Rick2000

Questions about AOS for married and pregnant K-1 here in the USA. When my fiancee and I entered the USA about 3.5 weeks ago, we forgot to ask USCIS at the Airport for the temp work permit. We subsequently married and applied for Soc Security Card. Anybody know the quickest way for EAD for her to work at this point? I am in the process of sending in the application for AOS- and since she is 3 months pregnant and hence we declined the vaccinations during her medical, does anybody know if she can be exempted from vaccinations until after she gives birth? Thanks, Rick and Gina

Questions about AOS for married and pregnant K-1 here in the USA. When my fiancee and I entered the USA about 3.5 weeks ago, we forgot to ask USCIS at the Airport for the work permit. We subsequently married and applied for Soc Security Card. Anybody know how to obtain the papers for her to work. I am in the process of sending in the application for AOS- and since she is 3 months pregnant and hence we declined the vaccinations during her medical, does anybody know if she can be exempted from vaccinations until after she gives birth? Thanks, Rick and Gina

Gina's interview at te Manila Embassy was 25 Oct. I accompanied her and she was approved. I indicated I had to be back in the States soon to see patients and clients, and the inteviewer sd we cd have the Visa the next day. Went by the Manila Embassy and after wiating two hours she rec'd her VISA-Thanks fellow VJ ers, yall have been great. Rick and Gina from the Philippinnes heading in several days to Ole Virginia.

Hey VJ Members, Glad for all the good news most of you have recd re: re-approval. Gina and I (Rick 2000 recall chart) seem to be in the last 2 of 5 from Philippines and in the last 7 of all 43 on the recall chart to not be re-approved. Gina's NOA2=March 23, 2006 and was in MNL on April 5, 2006. It has been 28 days since VSC recd RFE with waiver request for previous K- 1 approved in October 2005 and cancelled due to Filipina developing separation anxiety-all fully explained and supported in Gina's previously approved K-1 and in the RFE with about 100 pages of indexed ACCO file supporting evidenced. I have called VSC 6 times (Told by officer Jackie on Aug 21 to not marry here in Philippines, probably re-approved in 1-2 weeks), had my congressman's imm specialist call VSC about 3 time speaking to the VSC congresssional liaison "Nick", had imm spec fax an expeditious request to VSC 3 days ago, had my congressman file a 2nd formal inquiry with Paul Novak (in addition to a formal inquiry to Sarah Taylor Congressional Liaison for imm issues), but still nothing. ANY INSIGHT OR SUGESTIONS? I am here in Ormoc City Philippines with Gina with marriage license for backup and my insight says marry her here and to hell with IMBRA and take chance with long I-130 process but with request for DCF due to delays and the fact that I will be giving free lectures here to Universities and likely conducting research here too pro bono. ANY HELP, INSIGHT, SUPPORT APPRECIATED. Psychologically Marooned in Leyte, Rick and Gina

Hey VJ Members, Glad for all the good news most of you have recd re: re-approval. Gina and I (Rick 2000 recall chart) seem to be in the last 2 of 5 from Philippines and in the last 7 of all 43 on the recall chart to not be re-approved. It has been 28 days since VSC recd RFE with waiver request for previous K- 1 approved in October 2005 and cancelled due to Filipina developing separation anxiety-all fully explained and supported in Gina's previously approved K-1 and in the RFE with about 100 pages of indexed ACCO file supporting evidenced. I have called VSC 6 times (Told by officer Jackie on Aug 21 to not marry here in Philippines, probably re-approved in 1-2 weeks), had my congressman's imm specialist call VSC about 3 time speaking to the VSC congresssional liaison "Nick", had imm spec fax an expeditious request to VSC 3 days ago, had my congressman file a 2nd formal inquiry with Paul Novak (in addition to a formal inquiry to Sarah Taylor Congressional Liaison for imm issues), but still nothing. ANY INSIGHT OR SUGESTIONS? I am here in Ormoc City Philippines with Gina with marriage license for backup and my insight says marry her here and to hell with IMBRA and take chance with long I-130 process but with request for DCF due to delays and the fact that I will be giving free lectures here to Universities and likely conducting research here too pro bono. ANY HELP, INSIGHT, SUPPORT APPRECIATED. Psychologically Marooned in Leyte, Rick and Gina

My congressman's immigration specialist spoke to the congressional liaison today at VSC, and the liaison Nick (who was an overseas consular officer before) said they expect all recalled petitions to be returned to the consular posts before the end of August.

Your comment about a VSC recall/reprocessing deadline by the end of August is interesting, coz last night I called the Manila Visa Call Center to ask if reaffirmed Petitions would be given immediate visa interview date preferences, and Tina said if they receive her Petition back before the end of August, then my fiancee could be scheduled by October 5th coz her approved Petition arrived in Manila on April 5th which is 6 months from October 5th. Anybody make sense out of this time frame requirement? Thanks, Rick

rlt also called the consulate in Rio and they said that once the reapproved petitions get there, they should reschedule the interview for any date they have available to make it as quick as possible.

True.

They can´t reschedule the interview until the case is back to the Consulate, but once they get it, they will be giving us new dates.

I think that procedure should be the same for all of us who had returned packet3 by the time they canceled the process.

It won´t be too long, people.

We just need to keep an eye on this vcs-nvc-consulate bridge.

It´s taking longer than usual, isn´t it?

I wish the process would be the same at each consulate; but unfortunately (as per my congressman's immigration speacialist and an adjudicating officer at VSC I spoke to recently) each consulate/embassy can act as it's own little nation and do what they want. It seems to me that since they are employees of US taxpayers, there should be some standard they hold to. Maybe I'll contact Dr. Rice.

Your comment about a VSC recall/reprocessing deadline by the end of August is interesting, coz last night I called the Manila Visa Call Center to ask if reaffirmed Petitions would be given immediate visa interview date preferences, and Tina said if they receive her Petition back before the end of August, then my fiancee could be scheduled by October 5th coz her approved Petition arrived in Manila on April 5th which is 6 months from October 5th. Anybody make sense out of this time frame requirement? Thanks, Rick

Happy for everbody out there that has been re-approved or re-affirmed.

?????? are the emails u rec from VSC indicating they have rec your RFE using the same wording (see 2nd sentence) as the one I rec today?

On August 9, 2006, we received your response to our request for evidence or information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.

Thanks, Rick

Got my I-797C and the RFE form in the mail today!

Great!

Good news for Zethris..I believe u live in PA? so I'll probably receive mine in the mail tomorrow Monday Aug 7th since I live in VA. Mew, was touched Aug 1st and today Sunday Aug 6th. VSC working on Sunday.

Mew, Any insight as to why once the IMBRA RFEs are rec'd back at VSC, there are usually about 4 touches and about 15 days before re-affirmed?

Zethris

I think we got the same situation. almost the same date of filing and approval and same country Philippines. My fiance jst got a letter from Manila embassy 2 weeks ago saying my petition was sent back to St. Albans, till now I havent receive anythin, I mean nothin even that RFE.

Yes, they have to sent the petition back so they can reopen it and only then they'll send you an RFE. Good Lord, are they slow in the Philippines or what? When did they send your petition back?

Also, you may want to take a look at this: http://www.visajourney.com/forums/index.php?showtopic=20652

I feel for you... Good luck!

Hey ReySunds, apparently all the recalled petitions from MNL were sent back from MNL on May 24, and they arrived at the NVC on May 29. So apparently MNL was not the slowest componet. Apparently, NVC did not send the MNL recalls back until about July 19, and cases at VSC started to re-open around July 27. One theory is that NVC stalled in returning tem so as to prevent a deluge of re-approved pets coming at them at one time. As per my congressman's immigration specialist, DOS and NVC are pissed at VSC.

Here's the link. Sounds like a lot of feedback commonly found in democracies (A SPECIAL THANKS TO TO THOSE WHO INCURRED TROLL ACCUSATIONS AND COMPLAINED TO THE THE FOLKS THAT WE PAY TO UPKEEP DEMOCRACY) caused some rational rule making. Here's the link that explains the limitations imposed by IMBRA including, multiple filings, criminal convictions and K3s.

http://www.uscis.gov/graphics/lawsregs/han...IMBRA072106.pdf

Rick, I take my hat off to you. Your are pretty amazing. Thank you so much for shedding the first real light I have seen on the waiver criteria. You are a gentleman and a scholar.

Thanks for the compliment. We may need to have a double wedding in Baguio and file I-130s?

Keep in touch and take good care of the soon to be asawa.

Here's the link. Sounds like a lot of feedback commonly found in democracies (A SPECIAL THANKS TO TO THOSE WHO INCURRED TROLL ACCUSATIONS AND COMPLAINED TO THE THE FOLKS THAT WE PAY TO UPKEEP DEMOCRACY) caused some rational rule making. Here's the link that explains the limitations imposed by IMBRA including criminal convictions and K3s.

http://www.uscis.gov/graphics/lawsregs/han...IMBRA072106.pdf

Wow, searching skills, Rick! Let me read it...

Mew, I did not grow up with a lap top on my diaper. Cd u u please promulugate this memo web page to VJers. Thanks for all the dedication you have given to everybody. Rick

Here's the link. Sounds like a lot of feedback commonly found in democracies (A SPECIAL THANKS TO TO THOSE WHO INCURRED TROLL ACCUSATIONS AND COMPLAINED TO THE THE FOLKS THAT WE PAY TO UPKEEP DEMOCRACY) caused some rational rule making. Here's the link that explains the limitations imposed by IMBRA including, multiple filings, criminal convictions and K3s.

http://www.uscis.gov/graphics/lawsregs/han...IMBRA072106.pdf

Copied from the AILA website TODAY:

USCIS issued a guidance memo for field officers regarding the amendments made by the International Marriage Broker Regulation Act (IMBRA) to sections 214(d) and 214® of the INA. The Interoffice Memorandum sets forth statutory requirements and adjudication standards. It also provides procedural guidance. AILA Doc. No. 06080164

Can somebody try to locate this memo. The AILA will not allow non-members to access this memo at their website.

Maybe this memo holds the secrets as to why recalled cases are placed in abeyance?

Access to the manual the USCIS officers uses to decide your case is at: http://www.shusterman.com/cgi-bin/ex-link....ok/hnmanual.htm

HERE'S THE NEW MEMO THAT CLARIFIES IMBRA RESTRICTIONS:

http://www.uscis.gov/graphics/lawsregs/han...IMBRA072106.pdf

PS. Access to AILA is:http://www.aila.org/RecentPosting/RecentPostingList.aspx

So far, there has been conflicting info being given out by the NVC, USCIS and our congresspeople where the petiton goes next. Is it the NVC or straight to the consulate? I plan on contacting my consulate and congresspeople immediately with proof of reapproval in order to have a backup plan. This makes me nervous because if all parties involved don't know there could be more potential for errors. I did read an earlier thread where an approved petition (with IMBRA RFE approved) was actually sent back again to the USCIS.

I think you're talking about a case forwarded to Naples, right? Maybe they just don't deal with many K1s there and didn't have a clue what to do.

My fiance was going to call VSC today to try and find out whether they'll be the ones to send the recalled/reaffirmed petitions to the consulates, but he couldn't get a hold of them. I'll keep you guys posted.

Hey there may be some info of importance in the new guidance memo released to Adj officers today re: IMBRA. I cd b wrong but check this out at:

http://www.visajourney.com/forums/index.ph...view=getnewpost

So far, there has been conflicting info being given out by the NVC, USCIS and our congresspeople where the petiton goes next. Is it the NVC or straight to the consulate? I plan on contacting my consulate and congresspeople immediately with proof of reapproval in order to have a backup plan. This makes me nervous because if all parties involved don't know there could be more potential for errors. I did read an earlier thread where an approved petition (with IMBRA RFE approved) was actually sent back again to the USCIS.

I think you're talking about a case forwarded to Naples, right? Maybe they just don't deal with many K1s there and didn't have a clue what to do.

My fiance was going to call VSC today to try and find out whether they'll be the ones to send the recalled/reaffirmed petitions to the consulates, but he couldn't get a hold of them. I'll keep you guys posted.

Hey there may be some info of importance in the new guidance memo released to Adj officers today re: IMBRA. I cd b wrong but check this out at:

http://www.visajourney.com/forums/index.ph...mp;#entry348587

Copied from the AILA website TODAY:

USCIS issued a guidance memo for field officers regarding the amendments made by the International Marriage Broker Regulation Act (IMBRA) to sections 214(d) and 214® of the INA. The Interoffice Memorandum sets forth statutory requirements and adjudication standards. It also provides procedural guidance. AILA Doc. No. 06080164

Can somebody try to locate this memo. The AILA will not allow non-members to access this memo at their website.

Maybe this memo holds the secrets as to why recalled cases are placed in abeyance?

Access to the manual the USCIS officers uses to decide your case is at: http://www.shusterman.com/cgi-bin/ex-link....ok/hnmanual.htm

PS. Access to AILA is:http://www.aila.org/RecentPosting/RecentPostingList.aspx

Copied from the AILA website TODAY:

USCIS issued a guidance memo for field officers regarding the amendments made by the International Marriage Broker Regulation Act (IMBRA) to sections 214(d) and 214® of the INA. The Interoffice Memorandum sets forth statutory requirements and adjudication standards. It also provides procedural guidance. AILA Doc. No. 06080164

Can somebody try to locate this memo. The AILA will not allow non-members to access this memo at their website.

Maybe this memo holds the secrets as to why recalled cases are placed in abeyance?

Access to the manual the USCIS officers uses to decide your case is at: http://www.shusterman.com/cgi-bin/ex-link....ok/hnmanual.htm

Yesterday CSC approved a lot of people!!!

I ´just can´t see Vermont doing the same...

Is there a similar page for CSC as we have for recalled VSCs?

IF ANYBODY OUT THERE WANTS TO READ THE MANUAL THE USCIS OFFICERS ARE SUPPOSE TO USE IN DECIDING YOUR CASE, HERE'S THE ADDRESS:

http://www.shusterman.com/cgi-bin/ex-link....ok/hnmanual.htm

Maybe good news for I-129Fiancee Recalled People not opened and not approved yet? I just read on the Immigration Attorney Website

http://www.aila.org/RecentPosting/RecentPostingList.aspx

that the VSC anounced on July 26, they were transferring 5,000 I-129 NON IMMIGRANT WORKER and 22,000 I-130 SPOUSAL PETITIONS TO TSC AND VSC, so maybe they can start processing the backlog quickly.

SEE ANOUNCEMENT AT: http://www.uscis.gov/graphics/publicaffair...ns_072606PN.pdf

zethris and rick -

my advice is to not assume anything and not to take speculation as possible fact.

it is possible someone is f**king up at vermont. these emails are just to strange. one fact is you do need the rfe to continue this process. there is no way they would say "nah, we don't have to send it to these guys. they're ok!" they would also be breaking the law by doing so.

i also suggest calling today/tomorrow and next week. cis, nvc, dos = cya! (cover your a$$)

Thanks americanwoman, i assumed of the two emails which contradicted each other, the worst one is probably the correct one. In terms of them breaking the law, USCIS apparently always had in the past, 6 months to change procedures to reflect new legisaltion; I supsect some a..h..e gave them orders otherwise in the IMBRA recall fiasco.

HEY JUST GOT THE WEIRDEST 2 emails from USCIS- first says case approved or reaffirmed and second one later in the day says just re-opened.

1- at about 10 am today:

On July 27, 2006, this approved or re-affirmed case was shipped to the Department of State for visa processing. If you have any additional questions, please contact the Department of State.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.

National Customer Service Center (800) 375-5283.

*The projected processing time frame can be found on the receipt notice that you received from the USCIS.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

2- Application Type: I129F , PETITION FOR FIANCE(E)

Current Status:

On July 27, 2006, this case was reopened on a USCIS motion, and the case is now in process. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.

National Customer Service Center (800) 375-5283.

*The projected processing time frame can be found on the receipt notice that you received from the USCIS.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

How does number 2 email compare to all of those who received notice that their case was re-opened? Thanks

ALSO, maybe they realized how stupid recall was and they decided to recall this Freaking recall

How does number 2 email compare to all of those who received notice that their case was re-opened? Thanks

It's the same wording I got. So maybe they changed the wording for getting the case back there, but didn't change the wording for when it's reopened.

So MEW, e mail number 2 is the exact same email u recd when they reopened ur case, and then subsequently u recd the RFE? Thanks

HEY JUST GOT THE WEIRDEST 2 emails from USCIS- first says case approved or reaffirmed and second one later in the day says just re-opened.

1- at about 10 am today:

On July 27, 2006, this approved or re-affirmed case was shipped to the Department of State for visa processing. If you have any additional questions, please contact the Department of State.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.

National Customer Service Center (800) 375-5283.

*The projected processing time frame can be found on the receipt notice that you received from the USCIS.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

2- Application Type: I129F , PETITION FOR FIANCE(E)

Current Status:

On July 27, 2006, this case was reopened on a USCIS motion, and the case is now in process. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.

National Customer Service Center (800) 375-5283.

*The projected processing time frame can be found on the receipt notice that you received from the USCIS.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

How does number 2 email compare to all of those who received notice that their case was re-opened? Thanks