miker32us

It appears from this educated announcement that until USCIS enters all the petitioners info in a database to make sure no one is filing multiple applications there will be no movement on I-129F's out of MSC. So earlier posts that indicated IMBRA is not affecting I-129F's for those already married might only pertain to the RFE's going out asking for the petitioner's criminal background. It is most certainly affecting the I-129F's now!!!!

OMG thats scary!!!!

Maria

See this link

http://www.nrilinks.com/immigration/Servic.../service.asp#vt

You might try various combinations of the following:

VSC-XII.130@dhs.gov

Also found this on google:

Vermont Service Center

USCIS's Vermont Service Center (VSC) has jurisdiction over the following states: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, Washington D.C. (not a state), and West Virginia.

VSC also has jurisdiction over the following USCIS offices: Puerto Rico, Bermuda, Toronto, Montreal, Virgin Islands and the Dominican Republic.

VSC's Public Inquiry Line for checking the status of pending immigration petitions and applications is (802) 527-4913

I've searched the archives here and checked on the web, and am unable to locate a telephone number, fax, or e-mail for the Vermont Service Center. All I have is the national 1-800 number for the USCIS. Does anyone here have that information, and, if so, would they be willing to share it? The national number cannot provide me any information. Thank you!

Given the long processing times we are seeing I would strongly suggest she come here on her visa, you get married and then apply for AOS. I certainly would have suggested my wife stay here and adjust rather than go back to Taiwan.

Hi Everyone,

First off, let me thank the moderators for creating this message forum. As I am sure that it has been a big help to everyone and will be a big help to me! Wish I would have found it sooner.

Here is my question? Which would be better? To have my German fiance come to the states (with her provided European Union tourist visa), wed here, and then file the papers? Or, would it be better to file for the K1 visa and take it from there?

If we do the K1, get married within the 90 days, will she have to leave after the ninety days and the case is still processing? What about if we did it the Tourist visa way?

Basically, I what I am getting to, is what is the best way to have her in the states without any interruption if possible?

Thanks for any advice to be offered! ;-) I will also crosspost this in the K1 section as well.

Patrick

I am interested in learning more about this cancellation process too. CSC approved my I-130 but made an error in approving it and assumed my wife is already in the US, which she is not. CSC requested that I fill out the I-824 and pay another $200 to correct their mistake, which I did. I do not want NVC cancelling the K-3 since it might take several additional months for the I-824 to be processed by CSC and my I-130 package to be sent to NVC. Does anyone know how NVC would know an I-130 was approved if it never got to NVC?

As I understand, both NVC and the Embassy will normally cancel the K-3 if the CR-1 is approved.

I would like to know when exactly that happens. In my case, NVC has already sent the K-3 file to the Embassy and the K-3 interview has been scheduled for July 10. The only thing remaining at the NVC is the DS-230. So I am wondering if I should send the DS-230 now, or if I should wait until after July 10.

If I send it now, and NVC does Case Complete before July 10, will they tell the Embassy to cancel the K-3? Or will they simply forward the CR-1 file to the Embassy and if the Embassy gets it before July 10 then the Embassy will cancel the K-3?

Basically, I don't want the K-3 to get canceled!

June 10 2006

HOLD UP OF FIANCÉ(E) I-129F PETITIONS

by

Cyrus D. Mehta*

The International Marriage Broker Regulation (IMBRA) was signed by the President on January 5 of this year. A 60-day deadline of March 5, 2006 was established for the Department of Homeland Security to begin asking K-1 petitioners for their criminal background information specifically relating to domestic violence, sexual assault or child abuse. The DHS has not met the deadline for collecting the information. At the AILA-NY Chapter Meeting on June 5, 2006, Keith Canby, Adjudications Manager of the USCIS Vermont Service Center indicated that the VSC is currently holding all I-129F cases received on or after March 6, 2006. Mr. Canby indicated that these cases would be held until HQ issues guidance on how to proceed with respect to capturing information required by IMBRA.

The IMBRA, in summary, requires the petitioner to include a list of violent crimes, including assault and battery as well as crimes relating to substance or alcohol abuse. DHS will provide this information, as well as the results of a search of any other criminal convictions, to the foreign national beneficiary. The DOS is also prohibited from approving K visas if the petitioner has petitioned more than two K visas in the past, or less than two years have passed since the petitioner filed for a K visa and that visa was approved. The DHS may waive this bar, unless the petitioner has a history of violent crimes, and then the bar cannot be waived unless the DHS has determined that there are extraordinary circumstances, or the individual’s crimes were a result of domestic violence, the individual was not the primary perpetrator of the violence, and the crime did not result in serious bodily injury. All K visa beneficiaries will be provided a domestic violence pamphlet.

In the mean time, the VSC approved several K-1 fiancé(e) petitions in error even though they were filed on or after March 6, 2006. They were sent to the National Visa Center (NVC), which in turn dispatched the case to the consular post for the K-1 visa processing. On May 6, 2006, the DOS issued a cable (P 121528Z May 06) confirming that the cases approved in error will be returned to the NVC. Even cases with firm appointments at consular posts or those that have been treated as pending under Section 221(g) are to be delayed while the petition is returned for further information. The DOS cable indicates that DHS will send additional questionnaires to the petitioners inquiring about their possible criminal backgrounds. When the petition is compliant with the IMBRA, it will be returned to post from USCIS through NVC for processing. The DOS cable specifically states that K-3 spousal petitions will not be recalled from the posts.

While the IMBRA affects K-1 petitions, it also modifies the data capturing procedures for K-3 petitions. Multiple petitions for fiancé(e)s and spouses filed by the same petitioner shall be entered into a multiple tracking database. Once a petitioner has had two approved petitions, whether under the K-1 or K-3 visa category, a subsequent petition filed within 10 years of the first approved petition shall result in a notification to the petitioner and beneficiary about the number of previously approved fiancé(e) or spousal petitions in the database. While there has been no official announcement, it appears that K-3 petitions are also held up at the Missouri Benefits Center. Until the hold on fiancé(e) and spousal I-129F petitions are lifted, it may be quicker to rely on the I-130 petition to directly sponsor a foreign national spouse for lawful permanent residency. Of course, for this to happen, the US citizen sponsor would first need to marry the foreign national overseas. However, there now exist I-130 petition processing delays in excess of six months. Some posts allow US citizens to directly file I-130 petitions and this could speed up the processing of the spouse who could enter the United States as a lawful permanent resident or green card holder.

--------------------------------------------------------------------------------

*Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, practices immigration law in New York City and is the managing member of Cyrus D. Mehta & Associates, P.L.L.C. He is the Chair of the Board of Trustees of the American Immigration Law Foundation and recipient of the 1997 Joseph Minsky Young Lawyers Award. He is also Secretary of the Association of the Bar of the City of New York and former Chair of the Committee on Immigration and Nationality Law of the same Association. He frequently lectures on various immigration subjects at legal seminars, workshops and universities and may be contacted in New York at 212-425-0555.

According to USCIS Service Center's Contract there are 3 levels, Tier 1 is an automated answering machine, Tier II is a person most likely in training and Tier III are the more experienced staff. Ask for Tier III when you call!!!

I

CSC UNITE !!! LET'S FLOOD THEM WITH CALLS, EMAILS AND LETTERS!!!!

.

Well,

I got a question for you then: Somebody on a different forum concerning the same exact subject told me that they had tried to contact the USCIS rep and that's what they were told: their petition was not lost, it was being worked on and most likely it would get approved sometime in August. THe petion was dated 10 April

I tried to call teh USCIS 20 min ago and all I got was that automated system answering my questions in teh most stupid way ever possible - by me hitting buttons on my phone choosing from the offered options. Please, People, tell me what to do to get an alive person on the phone

#######, what the hell is going on with those lazybutted government workers?

For speaking with a live person, you have to play with the machine answering that it has been more than 90 days since your application and more than 30 days since your last inquiry, any other answer will cancel the option of speaking to a live person. I know it is a lie, but if you want to speak with somebody you have to have a good reason for complaining to them when they already informed you on NOA1 that it could take up to 90 days for processing it, and your timeframe will not be expired untill the 10th of July.

Then before it will fall under the "SIGNIFICANTLY OUT OF PROCESSING TIME REVIEW" the application must be over 90 days older of the actual processing time.

An example: lets say that you filed 1JULY2005 and a processing center TODAY is at 15SEPT2005, before you may appeal and request an investigation for "SIGNIFICANTLY OUT OF PROCESSING TIME REVIEW" you will have to wait that the particular processing center will star processing dates older than 2OCT2005.

I used to think that Italian burocracy was crazy, but compared to what I have witnessed in the last 10 years of my American journey, it really put things into perspective and made me realize how good instead is my mother country 2000 years old burocratic system....

It appears from your timeline that was almost 5 years ago, things have changed at the border since then!!!!

I was told by immigration that you cannot visit while the K3 is being processed.

whoever told you that was wrong. You CAN visit the US and lots of people do all the time, its just as zyggy said, harder to prove to the border official that you do not have any immigrant intent at that time. I visited lots during processing and even stayed for 5 1/2 months while we waited.

My I-129F was filed with NBC after the I-130 went to CSC from TSC. I have an MSC number and never received an e-mail that my case was sent to CSC. So I wonder if MSC is still processing I-129F's - does anyone know?

5.000?

Probably not only from California, right??

I hope I get mine.. My case was reopened last thursday.

What else do they need to do before sending my RFE?

Considering CSC supposedly received most if not all of the 10,000 being held because of IMBRA, I would bet this is just CSC. VSC already started.

By the way, thanks to GaryC for keeping us posted!!

I am fighting hard to think positive. Come on RFE!!!!

GAO report on USCIS contractual services lack of performance

http://www.gao.gov/new.items/d05526.pdf

All of the USCIS offices are staffed by contractors. The government agents only provide high level approving and review.

I

CSC UNITE !!! LET'S FLOOD THEM WITH CALLS, EMAILS AND LETTERS!!!!

.

Well,

I got a question for you then: Somebody on a different forum concerning the same exact subject told me that they had tried to contact the USCIS rep and that's what they were told: their petition was not lost, it was being worked on and most likely it would get approved sometime in August. THe petion was dated 10 April

I tried to call teh USCIS 20 min ago and all I got was that automated system answering my questions in teh most stupid way ever possible - by me hitting buttons on my phone choosing from the offered options. Please, People, tell me what to do to get an alive person on the phone

#######, what the hell is going on with those lazybutted government workers?

All of the USCIS offices are staffed by contractors. The government agents only provide high level approving and review.

I

CSC UNITE !!! LET'S FLOOD THEM WITH CALLS, EMAILS AND LETTERS!!!!

.

Well,

I got a question for you then: Somebody on a different forum concerning the same exact subject told me that they had tried to contact the USCIS rep and that's what they were told: their petition was not lost, it was being worked on and most likely it would get approved sometime in August. THe petion was dated 10 April

I tried to call teh USCIS 20 min ago and all I got was that automated system answering my questions in teh most stupid way ever possible - by me hitting buttons on my phone choosing from the offered options. Please, People, tell me what to do to get an alive person on the phone

#######, what the hell is going on with those lazybutted government workers?

You are correct that all call centers are staffed by a USCIS contractor. But there are ways to get through to them via e-mail and fax. I have contacted CSC directly and found several lawyers who post the service center contact info. Congressional staff members have a direct number to call too!!!!!

One cannot directly contact the individual service centers or NBC. That role is now done by NCSC on the 1800 number. There are 4 such call centers all linked via that number. They are contractors and as such can only tell you what you can already see on your case status online. If there is an issue and you are way outside the processing times they can put in a query to the service center and they will contact you. Mostly though they tend to give the standard email responses that we have all become accustomed to. They can also take care of basic things such as change of address etc.

The service centers including NBC are not geared up to take walk-ins or to answer enquiries via telephone or email and this has been the fact since NCSC was established. CSC is the only service center that has retained an email address. The 4 call centers are situated in the same states as the service centers, but they are just that, call centers.

Lorelle

Maria,

I found all of the phone numbers, e-mails and faxes for CSC from Google and got in touch with someone there a few minutes later who was very helpful. There are also imigration websites which list these contacts. This is no BS. Just try it.

Just do a google search on USCIS service centers and various combinations of that and you can find any information you want. Several Immigration lawyers also post the e-mails and tel numbers on their websites. Good luck.

They dont have a phone number. I meand they do have an email address and a phone numb but only senators/representatives know it. My husbands representative talked to them by email every day. They dont release it to the public, of course. Otherwise imagine how many ppl would bust their ba*&s lol.

You can contact California Service center, they actually have an email, but I dont know how much it owuld be good for you.

Good Luck

Maria

Dont say BS pls. There's no way u can ever find the NBC phone numb on the internet! And on google.com Come on pls, I thought this was a web site made for helping ppl, not a BS line

Maria

No you do not need to list any additional income or bank accounts if you make more than 125% of the povery level income.

My advice is come in through Honolulu, have a wonderful week and then come to the mainland, no questions asked whatsoever.

I know the CO's do this but I am wondering under what authority they have to keep someone out if a person has a valid visa and has come to the US several times over the past year and gone back to their home country each time. Does anyone know the actual law invoked when someone is turned away? My wife has met me in Hawaii twice over the past year and a half and never even asked a single question but it seems like the CO's on the mainland are much more suspicious.

The CO can deny entry if the person traveling does not provide evidence of ties to their home country... meaning they would deem them at risk of not returning once they have entered the US.

My SO traveled under the VWP but was still asked for his return ticket... he also had a letter from his employer as evidence of his obligation to return but was not asked to produce it. Some have been asked for such evidence.

Jen

Does anyone have any experience with their SO travelling to the US on an valid tourist visa while these immigration applications are being processed? Is it up to the discretion of each customs officer at the POE as to whether the tourist is allowed into the US regardless of their having a valid visa? Does anyone know what authority is invoked at the POE to prevent a tourist with a valid visa from entering the US?

No, you cannot apply for a conditional visa other than the I129F, that MIGHT get your wife here sooner but with IMBRA it might take longer than the I-130.

Folks,

I am a bit confused (which I am hoping is not indicative of lack of intelligence or laziness to rid myself of ignorance :-).

I am under the impression that

1. You file for I 130 and wait for NCOA 1

2. You file for I 129F (after I 130 NCOA 1) and wait for NCOA 1

Then, when you get NCOA for the I 129F, the file makes it there eventually to the US embassy and the spouse gets packet 3 and 4, then the interview and then the spouse makes it to the US.

In my case, the I-130 has been approved (has been for over a month), and I am waiting for I 129F NCOA 2. But after reading through some threads, it seems that I have other options right now (like applying for a conditional VISA using which my wife can join me?).

Am I getting this right? Incidentally, I DID get an attorney who does not seem to be very bright or up to date on current issues (you guys are WAY more educated than my attorney) <grin>.

Thanks in advance,

KP

Just do a google search on USCIS service centers and various combinations of that and you can find any information you want. Several Immigration lawyers also post the e-mails and tel numbers on their websites. Good luck.

They dont have a phone number. I meand they do have an email address and a phone numb but only senators/representatives know it. My husbands representative talked to them by email every day. They dont release it to the public, of course. Otherwise imagine how many ppl would bust their ba*&s lol.

You can contact California Service center, they actually have an email, but I dont know how much it owuld be good for you.

Good Luck

Maria

If you were just speaking to the USCIS Customer Service Center, you need to contact the service center handling your package, the 1-800 center will not give you any information.

Does your fiance already have a US visa to enter the US from Mexico? If your petition has not been approved yet, your application is just sitting at the service center awaiting approval and nothing has been entered into the computer and you should not have to worry about her crossing the border. On the other hand if your application has been entered into the USCIS computer then your fiance's passport number is in their system and the customs office could see that when she enters. If you sent your petition in March 3 then you most likely fall under the IMBRA regs and have not been aproved.

It might be easier for you to visit Mexico!!!

So I just found this forum today and yeah I sent my petition in March 3rd got first notice this month that it was in CA now and I called USCIS and spoke with a real pleasant lady (Sarcasm to the fullest here). I guess when it only takes a high school education to get your job of phone monkey, we shouldnt expect they might want to be helpful and polite. Anyway couldnt get any info out of her other than the fact she is a raging B$*%@...so I took my own route and found you all....which I have a question...my fiance is supposed to go to the USA and visit but we are worried she will be blocked from the USA does anyone know the answer if she will or not?

Did you call the 1-800 number for USCIS customer support or directly to the service center that handled your case. They DO have direct numbers and e-mails you can use when THEY make a mistake. And you do NOT have to file the I-824. That seems to bethe only thing the customer service center recommends.

Well my I130 was approved on April 13,2006 and they said in my email that they mailed me a letter. They didn't mail it to my attorney, to me. My attorney has not received anything. Neither have I. I have called the center and consistently put in my address. I did move March 1. I never received even a letter stating they had my information and changed it. Now the change was put in before my approval date and my ex landlord is a friend of mine, so she keeps any stray mail i get there. Nothing has ever come. The NVC does not have the file and on July 13, 2006 it will be 90 days. They all say that it can take up to 90 days but with this letter missing, etc. I have no idea. The NVC said they would get the file for me but i need to fax them the approval notice, said i didn't get it and they won't take an email copy.

Now they want me to fill out an I824 and pay 200.00 for a copy of the approval that i never got. I called the Post office, they checked everywhere and no letter. The USCIS said they didn't get the letter of approval returned to them. I am wondering if my file got mixed up in the fiance visas waiting to go out. This is a mess!

I am thining of writing them a letter, sending it certified telling them all I have mentioned above. What does anyone think? I am not paying another 200 for a receipt I didn't receive or lose.

Andrea

Here is everything you ever wanted to knwo about CSC:

http://www.region12.nafsa.org/CSC_Guidelines_5-03.pdf

Hey what is the E-mail address for CSC im getting bored of just sitting and waiting i want to pester them about it after seeing people from VSC in May getting RFE..thanks.

The USCIS Customer Service Center is run by a contractor and the person answering the phone is most likely a rookie, you might get lucky and reach a tier 2 staffer who has been around awhile but not likely. If USCIS goes the way of other Customer Service Centers like Bellsouth we will soon be talking to someone in Pakistan or India...lol

I don't know whether to believe this, but when I called USCIS the other day, they told me that K3s with an approved I-130 were NOT affected. The rationale they gave me was that "I-130 is the more important of the applications, and you're already married with an approved petition." They said no RFE would be issued and our I-129F would continue processing.

Again, this could be another case of the "Mis-Information" line spewing out incorrect info, when in truth, they don't know the answer, but that's what I was told. Make of it what you will!

In my case if they touched it that means they have the case file which CSC said they would need to get in order to correct their previous processing error. Still rolling rolling rolling!!!!

AHA!!!! I see, my I-130 was touched yesterday at CSC but no e-mail of what their determination was. Maybe I will get today. happy happy!!!!!!

When you log into your portfolio, there's a column showing "last updated". You've been "touched" whenever that date changes.

you may want to slow your roll just a bit!! as i said in my previous post ... a touch really means nothing. someone may have worked on your case during the last 5 min of their day so the date changed. a touch is NOT indicative of an RFE, denial or approval.

sorry to pop that bubble!

AHA!!!! I see, my I-130 was touched yesterday at CSC but no e-mail of what their determination was. Maybe I will get today. happy happy!!!!!!

When you log into your portfolio, there's a column showing "last updated". You've been "touched" whenever that date changes.

I have registered to get e-mail for both my I-130 and I-129F but I do not see when either of these is "touched" - how can I see touches?

when ever an ajudicator performs any type of work on your case ... you are 'touched' and you will a date change with your online status. you can register at the site once you have your NOA1 # (also located on the back of your cancelled check). some people are:

*never touched and approved

*never touched and RFE'd

*touched once and then approved

*touched several times and approved

*touched several times and RFE'd

see the pattern here?? unfortunately, there is no way that anyone here on VJ can tell you if you case will or will not be touched and how many times.

you can check your online status here!!