angeldaemon13

I'm thinking about sending USCIS' email to some media outlets. Now that they've made a statement and it's circulating around the internet, the combined tale of our effort and USCIS' response might be more newsworthy. I know there won't be any changes to policy as a result, but USCIS responded to pressure, and I'm inclined to keep applying it. There's more to the story than "a backlog exists" and I'm big on people/organizations taking responsibility. Thanks to USCIS I have plenty of time apart from my SO to fill, and this seems to be as good a way as any

Thanks for your efforts and sharing the email. Reading the response by USCIS is is better than sitting in the dark wondering what's going on. At least you have some current information and they acknowledge there is a problem. If they would communicate more often, people wouldn't feel like they were dropped into a black hole.

Spot on Kaylara!!! You are absolutely right!!!!

Perhaps you truly don't understand, and that is why you can so flippantly say something like this, while you were approved and now have your fiance here already. After 7 months (give or take) of processing time. You haven't already combined your lives, you're just starting out on being together as spouses. I have actually lived and built a life with my husband already, for years. I'm 8 months into this process, and that's more than enough time to be separated from him. When I filed, the average time for the ENTIRE process was 8-9 months. The USCIS portion was not 8 months.
If their target processing time is 5 months, then their statement that I may have to wait a total of 13 months for just this first step is NOT normal. That they say it's normal, does not make it so. Nearly tripling their processing time is unacceptable. Especially given the fact that they are not processing K3's at the moment.
We don't accept this behavior with ANY other service that we pay for.
I know that if the situation were reversed, and they were taking 2 years to finish the fiance process, I'd be horrified. Not gloating to people who are hurting that I got mine quickly, and oh, don't you know that you aren't entitled to service or a processing time that doesn't stretch into years or accurate information. I'm not going over to the K1 forum and telling everyone who is adjusting their status that they deserve to be stuck in *that* limbo for whatever insane amount of time the USCIS feels like making up this month. Because it's insensitive, it's ridiculous, and it's flat out nasty to behave like that, and I don't wish that ####### on anyone either.
Seriously, if you're sick of reading about people complaining about the waiting time for their spouses, then why are you trolling threads that are obviously going to contain a lot of spouses complaining about their waiting times?

You are already approved....
I demand my petition be approved and so what ? So does everyone else here.. we paid the fee. When I started back in April, they were stating 6 months.. Whats up with that? its not normal processing times... it is just the USCIS moving the times back to cover their a$$es because they can't manage the workload

Kaylara, I'm very sorry that you have been seperated from your husband for such a long time. It is really surprising to me because as far as I know Holland is supposed to be a low fraud country. I hope you get approved soon. I will pray for you.
Mimolicious thank you for your post , yes I hope I will be one of the few lucky ones. LoL As far as your others posts are concerned...I would like to ask you , what is your opinion on the ILLEGALS being allowed to stay in the US and have their AOS applications processed in a couple of months, while the spouses of U.S. citizens who are following the law are forced to spend months even years seperated from their families.?

I demand accurate and timely adjudication of my case. This is something that I'm entitled to by virtue of having paid for a service that is not being rendered. If there is a reason why my case cannot be processed in a timely manner, then I am entitled to real and accurate information as to why. I have not received the service nor the information that I paid for.
The fact that you went through the process comparatively quickly seems to have dulled your ability to feel any compassion whatsoever for anyone who is currently being effected by the situation at the USCIS. Telling people over and over again to not be upset or complain about a ridiculous situation is not helpful. If you don't want to hear people complaining, then why are you continuing to read threads where it is clear that people are going to be upset and complaining? Why are you trying to convince people to take no action to attempt to improve their situation or to fix the clearly broken USCIS?

The USCIS and the NVC are mandated by U.S. law to provide this service to U.S. citizens. It isn't optional for them and it is actually a "right" to which you, me and everyone else on here are entitled to - they are not extending a privilege to us and they do not have discretional authority to deny a visa without cause. If you, a U.S. citizen, apply for the Visa for your immediate relative and you meet the guidelines for approval, then they are absolutely obligated to provide you that Visa for your immediate relatives. Their only authority is to exam your case and determine if you meet the approval requirements. Issuing a Visa to other Visa categories, not involving the immediate relative of a U.S. citizen is where the discretionary "privilege" comes into play. A person who is not a citizen of the U.S. and who is not being petitioned as an immediate relative of a U.S. citizen certainly doesn't have a "right" to a Visa, but I believe if they are willing to contribute to our country, they should be extended that privilege and welcomed. This country was built by immigrants and our diversity is one our greatest assets.
Regardless of my personal beliefs, we as U.S. citizens are absolutely not being extended a "privilege", the USCIS and the NVC are mandated by Federal Law to provide us this service - which makes it a "right", protected by U.S. law, and not a discretionary privilege.
It is reasonable for us to expect a fair and expeditious process.

Btw, I have no problem with the people who are finally having a way to get legal status here. I really don't. But they're already here, and with their families. We're separated from our families. Yes, I do think that we should be first in line, ahead of them, because we went a legal route to get here. We shouldn't be penalized for it.

I meant "expedited" as in considering the timeline back to the average of less than 6 months rather than over 11 months.
OMG... your timeline states that you had 21 days between NOA1 and NOA2. I'm sure you understand my point

12-16 months is not normal processing times just because they are saying it is. Because I am a citizen, the law says my case should be a top priority of the USCIS. What you are suggesting is that I should not be able to have the expectation that the USCIS follow the law, nor that I have the right to accurate information, or that I shouldn't be able to complain that the USCIS is not performing it's job. I vehemently disagree with this assessment. I may not have the right to bring my husband here, but I do have the right to have my case processed in a timely manner. What we're discussing here isn't whether or not our relationships are bonafide, because even the USCIS stats seem to show that most petitions are approved for this immigrant class. If they're going to deny our petitions, then it shouldn't take more than a year to do so.

To have our petitions processed in a timely manner? To get a service that we paid for? To get actual information regarding our cases instead of being outright lied to? To not be delayed for an indefinite period of time because the USCIS's internal processes? As it says here: http://uscgreencardpetitionerscommittee.blogspot.com/
"According to federal law, adjudicating residency petitions of US citizens, for their foreign spouses who are living abroad, must be a top priority of USCIS, in the interest of unifying our families. "
This is not what happened, and not what is happening. There is no excuse for creating this backlog. They could have continued sending our petitions to the field while they got the NBC up and running. They could have taken some people from various petition categories instead of just the I130's. They could have allowed the K3 petitions to be processed instead of joining them up and administratively closing them. There are a zillion and a half things that would have been better than how they handled it.

Many of us here have compassion for the DACA kids and agree with the idea behind it. The implementation, however, really threw us under the bus. The immigration system *IS* the problem. But because we can't get past the topic of illegal immigration, we can't focus on the actual massive problems that the system has. I understand that people are just trying to get a place in the line. But as I think that the very function of the line is screwed up right now, that's not going to fix things. Adding more people to our current system would be disastrous.

I'm really pissed off right now that my whole family voted for OBAMA who is taking care of illegal bastards while us respectful, law obeiding citizens get screwed!

man is just awful, while we are together, I can't stop thinking that my mom will die from her stage IV cancer before we get over there. I can understand 6,7, 8 months, but longer than a pregnancy plus? c'mon!!
for those of us that do not have a current senator, etc..who can we write to support those of you that are already waiting so long?
has any us show ever done anything like "families are apart for great lengths of time during the holidays" etc.....? nothing like media and social movement to get things discussed, just a thought....
I never expected after moving overseas and being away 14 years that in choosing to move back I would have to wait 6-9-12 months for us to do so. It wasn't like I said oh yeah you are a different culture so that means we're stuffed if we ever want to go stateside LOL
hope all have a good Christmas and new year and you can Skype, fb, or whatever works for you cheers

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf
"what is the filing Fee ?
420$
(...)
2. Make the check or money order payable to U.S. Department of Homeland Security. "
do not use initials!
Edit: you are damn fast BP !

I just checked my email that I use exclusively for this immigration stuff, and found the exact same letter in my inbox. *rubs hands together*

I actually think that we should postpone this letter until the next processing times are posted. (Should be around the 15th, if we don't have it by the 20th, we should send the letter anyway.) The reason for this is that they are claiming that they're working diligently to process these and made great advances by jumping from Oct. 1, 2012 to Feb. 12, 2012 in 1 or 2 months. If the current processing date at the next update isn't somewhere about the end of April, then we have absolute proof of them gaming the numbers currently.

I’ve been thinking about how to address comments on the latest iteration, so let me know what you guys think of the following suggestions.
Kaylara, to your point about incorporating the bait-and-switch they pulled after our first letter, I think we could work that into paragraph 4. It would help drive home the “lack of transparency” claim. Tackling the broader pattern of behavior is probably a bit out of scope for this letter in my opinion, but it’s something I’d be happy to hack away at as a separate effort once the immediate situation is being addressed. Example phrasing: If the 7.4 month processing time in Figure 2 is accurate, the field office processing time in Figure 3 should reflect an April date rather than February. Due to this inconsistency in data from USCIS, it is unclear what qualifies as being outside of processing time, and petitioners from March and April of 2013 are unable to open inquiries on their cases. It should also be noted that the current processing figures were altered immediately after my previous letter on the 19th of November. The processing times as of September 30 previously were stated as xx.x* months and October 2, 2012, respectively. This demonstrates a flagrant manipulation of data. The lack of transparency in processing times is one of the ways USCIS is mistreating US citizens and their families and perpetually justifying backlogs.
*I think it was 11.-something months but I don’t recall the exact figure, this needs verifying.
Salo&Romashka, there shouldn’t be a problem pulling the graph from USCIS. If we reference the letter you found, I think the best spot would be in paragraph 2. Example phrasing: In their response, USCIS acknowledged the “…extended processing times for Form I-130, Petition for Alien Relative, filed by U.S. citizens for their eligible immediate relatives.” Unfortunately, their claim that “…USCIS has been focused on addressing delays in the processing of these Forms I-130 for several months” has no weight. As shown by the graphic below, USCIS shifted their focus to processing Deferred Action for Childhood Arrivals (DACA) requests in the US in August of 2012. A letter from the Committee on the Judiciary* dated August 7, 2012 identified the risks inherent in USCIS’ approach to handling DACA requests, with specific emphasis on the harm it may cause for US citizens petitioning for immediate relatives. This shows that USCIS was aware of the damage its actions would cause and chose not to take preemptive action that would mitigate the current backlog.
*Insert footnote reference for letter.
I think after the added text I would recommend a paragraph break before continuing on to discuss the specific processing figures.
Hotter Otter, to your point about including a bit more detail about our overall wait, I think we could slip that into the final paragraph as a nice concluding thought. Example phrasing: I request that the House Judiciary Committee pushes the USCIS to bring the processing timeline to 5 months or less by February 1, 2014, given that extended wait times at USCIS are only the beginning of a longer process which will keep families apart for substantially over a year. To meet the administration's goal of humanely reuniting families, these delays must be viewed in context of the broader visa application process, and the USCIS must be held accountable for its role in providing efficient, humane service for citizens and their immediate relatives.

Ok, question. What exactly is intended by the sentence "equalize processing rates among petition types"? I think that this is confusing.
Other than that, this is a good letter. If possible, I would like to point out the obvious lie that was being given out for months by the USCIS (Oct. 1, 2012), that working at all and manipulating the dates is not the same as 'working diligently'. The Friday before we sent out our emails and faxes, the priority dates for the service centers except Vermont and the NBC (if I remember correctly) disappeared. The NBC was updated to say Oct. 2, 2012 which is absolutely absurd and means that they had expected that we would accept that they had managed to progress 1 day in over a month. I am certain that they only reason they updated their system to say Feb. 12, 2013 was because we emailed and faxed like we did. Otherwise, they would have happily left it as it was, with missing information and a ridiculous date. But as they changed it the day after our email/faxing thingie, I do think we should mention their obvious date tampering. I believe there are screen caps in the Service centers forum. (And I will look for them shortly.)
And I'd also like to point out that this is not the first time that they have done something similar to this (ie. putting family petitions at the back of the line) since the LIFE act was passed. Nor are we the only Immediate relative class that has had this happen to them. This is a behavioral pattern of the USCIS that needs to be stopped. The lack of transparency and lying to customers needs to be fixed.
It's all well and good that we put pressure on them to get our petitions moved through faster. (I mean, we've been waiting more than long enough.) But if something isn't done, they're just going to do this again in a few years, and I find that prospect unacceptable. (Not that I will be worrying about it at that point, but I know how much this sucks, and if I can act to prevent someone else from having to go through this in the future, then I think I should.) But perhaps that is a better subject for the letter after this one.

Peter,
The IR/CR is not an option for it only applies if you were going to establish residence in the US. So long as both of you are living overseas the only visa applicable to her case is the tourist visa.
What I believe the consulate has not understood is that she has no intention of establishing residence in the US, thence their suggestion she applies for a K-1 or K-3 visa. I say this because even if you wanted to get her a green card, you would not be able to sponsor her for you yourself do not reside in the US. I honestly believe there has been a communication failure somewhere in her process that has created this disconnect. They are suggesting a visa that does not apply to her and she is asking for a visa they understand not to be appropriate for her case.
If you are going to marry, that might help her get a tourist visa, because you become an additional and strong tie to Poland she will have, in addition to her job, etc.

I'm going to make just one more comment on this. I've been there done that with posting on a forum asking for advice about a relationship. What I have learned from it is this. When you post a question like this you already know the answer you just do not like it. Your looking for someone to help you make the choice you already know you must make. my thoughts to you is do what your heart tells you to do. No one know what is going on with you better. If you feel this is bad then listen to yourself and do what you must to protect yourself.

i haven't been waiting as long as others, but this process doesn't make sense to me. Filing a petition is just to determine if you are eligible or not, as a fiance or a spouse. I understand running checks on Marriage Certificates, Divorce decrees, etc but why background checks when in order to get your passport, your country already does that and you still have to prove with a police clearance. Seems USCIS likes to run in circles, take your money and just sit on this cases and deal with them in order to fill a quota or something.
Instead of sending them out to various service centers, why not hire more people to adjudicate? I have no record, not even a traffic violation as I am sure others as well.
The whole process bothers me as the wait times for each step seem so ridiculously awful.

i haven't been waiting as long as others, but this process doesn't make sense to me. Filing a petition is just to determine if you are eligible or not, as a fiance or a spouse. I understand running checks on Marriage Certificates, Divorce decrees, etc but why background checks when in order to get your passport, your country already does that and you still have to prove with a police clearance. Seems USCIS likes to run in circles, take your money and just sit on this cases and deal with them in order to fill a quota or something.
Instead of sending them out to various service centers, why not hire more people to adjudicate? I have no record, not even a traffic violation as I am sure others as well.
The whole process bothers me as the wait times for each step seem so ridiculously awful.

So because she didn't plan it and by your standards, she is being selfish so maybe she should terminate? I am sorry but this is garbage. I was on birth control and still became pregnant. it happens. Life happens.