I arrived there being asked if I wished for military escort during my stay at the airport. Plus the hotel advised me not to be on the streets after dark, or stray away from the village of my fiancé I was visiting after dark. (I was advised to sleep in the village and not attempt to come back to the hotel until daylight.) When I came back, I found the US Embassy had travel restrictions on Embassy employees to the area.

On February 24, 2011, I filed my case with an expedite cover letter via Fedex overnight with the fee paid in Money Order from Fry's grocery store. On February 25, 2011 it was received at the Dallas lockbox. March 3, 2011, the application was received at the California Service Center (CSC) and placed under initial review. I requested an expedite based on the US Embassy recognizing the Philippine government declaring a state of emergency in the Mindanao region of the Philippines citing several rebel and terrorist activities which prove extreme emergent reasons. I also cited humanitarian needs based on the quality of life at the village. Also citing I am presently paying for her vaccinations and providing support to the family while waiting for her to enter the United States. Plus pointing out the quality of health there is extremely poor. The United States gives aid to many regions in the Philippines, however, this area is majorly overlooked. I am trying to help the village, but I am only one person.

March 16, 2011, I called the National Service Center (NSC) regarding the case. The person answering the phone asked why I was not in contact with the local Phoenix USCIS office. Then said person proceeded to tell me to contact the local Phoenix office. I requested to place a verbal expedite on the application, which was taken half-heartedly. I stated there was evidence in my application for the expedite request. No evidence was requested to be faxed or mailed in. March 17, 2011, I received a rejection notice without any consideration apart from verbal information given. The application was not even touched for reference according to the USCIS website. On April 6, 2011, I made an appointment with the local Phoenix USCIS office following up the advice on the phone. The appointment was April 15, 2011 . The appointment lasted 5 minutes, with being told by counter 7 there was nothing they could do, and to place a call to the NSC filing a "service request" on status. On April 18, 2011, I called the NCS to file a service request. I was denied placing a service request on the application since it was still under the allowable "processing time" even though I was inquiring about the expedite. The person on the phone stated, "if the expedite is not approved, there is no rejection letter sent. The adjudicator determines allowable expedite reasoning. I asked if the supervisor reviews the rejects or a director, (this is quoting the portion of exhibit "h" where the CSC states clearly ALL rejects are reviewed by a supervisor.) I was told if the adjudicator determines there is no reason for expedite, the application is left to process normally. There is no rejection letter given.

Some other things I have found out:

1) I-129F/I-130 (fiancé/spousal visa), according to the McCarran–Walter Act (Act of 1952)/ Immigration and Nationality Services Act of 1965 (Hart-Celler Act, INS, Act of 1965) as amended, was to be treated more preferentially than any other application.

2) There were reform Acts to protect and keep from abuse the spousal visa process but it is only addressing 1% (5,000 or less applications) of 350,000 to 500,000 applications a month.

3) 95% of fiancé/spousal visas are issued. However, the USCIS is vastly behind in processing I-129F applications. CSC is 5 months behind, while the Vermont Service Center and Texas Service Center are more than 6 months behind. See charts attached.

4) There were several reforms plus amendments to McCarran–Walter Act to provide tighter screening but not to extend preferential treatment to worker visas over fiancé/spousal visas. The INS and DHS has been allowed to determine processing time when original congress intent in 1952 McCarran–Walter Act and subsequent amendments was to unite immediate family members quickly.

5) The i-129F visas represent only 1% of the monthly applications at the center and take on average 5 months or more to process, while regular I-129 visas (about 10% of the monthly volume) take less than 8 weeks to process (exhibit "I" through "k")

6) The USCIS is self funded through visa application fees, yet has chosen to lay off workers or re-assign workers based on DHS Director approvals focusing on I-129 visas, and not K1/K2/K3/k4) visas. The layoffs were claimed to budget issues waiting for congressional budget approvals. (exhibit "h")

7) CSC runs two shifts of 700 employees and 400 contractors.

8) The I-129F and other family forms are in Division III at the CSC. The McCarran–Walter Act as amended never distinguished between I-129, I-129F(k1/k2) and I-130 (k3/k4) spousal visas. The INS, DHS, and USCIS has continually chosen to place preferential treatment on workers and NOT on families.

9) According to the CSC guidelines for 2003, ONLY IF there is a RED DOT on the envelope or application, does the application get expedited.

10) The director at CSC was appointed in August 2010.

11) Family reunification laws try to balance the right of a family to live together, or the right of a person to marry whomever he chooses, with the country's right to control immigration. A sub-case of family reunification is marriage migration, where one spouse immigrates to the country of the other spouse. Marriage migration can take place before marriage, in which case it falls under its own special category, or it can take place after marriage, in which case it falls under family reunification laws.

12) The vast majority of visa fraud is under the I-129 visa area. Many come over to work as managers in companies. By not finding "qualified" candidates locally, the managers can bring in people from their country or other countries to work in their department. There are many companies departments, if you look and surveyed the H1B visa staffing, are partly or completely by non United States residents under the guise of "unable to find local qualified workers".

13) Te K3 visa was meant to be a fast process. The K3 visa takes a longer time then the K1 visa process. Currently, it takes about 222 days to get a fiance or spouse to rejoin the family. Immediate family (husband/wife/ fiance/children) can take nearly a year from start to finish. While a working visa only takes 8 weeks, and companies can pay extra for expedites. Families are treated "go to back of the bus", very much like the years in the south before integration. This was not the intent of the McCarran–Walter Act. The McCarran–Walter Act as amended is to re-unite families first. Then the McCarran–Walter Act as amended allowed for workers.

14) Due to my fiance location and country, I am unable to get her a tourist visa while waiting for her I129F to be approved. In fact, the law actually forbids applying for a tourist visa or any other visa while waiting. The embassy also will not allow a visa after realizing a fiancé visa or k3/spousal visa has been applied for. My fiancé and I did not marry in her country due to the I-129F process being faster than the spousal visa process. Plus also knowing the marriage would have made her more of a target for kidnapping and ransom. Some countries have Visa waiver programs, or the embassy recognizes the K1 visa application and allows the person to travel on a tourist visa while waiting. (However, this happens is mainly in industrialized countries applying for the Visa Waiver program)

Can a bill be introduced and passed mandating immediate family (fiancé/spouse/children) be given all expedite treatment and be processed no later than 4 weeks with a maximum of 8 weeks, or a provision stating after the NOA1 is issued, the finance may travel on a tourist visa to the country while waiting on final approval?

Again, I thank you for your time in this matter. I hope you can help me in my case at the CSC to be expedited. But not only asking for me, if I have to wait I will wait. But I am also asking for help to fix the process for other families who are waiting on their loved ones to rejoin them. Please let me know your response in this matter. I am not only asking for help for me, but help in how to reform the system further then has been already done.

Sincerely,

[KCJ 2]

very well said...im actually also from Basilan Mindanao...my fiancee did exactly desame thing...but still waited..after a few months they touched our case and sent us an RFE..coz we missed to sign 1 document.. ...but at least for now they`re working on our petition already..it took us 6months to wait...even we asked for expedition...we had letters from senators and appointments too...but i guess it depends on the office...we were so disappointed at that time nothing to do but wait....my fiancee went here last oct and he was also scared about the mindanao area thing and again he will visit me this May...but what he did in order for him to get a peace of mind.?,,we find a peaceful place outside mindanao and we found cebu... he rented me a bachelors pad here in cebu and make stay here and support me for a while..while we are waiting for our petition...thats the best thing he thought he could help me away from what he`s thinking in mindanao...but in your case i pray that they will really take an action on that...best of lucks...

[gretchen_darren 67]

I am glad you significant other rented a place for you in Cebu. My finance, her whole family and relatives live in the village area. Nothing is safer for her then to stay with her family. I send them money to help out as needed, get her shots, and be ready. Such as it is. the senator's office called me today. The CSC is sticking to the original decision. Nothing has changed. We talked for a while on it and the decision. I told the office I really expected no change. I really did not expect them to bend. Then I asked how to change it legislatively. He said draw up an idea. a bill, a way to reform. I told him I am here to stay to fix the issue. I have learned a lot, and the more I learn, the more I wonder why the legislation which was written for families has been ignored, in favor of those coming to work. The legislation was for families first. He said, it all starts with just one person. You may be that person. So over the next couple of weeks, I am going to do much, much research. Draw up the plan and submit to my Senator. Then ask each person here to write this senator as well, plus their senators. I will contact each and every senator and member of the house of representatives.

[gretchen_darren 67]

the k-1 code:

TITLE 8--ALIENS AND NATIONALITY

CHAPTER 12--IMMIGRATION AND NATIONALITY

SUBCHAPTER II--IMMIGRATION

Part II--Admission Qualifications for Aliens; Travel Control of Citizens

and Aliens

Sec. 1184. Admission of nonimmigrants

section (d)

http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc8.wais&start=1276764&SIZE=141191&TYPE=TEXT

[Kish.2328 9]

Did you just mentioned your fiancée is from Mindanao? Where in Mindanao?

[dmd.net 0]

I am glad you significant other rented a place for you in Cebu. My finance, her whole family and relatives live in the village area. Nothing is safer for her then to stay with her family. I send them money to help out as needed, get her shots, and be ready. Such as it is. the senator's office called me today. The CSC is sticking to the original decision. Nothing has changed. We talked for a while on it and the decision. I told the office I really expected no change. I really did not expect them to bend. Then I asked how to change it legislatively. He said draw up an idea. a bill, a way to reform. I told him I am here to stay to fix the issue. I have learned a lot, and the more I learn, the more I wonder why the legislation which was written for families has been ignored, in favor of those coming to work. The legislation was for families first. He said, it all starts with just one person. You may be that person. So over the next couple of weeks, I am going to do much, much research. Draw up the plan and submit to my Senator. Then ask each person here to write this senator as well, plus their senators. I will contact each and every senator and member of the house of representatives.

You rock man... I've written to both Sam Johnson and Kay Bailey Hutchison in the last 3 weeks but am still waiting. I think if we keep it up enough they'll have no choice but to reform. Good luck...

[gretchen_darren 67]

I am actually writing the amendments to the code. Not just suggesting the idea. I am writing the code. It will go through revisions, but i am going to write it.

[grumpymcdorky18 7]

wow you really went out of your way to have this expedited we actually have the same submission date of filling. Seems that CSC is working fast and approval is right around the corner. I hope your fiance and her family will be okay, I live in the Philippines and been to Mindanao but it wasn't too bad for me. Maybe you can also ask her to start seeking the necessary requirements such as CENOMAR, passport and her NBI clearance just in case you guys are gonna get approved. I'm sure this will still be valid once you receive your approval.

By the way, how'd you know the vaccination/shots that will be needed? I was also thinking of having these before the Medical (probably a lot cheaper) Thanks and Good luck on your expedite

[danik713 21]

The senator's office was extremely happy and pleasantly surprised with everything I gave them. The said the letter was well written and just exactly what they needed.

Interesting. Of course now I am curious as to who the Senator is. McCain or Kyl? Regardless, reelection does not seem suiting.

I hope higher ranked staff members of the given Senator's office may be able to help in your quest to make change. Once you do get your beloved here I hope you do not become complacent and retire your efforts. All the best.

[gretchen_darren 67]

vaccinations: http://en.wikipedia.org/wiki/Vaccination_schedule

Also in high risk areas such as the Philippines, you can get TB shot as well. This shot is about 80% to 90% effective.

As for giving up. No I will not. I got shuffled to the side several times. Read up the legal wording of things. I am still trying to find the legal definitions for the reasons for expedite. Everyone here has been saying reform, reform. As for me, I went looked up the code, looked up the reasons. I have exhausted all but one effort in order to get an expedite. The one left is writing the secretary of Homeland security over the USCIS. I have studied. I know the process as defined in the code. the code actually says it MUST be processed within 180 days with the exception of employee visas.

[gretchen_darren 67]

thanks for the advice on passport, cenomar and such. We got her passport back in January BEFORE, I even visited her. Wanted to make sure there would be no problems. She has here first round of shots done. there are two more months of shots to go. The NBI, police report, and cenomar will have to be redone in June/July. But she has her birth certificate, passport, and mail id. When we get approval, the medical/interview will be fast. I will just have to schedule my trip to see her. I am flying both her and her parents to manila. they have never flown on a plane nor been to manila (as far as I know, never been on the ferry either.) I can't wait to take them to TGI Friday's or Japanese teppan-yaki in Manila.