FYI: USCIS Does not follow their own instructions!!!!!

[LvivLovers 39]

First, read the following memo from the USCIS:

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

For convience I have copied this here and highlighted the relevant part:

USCIS Announces Transfer of Form I-129F (K-3-spouse of U.S. Citizens only), Petition for Alien Fiancé

Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center (NBC) began transferring Form I-129F, Petition for Alien Fiancé(e), (petitions for K-3-spouses of U.S. citizens only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this Bi-Specialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and VSC, to better manage cases and improve customer service.

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC).

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file movement and eliminate applicable costs and fees associated with immigrant visa processing.

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

This internal transfer of work does not alter the existing filing instructions for any of the forms. Accordingly, USCIS customers who file Forms I-130, I-129F (K-3-spouses of U.S. citizens only), and I-485 should continue to follow the current filing instructions on these forms. Customers affected by this transfer will receive a receipt notice from the NBC notifying them of the location to which their Form I-129F has been transferred.

USCIS customers can utilize the following methods to obtain case status information about their pending applications and petitions:

• Calling the National Customer Service Call Center at 1-800-375-5283

• Using the USCIS web-based Case Status Online located at www.uscis.gov

We wanted to pursue the CR-1 visa, but due to seeing many horror stories where people's I-130s seemed to just disappear into a black hole for a year or more, and after reading this memo from USCIS, I decided to submit both the I-130 and I-129F. That way if something happened to either form, we would still have the other path available to us. If both were approved, I figured we would have the option to apply for a K3 visa so my wife could come and stay with me while we waited for the I-130 case to be completed and then she could return to her country to interview again for the CR-1 visa. This sounded like a better option than doing AOS here in the US because I've heard it is very slow and also more expensive (not counting travel expenses). I also had heard that if you submitted an I-130 and I-129F, that usually they were approved together. So by my thinking, I figured that maybe these 2 forms sort of had independent lives until an adjudicator started to process one of them and then they would go and pull the other form also upon seeing it in their computer. Thus, I figured that maybe this would actually get us our approval more quickly. (I thought at the time the I-129F forms were processed more quickly since K3's were supposed to be faster and this might get our I-130 going more quickly). Needless to say, based on my later research, an I-130 or I-129F (for K1 visa) appear to be approved at least a month quicker than both together (for K3 visa).

Ok, anyway, back to my original gripe. So my plan was to get both forms transferred to NVC by "clearly" indicating on form I-130 that the beneficiery will use the consular process. Well, I guess it wasn't clear enough. I copied this exact phrase from their memo, increased the font size and pasted it in bold letters 3 separate times with my application (it was the only thing in bold). I put it clearly on the cover page and even further explained that although we were also planning to file an I-129F we intended to pursue a CR-1 visa at the US Embassy in her country. I again wrote this directly on the I-130 form. In addition to this, on the I-130 for Item 22 which states "Complete the information below if your relative is in the United States and will apply for adjustment of status." I referred them to a continuation sheet rather than answering directly on the I-130 and this was my answer:

"I am aware of the new USCIS policy of retaining approved I-130 petitions unless the petitioner clearly indicates that the beneficiary will use the consular process (The press release at http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf states “USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process.”). The beneficiary of this petition WILL USE THE CONSULAR PROCESS. Thank you!"

I guess this still wasn't clear enough, because I was informed today that they sent my I-130 to the National Benefit Center. I'm also guessing that if I attached something that popped up and said "MAIL THIS TO THE NVC AND DO NOT MAIL TO THE NBC" that would not be clear enough either. What is with these people?!?! If this isn't clear enough, maybe they need to better define what "clearly" means or better yet ASK US whether we want to pursue the CR-1 with this form or only plan to pursue a K3.

Overall, I think my wife Oleksandra hit the nail on the head. She said she didn't believe they would do this and the reason she thought they wouldn't listen is that they want more money. They want another $1,000+ for adjustment of status here in the US. I think she's dead on about that. It all comes down to money.

So in case anyone else reads this USCIS memo and thinks that they may be able to do like they said and get both forms approved and transferred to the NVC, I hope you find my post and realize they will not honor this at all. You need to decide up front whether you really want the K3 or the CR-1. Or better yet, if you are not already married, it would be quickest to pursue a K1. This was another mistake I made. I had heard that the K3 was slower than a K1 "because you have to file the I-130 first". When I looked into this I realized it was only about a 10 day difference, so I thought it was no big deal. But there is a bigger difference than this! The I-129Fs (at least at the time I did this analysis) submitted for a K1 are processed a month or more quicker than the I-129Fs submitted for a K3 even though it's the exact same form!

Oh well, live and learn. The only positive in all this is that now my wonderful wife will be here more quickly and although the AOS and rest of the process may be slow, at least we will finally be together again.

Good luck to everyone on your visa journey no matter which path you take! And USCIS....I hate you! hahahaha

[MargotDarko 0]

How awful for you guys!

Thank you for providing the detailed update though.

[Kez/JWolf 6]

Sad to say that what you assume before you file and the reality of USCIS are two very different things..... AOS can be all done in just a few months, but yes there are some people who wait over 12 months for AOS approval, but the majority are approved within 6 months....

Kez