Rick2000

Here's some speculation-there is no pattern at all between the time your petition is physically received back at the service center and the time it takes for your petition to be "reopened".

I think there is a huge variance due to many factors, mainly of which is that the petition has to be reunited with the complete files on your case before being logged back in the system, which could actually be in another distant location.

Yep, some time ago, rlt's fiancee contacted Vermont and here's what he said:

The officer said what takes time is to match the petition they receive back ith something called Alien File. That is what they keep in Vermont for people with approved petitions. That could take a long time.

They told her VSC has already done that to my case, that´s why my status online shows my case as reopened and processing.

Matching the petition with the alien file can take a long time.

HEY THANKS FOR ALL THE INFORMATIVE REPLIES- Rick and Gina

How does one call the Vermont Service Center? Thanks

1-800-375-5283

press 1 pause 2 pause 6 pause 1

Enter Receipt #

press 3 pause 2 pause 1

I have tried several times using the right numbers listed above to reach the VSC, and it finally worked. Frank anw phone with Vermont Service Center. Frank said he was not an adjud. officer but just a technician. Was able to tell me our case was returned to VSC on June 22nd. So the numbers above do work as many posters have indicated.

NOA2 RECALLED PETITION DATA IN ORDER OF NOA1 DATE

KEY

RFE u/d- RFE update through USCIS online case status/email

RFE m- Actual receipt of RFE through postal mail

S/C- Service center used by petitioner

F/C- Fiance(e)’s home country

VJ member-----------NOA1--NOA2--reopened—RFE u/d—RFE m—S/C---F/C

Sleepless in OR-----03/06---03/31---06/20------06/26-----07/05---CSC—France

aquelunya-----------03/08---03/02---06/29------none------none----VSC—Israel

Rick2000------------03/08----03/23---?no touch--none------none----VSC-Philippines

ap24-----------------03/10---03/20---06/22-------none-----none----VSC—Poland

mike1972e----------03/13---03/25---06/23-------07/05----none----VSC—Vietnam

Maria&Robert-------03/14---03/30---06/27-------06/29----07/05---VSC—Argentina

Mew-----------------03/19----03/29---06/27------06/29-----07/05---VSC—Brazil

dowd001------------03/20----03/24-----?----------none-----none----VSC—Moscow

am.woman------ ---03/21----03/28---06/22-------none-----none-----VSC—France

abdcas--- ----------03/21----04/04----06/22-------07/06------none----VSC-Maroc

Lewis----------------03/22----04/06---07/05-------none-----none----VSC—Mexico

rlt -------------------03/29----04/17---06/22-------none-----none----VSC—Brazil

Mad Man ------------03/31----04/07----?------------none-----none----VSC-Philippines

lashernyc1----------04/07----04/12---06/28-------none-----none----VSC-Brazil

lemchan-------------04/14----04/25---06/29-------none-----none----VSC-Canada

jell ------------------04/17----04/25---06/29-------none------none----VSC-Russia

cdngirl06------------04/18----04/24---06/30-------07/03-----none----VSC-Canada

Xiuyin --------------04/21-----05/01----06/29-------none------none----VSC-China

Just fixing the order.

As per VSC today our file returned to VSC on June 22 (ret to NVC May 29th). Does anybody have data/insight about how long before reopened, etc.? Thanks Rick2000

NOA2 RECALLED PETITION DATA IN ORDER OF NOA1 DATE

KEY

RFE u/d- RFE update through USCIS online case status/email

RFE m- Actual receipt of RFE through postal mail

S/C- Service center used by petitioner

F/C- Fiance(e)’s home country

VJ member----------NOA1--NOA2--reopened—RFE u/d—RFE m—S/C---F/C

Sleepless in OR-----03/06--03/31--06/20------06/26-----07/05---CSC—France

aquelunya-----------03/08--03/02--06/29------none------none----VSC—Israel

ap24-----------------03/10--03/20--06/22-------none-----none----VSC—Poland

mike1972e----------03/13--03/25--06/23-------07/05----none----VSC—Vietnam

Maria&Robert-------03/14--03/30--06/27-------06/29----07/05---VSC—Argentina

Mew------------------03/19--03/29--06/27------06/29-----07/05---VSC—Brazil

dowd001-------------03/20--03/24----?----------none-----none----VSC—Moscow

am.woman----------03/21--03/28--06/22-------none-----none-----VSC—France

Lewis-----------------03/22--04/06--07/05-------none-----none----VSC—Mexico

rlt --------------------03/29--04/17--06/22-------none-----none----VSC—Brazil

Mad Man ------------03/31--04/07---?------------none-----none----VSC-Philippines

lashernyc1-----------04/07--04/12--06/28-------none-----none----VSC-Brazil

lemchan-------------04/14---04/25--06/29-------none-----none----VSC-Canada

jell -------------------04/17--04/25--06/29-------none------none----VSC-Russia

cdngirl06------------04/18---04/24--06/30-------07/03-----none----VSC-Canada

Xiuyin ---------------04/21---05/01--06/29-------none------none----VSC-China

Rick2000-------------03/08---03/23--?no touch--none------none----VSC-Philippines

Here it is, I cleaned it up a little, I don't see any patterns yet. If someone has a better idea of how to arrange this, please do and also please check to see if your info is accurate.

cool! thanks!

thought/question: should we start a new thread with this info and a new, more descriptive title? and kill the other two threads as they are long and discombobulated (sp? tehehehe)

he is just that blasted troll again. he keeps re-registering. Scumbag.

Was your reply about my post pointing out a critical departure from how democracy works and attacking me personally? Calling me "he is just that blasted troll again. he keeps re-registering. Scumbag." If so it would nice if you could contribute some info or at least opinion that promotes human dignitiy or human rights or human growth; ever heard of such?

USCIS has changed the wording of IMBRA:The new IMBRAlized I 129-F and supplementary questionnaire state:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K 1 visa petition approved within 2 years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with this petition accompanied by documentation of your claim to the waiver." "If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence include, but not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa."

If I am not mistaken, IMBRA actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more

applying aliens; and

H. R. 3402—108

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously

approved petition.

What appears to have happened here, is the USCIS has substituted the word "or" for the word "and."

PLEASE COMPLAIN TO EVERY CONGRESSPERSON AND SENATOR AND NEWS AGENCIES ABOUT USCIS CHANGING THE LAW THAT CONGRESS PASSED.

Yes, the "OR" substitution for "AND" makes a huge difference, BUT USCIS can temporarily alter the wording any way they want, legal or not.

I wish it weren't true. My last K1 was over 7 years ago.

Thanks,

Rob

Rob don't give up so easily. File the waiver and point out you are doing so in case it was not a typo (allow USCIS to save face without eliciting defensiveness), and start complaining to eby. Also, it could just be a typo, but how do we bring that to the right person's attention. I already wrote and faxed a letter about this to Senator Cantwell author of IMBRA and located elswhere in a newspaper article how she has not been pleased (rapped them) with Homeland Security for the way they implemented IMBRA. Hang in there and try to be strong for your loved one. Rick

USCIS has changed the wording of IMBRA:The new IMBRAlized I 129-F and supplementary questionnaire state:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K 1 visa petition approved within 2 years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with this petition accompanied by documentation of your claim to the waiver." "If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence include, but not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa."

If I am not mistaken, IMBRA actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more

applying aliens; and

H. R. 3402—108

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously

approved petition.

What appears to have happened here, is the USCIS has substituted the word "or" for the word "and."

PLEASE COMPLAIN TO EVERY CONGRESSPERSON AND SENATOR AND NEWS AGENCIES ABOUT USCIS CHANGING THE LAW THAT CONGRESS PASSED.

How does one call the Vermont Service Center? Thanks

1-800-375-5283

press 1 pause 2 pause 6 pause 1

Enter Receipt #

press 3 pause 2 pause 1

I 'm coming to the same conclusion, i.e., doesn't make a bit of difference and adding self-torture via wasted time and effort only adds salt to the wound. Rick

How does one call the Vermont Service Center? Thanks

Thanks, I was doing exactly that but at the end pressing in 3-3-1 in stead 3-2-1, and only got the USCIS Customer Service person that only said the only info we have acess to is your petition was approved on March 23. Was told repeatedly by them one can ot call the Vertmont Service Center, only write them. Thanks, Rick

How does one call the Vermont Service Center? Thanks

START CALLING AND FAXING SENATORS/CONGRESSMEN and EVER MAJOR NEWS AGENCY EXPLAINING THE CONTINUED USCIS MISTAKES INCLUDING THE FACT THAT USCIS HAS USURPED CONGRESS, i.e., they changed the wording on the IMBRA law using the word "or" when the law states "and" when talking about the numerical number of fiancee petitions and the 2 year requirment on the IMBRAlized I 129-F and REF sup.

The new IMBRAlized I 129-F and supplementary questionnaire state:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K 1 visa petition approved within 2 years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with this petition accompanied by documentation of your claim to the waiver." "If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence include, but not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa."

If I am not mistaken, IMBRA actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

(2)(A) Subject to subparagraphs ( and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more

applying aliens; and

H. R. 3402—108

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously

approved petition.

Bushocracy at work.

Interesting that examples of evidence for waivers involve death of the fiancee as if other reasons don't end relationships, e.g., cold feat, homesickness, bi-directional parental-child separation anxiety, and parents not wanting to lose "third word social security" or child's pay check.

By the way attorney Gary Bala doesn't mind this USCIS rewording of IMBRA- states they can only take a limited number of waiver cases.

mike,

If your petition had been approved already and had to be recalled (because the VSC got ahead of itself) then you have a Notice Date that puts you at the head of the line.

What's to expedite? Who is there to move you ahead of?

Yodrak

I just Received a letter in the mail today from DHS and it was thicker than the one I received on Friday, with the notice of action. I was getting so excited as I thought it was finally the RFE. Well when I opened it, it is from Mr. Paul Novak. He states that our recalled petition does NOT meet the criteria for special handling.

THIS IS A DISGRACE TO EVERYONE WHO WAS RECALLED!!!! I have never been so disappointed in my government in my entire life.

Yodrak,

I usually enjoy your posts, but I am not sure if you understand how USCIS is handling this at all. Petitions that were never approved with a much later date are already getting their RFE's before any of us with a previous approval. Those that have received the RFE have already sent it back in and all of us that has already been approved but recalled, have not even received the RFE. I am not even sure they know how they will handle the order. ALl of the new petitions that are being filed now are using the new form and won't receive the RFE. SO where does it leave us recalled petitions????

START CALLING AND FAXING EVER MAJOR NEWS AGENCY EXPLAINING THE CONTINUED MISTAKES INCLUDING THE FACT THAT USCIS HAS USURPED CONGRESS, i.e., they changed the wording on the IMBRA law using the word "or" when the law states "and" when talking about the numerical number of fiancee petitions and the 2 year requirment on the IMBRAlized I 129-F and REF sup.

The new IMBRAlized I 129-F and supplementary questionnaire state:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K 1 visa petition approved within 2 years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with this petition accompanied by documentation of your claim to the waiver." "If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence include, but not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa."

If I am not mistaken, IMBRA actually states that such a waiver is necessary if one is applying for a third petition (already had 2 and one was approved). Here is the actual wording:

(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more

applying aliens; and

H. R. 3402—108

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously

approved petition.

Bushocracy at work.

Well, one small bright spot. wodengdaini got a touch on May 27. He is through Nebraska with a NOA1 after March 5. Don't know if it means anything but it is a sign of life.

PARDON ME FOR BEING SO FAR OUT OF THE LOOP. BUT SBY PLEASE TRANSLATE "BEING TOUCHED?"

Thanks, Rick

Dose anybody know if the Manila Consulate accepts direct spousal visa filing if the American Petitioner lives in the Philippines at that time? If so, what consitutes living in the Philippines? Thanks, Rick

Thinking about cancelling the already approved Fiancee I-129F (receipt date March 8th so IMBRA causes a recall from Manila Embassy). Does any body know if I-130s have stalled at USCISs such the Vermnt Service Center? Thanks, Rick

My fiancee's petition was received at the VSC on March 8, 2006, approved about 17 days later and received at the Manila Embassy on April 5th. I just got off the phone speaking to Janet at the Manila Call Center, and she said there is no legal basis to the rumor that already approved petitions are being sent back to the USA for any reason..that all add'l processing will occur at the Manila Embassy. She did indicate that my fiancee's city Ormoc was entered as Oromoc and she requested that I fax a correction letter of this error to the Embassy. SHE also said that the reason the Manila Embassy's website that lists interview dates via case numbers is down, is because they are loading new interview dates

For last 24 hrs, have not been able to view the mbc's web site that lists interveiw dates by case numbers. Anybody been having such trouble? Rick

Anyone recently gone thru manila airport have any info as to what is required to pay in fees?, such as travel tax?? (ticket was purchased in usa), 550peso exit fee?, any visa exit fees?...........thanks for any info.

I flew in to Manila (i.e., NAIA, and there is actually a domestic airport adjacent to the main one) and out of Manila 2 times: Sep 2005 and Feb 2006, only had to pay the exit fee (550 Pesos last time to leave) and never encountered Tourisim Tax. If you have to take a taxi from the airport, apparently there are no metered taxis (although I have been told by others that metered taxis are available if you walk somewhere else), and there is apparently a standard rate as a Fx of where you go. Actually before this set up, there have been some robberies in the remote past in which metered taxis wd take the Kano off and rob them. With this standard cost, the official apparently writes down the taxi and name of rider in case of problems. Airport to Makati area where the Best Western Astor is located was a standard fee of about 500 Pesos (10 USD).

My Filipina Fiancee (just had Petition approved by Vermont Service Center- I am the American Petitioner) from Ormoc City Leyte just told me there was a mistake when she had her Birth Certificate printed several years ago on NSO paper-they incorrectly indicated she was born in 1969 when her actual birth date and original birth certificate indicate she was born in 1971. She tells me she was told several years ago in order to correct this she must hire a lawyer and this could take a lot of time to correct. It would seem to me that if she went to register's office (or what ever the office is called where one can obtain the birth certificate printed on NSO paper) again with her original birth certificate, her current valid passport, her baptisimal papers all which show her correct date of birth, than they should be able to print this correctly. Any body have info relevent to this situtaion in the Philippines? Thanks, Rick

QUALIFICATION TO ABOVE:Qualification to orginal post-Her recent NBI clearance has her

correct date of birth as well as her original certified birth certificate, and her valid passport all have the correct DOB-it is only when she has the birth certificate printed on NSO paper that the incorrect DOB shows. Does this mean that when someone coded info in to a computer system for birth certificates-they merely entered the wrong DOB?

My Filipina Fiancee (just had Petition approved by Vermont Service Center- I am the American Petitioner) from Ormoc City Leyte just told me there was a mistake when she had her Birth Certificate printed several years ago on NSO paper-they incorrectly indicated she was born in 1969 when her actual birth date and original birth certificate indicate she was born in 1971. She tells me she was told several years ago in order to correct this she must hire a lawyer and this could take a lot of time to correct. It would seem to me that if she went to register's office (or what ever the office is called where one can obtain the birth certificate printed on NSO paper) again with her original birth certificate, her current valid passport, her baptisimal papers all which show her correct date of birth, than they should be able to print this correctly. Any body have info relevent to this situtaion in the Philippines? Thanks, Rick