Bstnguy

But if there´s a glitch they should just keep our cases running anyway so they won´t increase the backlog.

Only if it's not taking resources away from solving the glitch.

But they wouldn´t be sending all these RFEs to us if it wasn´t IMBRA related, I mean, they cannot say they´re doing nothing if everyone is getting RFEs.

To be fair, you don't really know that until someone opens one. These could be 'other' RFEs that were backlogged while they were under orders from HQ to wait for further instructions.

It's likely it's IMBRA related, which frankly really sucks. Everyone in the K-1 unit there should be focused on getting the approved cases RFE out, then the NOA1s.

But those RFEs are coming for us non recalled, are they IMBRA related?

And will they process our cases?

(some of us have older timelines than the affected, and some have similar dates for NOA1 except we´re not approved, so we too, are eager)

Sorry, that's the part that is vague. The VSC person told me yes NOA1s were getting RFEs. My CM office was told no, no IMBRA activity was going on at all until the recalled petitions were handled. Who got the right info? :shrug:

I think if VSC called you back to give you that information, it must be accurate.

But if they need 2 weeks, something might happen before July 15.

They might be in the mail before the 15th, but they use 3rd class bulk mail it'll take about 4 days to get anywhere in New England, and 7-10 days to get anywhere down south.

I really don´t care about how long it takes after that. I only need to see things moving.

After the RFE is sent, it will take a reasonable time, but things will happen.

Once they get our cases back, it won´t take too long to process them, since they already did everything before...

It´s only about the RFEs, I think. Vermont is pretty fast. The rest will go smoothly.

I wonder if it wouldn´t be faster to cancel the application and apply again with the new form.

Maybe they will solve our recalled cases-computer issue in 2 weeks, but what if it takes 2 months?

I care, because we are going through Montreal, which is pretty much a slam dunk, so once we recieved the approval in April we committed to a wedding date in December. If this whole thing goes much past the end of July, we've got like 140 people to tell that the date is going to have to be moved later, and we will likely have to do a civil ceremony before the 'real' wedding, which will frustrate both myself and my family greatly.

But those RFEs are coming for us non recalled, are they IMBRA related?

And will they process our cases?

(some of us have older timelines than the affected, and some have similar dates for NOA1 except we´re not approved, so we too, are eager)

Sorry, that's the part that is vague. The VSC person told me yes NOA1s were getting RFEs. My CM office was told no, no IMBRA activity was going on at all until the recalled petitions were handled. Who got the right info? :shrug:

I think if VSC called you back to give you that information, it must be accurate.

But if they need 2 weeks, something might happen before July 15.

They might be in the mail before the 15th, but they use 3rd class bulk mail it'll take about 4 days to get anywhere in New England, and 7-10 days to get anywhere down south.

But those RFEs are coming for us non recalled, are they IMBRA related?

And will they process our cases?

(some of us have older timelines than the affected, and some have similar dates for NOA1 except we´re not approved, so we too, are eager)

Sorry, that's the part that is vague. The VSC person told me yes NOA1s were getting RFEs. My CM office was told no, no IMBRA activity was going on at all until the recalled petitions were handled. Who got the right info? :shrug:

I think if you call VSC tmw you will get a different answer...

Not that this one you got is not accurate... it´s just tht someone is not telling the truth.

I called VSC a few times and they told me different things, as we know the answer your Congresspeople got was wrong...

But we need to trust someone here, I only don´t know who it is.

Well, the person from VSC actually called me back after doing 2-3 hours of research for me, so i'm inclined to believe them.

Hopefully, the 2-3 weeks is an overestimate they are telling people to be safe, but I wouldn't expect to see anything at all until after July 15th or so.

If they call me back again with new info, or if I call next week and get a different answer, I promise to post it.

I'm cdngirl06's fiancee, and I'm sorry to be the bearer of bad news.

The expectation is that the RFEs to recalled petitions will not be issued for 2-3 weeks, as they sort out a bunch of computer issues dealing with recalled petitions. They basically can't generate the RFEs, nor can they process them, the way the system is set up.

Do you know this to be a fact?

Yes. Got it from both someone at the VSC and from my congressperson's office, who independently had contacted VSC on my behalf.

OTOH, my congressperson was able to confirm my petition was back in the building as of 6/1/06, anyway.

So they are sending RFEs, only not to the recalled cases because of their system?

That seems to be up in the air. The VSC person I talked to said only the previously approved petitions were affected, my congressman's office was told that nothing IMBRA related was happening.

I'm cdngirl06's fiancee, and I'm sorry to be the bearer of bad news.

The expectation is that the RFEs to recalled petitions will not be issued for 2-3 weeks, as they sort out a bunch of computer issues dealing with recalled petitions. They basically can't generate the RFEs, nor can they process them, the way the system is set up.

Do you know this to be a fact?

Yes. Got it from both someone at the VSC and from my congressperson's office, who independently had contacted VSC on my behalf.

OTOH, my congressperson was able to confirm my petition was back in the building as of 6/1/06, anyway.

I'm cdngirl06's fiancee, and I'm sorry to be the bearer of bad news.

The expectation is that the RFEs to recalled petitions will not be issued for 2-3 weeks, as they sort out a bunch of computer issues dealing with recalled petitions. They basically can't generate the RFEs, nor can they process them, the way the system is set up.

I agree Sarah...my ex husband still uses it as an excuse to jack his creditors out of $$$.

To Amy

Agree 100%

Posts like the original one in this thread should be a bannable offense on this site.

I thought this was supposed to be an informational and support site, not a site where people came to say 'Shut up and stop whining, the government knows what's best for you.'

What an idiotic point.

The checks are on the AMERICAN CITIZEN!!!!

Not on the immigrant.

If you think this is making you any safer, you need to stop drinking the koolaid and join a place we like to call reality. It's pretty rough, and things aren't always fair or explaining away by cute words like 'safety' or 'terrorism', but it's a good place to be overall.

I just got off the phone with my Congressperson's office, who just got off the phone with Vermont before she called me.

They are going to be requesting additional information from petitioners

They have no clue how they are going to do this yet, because they need that information from Washington headquarters.

The impression the liasion got from the VSC people is that the guidance is not going to be forthcoming in a matter of days, but instead weeks.

Congrats. Hope your waiting isn't to long. Looks like someone woke up in Montreal. So hang in there.

Our petition (cdngirl is my fiancee) has just been returned to USCIS. So god only knows how long this will take now.

oh no! how did you find this out?! is it this another IMBRA (or whateverthefuckitis) issue?

fingers crossed that it'll be fixed up right quick

k

I just got a email from the Montreal Consulate about it. I assume it's a IMBRA thing, because it's the same letter/email others have gotten for it. This is just devastating after thinking things were going to fall into place for her to be down here right after Cdn. Thanksgiving.

What really bothers me is I got off the phone with USCIS 10 minutes before getting the email, and they told me everything appeared fine.

Congrats. Hope your waiting isn't to long. Looks like someone woke up in Montreal. So hang in there.

Our petition (cdngirl is my fiancee) has just been returned to USCIS. So god only knows how long this will take now.

Thanks, Gary..... could you perhaps provide the URL for the site in which you found this information?

I have posted the link in various other IMBRA related threads........but here it is again.

IMBRA

Not good news

The U.S. Consulate General in Montreal has received a request from officials of the U.S. Citizenship and Immigration Service (USCIS) stating that the I-129F petition you filed on behalf of your fiancé(e) must be returned to USCIS because of new procedures required by law. The new procedures provide that USCIS must collect additional information from petitioners. Therefore, as per USCIS instructions, we have returned the petition referenced above to USCIS.

At this time, the petition is not considered to be valid. USCIS officials will be in contact with you concerning the additional information required to validate the petition.

This Consulate has no authority in the petition validation/approval process. That authority rests solely with USCIS. We have no further details as to what information will be required by USCIS, or how long it may take in order for USCIS to validate the above referenced petition.

We regret that neither this Consulate nor the National Visa Center has any additional information regarding your petition. Any inquiries concerning the status of the petition should be addressed to the USCIS, telephone number 800-375-5283.

Just got off the phone with the USCIS helpline again.

They were more cranky and less helpful, but they still aren't aware of any mass recall that they've ordered, so hopefully that is a good sign.

Congratulations !!!

Congrats!!!

It seems that some of the embassies are overreacting. My guess is there are a lot of conference calls going on right now to get it straightened out. Just give it a little time and they will work it out!

This is my thought too. There is a requirement in there about the embassy being responsible to notify the beneficiary of the petitioner's criminal background, and maybe some embassies just panicked if they didn't have a process in place for it. It really really sucks for people in limbo right now, but hopefully it all gets sorted out quickly and everyone gets apologies for the inconvienence.

There has got to be something more than just their attempt to implement this new law.

But, if the beneficiary has completed all the police certificates and is ready for the interview -- why hold things up? What more is there to review? Either the petitioner is a citizen and is un-married, or not. That is all the review that needs to be done prior to the interview on the petitioner, correct? Then, at interview review the financials and the police certificates of the beneficiary and move on with the thing! Why is it more complicated than that?

More and more, I'm getting the feeling that this is just a mammoth screwup at some middle level of the system.

As posted elsewhere on this forum, the law specifically states that DHS is not authorized to perform any new security checks:

(iii) The Secretary of Homeland Security shall provide

to the Secretary of State any criminal background

information the Secretary of Homeland Security possesses

with respect to a petitioner under subsection

(d) or ® of section 214 of such Act (8 U.S.C. 1184).

The Secretary of State, in turn, shall share any such

criminal background information that is in government

records or databases with the K nonimmigrant visa

applicant who is the beneficiary of the petition. The

visa applicant shall be informed that such criminal

background information is based on available records

and may not be complete. The Secretary of State also

shall provide for the disclosure of such criminal background

information to the visa applicant at the consular

interview in the primary language of the visa

applicant. Nothing in this clause shall be construed

to authorize the Secretary of Homeland Security to

conduct any new or additional criminal background

check that is not otherwise conducted in the course

of adjudicating such petitions.

All it does is require the Department of State to notify the beneficiary if the petitioner has a criminal record.

Totally speculating, but the cancelled interviews may be a CYA manuever on the part of some of the embassies if they didn't have a process in place for this yet.

There are additional burdens on the USC IF they went through a marriage broker:

( B ) BACKGROUND INFORMATION.—The international

marriage broker shall collect a certification signed (in written,

electronic, or other form) by the United States client

accompanied by documentation or an attestation of the

following background information about the United States

client:

(i) Any temporary or permanent civil protection

order or restraining order issued against the United

States client.

(ii) Any Federal, State, or local arrest or conviction

of the United States client for homicide, murder, manslaughter,

assault, battery, domestic violence, rape,

sexual assault, abusive sexual contact, sexual exploitation,

incest, child abuse or neglect, torture, trafficking,

peonage, holding hostage, involuntary servitude,

slave trade, kidnapping, abduction, unlawful

criminal restraint, false imprisonment, or stalking.

(iii) Any Federal, State, or local arrest or conviction

of the United States client for—

(I) solely, principally, or incidentally engaging

in prostitution;

(II) a direct or indirect attempt to procure

prostitutes or persons for the purpose of prostitution;

or

(III) receiving, in whole or in part, of the proceeds

of prostitution.

(iv) Any Federal, State, or local arrest or conviction

of the United States client for offenses related to controlled

substances or alcohol.

(v) Marital history of the United States client,

including whether the client is currently married,

whether the client has previously been married and

how many times, how previous marriages of the client

were terminated and the date of termination, and

whether the client has previously sponsored an alien

to whom the client was engaged or married.

(vi) The ages of any of the United States client’s

children who are under the age of 18.

(vii) All States and countries in which the United

States client has resided since the client was 18 years

of age.

I will say that reading all this makes me much more comfortable about things right now, assuming the USCIC, DHS, and DoS will follow the actual law. That might be a stretch, so I'm continuing in efforts to find out info on my case in particular, but at least there is much more hope of not going into a black hole of waiting than yesterday.

who knows what's going on.. we can only speculate... but.. if this law is in effect and interviews are being cancelled for no reason, well then you can write your congressmen(or women) letters.. via FedEx... but.. if this law is implemented properly, I have no problem with waiting a little extra time if it means that there are more stringent background checks on USC's for abuse/violent crimes.. I'd rather wait than have another woman beaten...

I'd rather this hideously unjust law be withdrawn and a fair one put in it's place. Assuming a man is guilty because he's male is unjust to the extreme. I'd rather allow the police here enforce the laws against spousal abuse than keep this law in place and make the lives of many American citizens much more difficult for what could be an indefinate period time.

i just called the NVC and she said if this was real they would be the first to know about it, and NO they know nothing and have not and will not be sending ANY petitions back to service centers for extra security checks

She said it may possibly be induvidual cases that they ran across a problem with that they didnt catch before, and are not fixing it by canceling the interview.

but she assured me, they have not or will not be returning ANYTHING anywhere!

i suggest everyone else call and ask to see if they get the same answer as i have.

the wait time is at 2 minutes to talk to a NVC CSR

What is the NVC contact number? I don't see it on the letter I have.

Ok this guy has totally confused me

my NOA2 was May 3, am i ok???? i wont be recalled????

There are a lot of conflicting info, but it sounds like it's based on your NOA1 date, so you might be ok. But who knows with this corrupt, absurd government we have here now.

My thoughts exactly Robert.

As i said in the other thread I think the Embassies really arent sure whats going on and are referring back to USCIS - hopefully there should be some directive going out about this - it seems the new law is being misapplied (from what I understand from reading here).

BUT - if the checks are righteous I doubt tehy will take very long otherwise everything will just grind to a halt across the board as service centers are choked up with recalls.

And once the recalls are returned to the Embassy Im sure they will be fast-tracked for interviews.

Honestly, I would think only the VSC is facing major backups ... how many of the other service centers have a lot of NOA2 out there with NOA1 dates of 3/6/06 or later?

Atlanta is a federal district court. The ruling would affect the application in all states.

From the original court order:

Further, at this stage, the Court is of the opinion that the Act is more extensive than is necessary to serve the governmental interest in protecting foreign women from abuse at the hands of United States males, in that the disclosures required are overbroad.

Because this does involve violations of the First and Fifth Amendments, Plaintiff has likewise demonstrated that a temporary restraining order is necessary to prevent the irreparable injury presented by the constitutional violations, that the threatened injury outweighs the harm that the TRO would inflict on the government, and that the TRO would serve the public's interest.

I think the TRO expired 4/24 ... I'm sort of surprised the court hasn't renewed it. Maybe they will once word leaks out.

If this is about a marriage broker shouldn't all the other K1s still move on smoothly?

You'd think so..but one or more of the people here who've had a recall didnt meet thru an IMB

I have really no idea whats going on - and I suspect the people at the sharp end - the Embassies - dont either.

Hopefully someone will be able to make a definitive statement on what WILL happen, not what 'should but doesn't' or 'what shouldn't but has'

I just got off the phone with a very helpful person on the USCIS customer service line.

As far as the USCIS is aware, there hasn't been a mass recall, but they said there have been several reports of this happening, and they expect to have a definitive answer for me tomorrow. She told me to call back around noon tomorrow or watch the website for updates as they finish looking into the reports.

If I get any more definitive answers tomorrow, I'll post them here ASAP.

Where on the website are you watching?

She didn't say. I assume the front page or the What's new section would be the most likely places to be updated with it. I doubt we'll see anything for at least the next 14-18 hours, since I'm sure USCIS is shut down for the night at this point. Anyway, unless something definitive is posted in a clear spot, I'll probably call on my lunch hour.

I promise I'll post here as soon as I hear anything definitive on any phone call, hopefully with good news.