SaysWho

Hi all!

The next Ombudsman teleconference being held Friday, March 28/08 will have a segment about RFE's. It may be of interest to some on this forum.

“Requests for Evidence (RFEs): How Do They Affect You?” Here is the link...

dhs.gov

Annie & Tim

There may have been the rare I-130 that took a year to get approved by USCIS, and many CR1 visa timelines from submission to visa were a year or more but you seem to be confusing petition approval with getting a visa.

Average I-130 approvals were faster in 2006 than in 2007. Three to four months was the norm in 2006. The November 2006 change in policy is one factor in the slow-down but there are a couple other major factors like an unexplained May and June slowdown in NOA1 issuance and the July rush in filing.

What you haven't done is compare I-130 approvals where no I-129F petition was filed to the cases where both petitions wer filed. For instance if Bill and Jane are going the CR1 route and file in May, you'll see their petitions approved in three or four months. Their neighbors Jim and Mary going the K3 route file the I-130 the same day but don't get their NOA1 for three months (or more). They then file the I-129F and 4 months later get their approval. Ask Jim and Mary if filing the I-129F slowed their I-130 approval. Remember, they watched Bill and Jane's petition get improved three months faster. Jane and Mary both arrived in the USA last week but Jane can begin her new job April first, while Mary an dJim will have to pay $1010 and wait for the EAD and SSN. Maybe she can plan to work in July. Those of us here and watching closely, say Bill and Jane and Jim and Mary experience this and remember it well.

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It's always dangerous to approach facts and statistics with the intention to support a predetermined analysis.

In November, 2006 USCIS and DOS put their heads together and announced they would effectively do away with the process that allowed petitioners to have both a CR1 and K3 process proceed through the system simultaneously and choose the winner. On paper, they said you could "clearly indicate" you would use the Consular process and get both petitions forwarded to NVC but in practice they simply ignored the requests in cover letters and even big red sharpie notes on the petitions themselves. This policy remains ongoing. From it comes the advice, "If you want an immigrant visa, don't file an I-129F."

They, USCIS, CAN and DO take actions that reasonable people would interpret as illegal or certainly against the spirit and intention of laws governing the visa process. They do it no matter how aggresively others cry "YOU CAN"T DO THAT!" Fighting them on these things can be successful but can also take many months to years, by which time relatives usually arrive through the process being protested.

It looks like, what I suspect are members of Congress, got USCIS's attention on the K3 petition closure issue and things are back on the track in place since November 2006. That change left a lot of petitioners in the lurch but we haven't heard much about how they resolved their issues.

One year ago it was taking 1 year to get an approved I130 petition. Now it take 3-5 month to get an approved petition. hhhhmmm

Now that they have changed the process to combine the petition it is going much more faster.

The proof has been posted a bazillion times.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

The above press release along with all the timeline information showing I-130 and I-129F being approved the same day even when the petitions were filed 3 to 5 months apart is proof enough.

Before Nov. 06 the two petitions were processed independently at separate service centers. NBC (MSC) was the only center processing I-129F for spouse. The I-130's were processed in CA and VT and had their own queue independent of the I-129F. Once the service centers were up to speed with the new policy (see link above) not only did the pick the winner (or change your mind and pick the loser) scenario die but the I-130 was handicapped by the I-129F filing. The I-130's were taken out of their queue and put in the I-129F for spouse queue, effectively losing their place in line.

This comment is similar to something I posted here a while back regarding what priority date is used for those petitioning for K3 - I'll repeat a bit as this is also an observation to what is being said here.

Many are saying or implying that an I-130 filed for CR1/IR1 is processed sooner than an I-130 filed for K3 (and later followed by an I-1129F, of course) - i.e. that if you file the I-129F four months after the I-130, that your I-130 will processed four months later than those who have filed an I-130 alone for CR1. The actual approvals we are seeing right now, do not support this at all. It appears that the big bunch of I-130/I129F approvals (petitions for K3) that came through in the past week or two, were almost all from the I130 submission dates back in August. Have a look at their dates for filing their I-129F!..A whole lot of their corresponding I-129F's were from Dec/07 and Jan/08 (filed after receiving I-130 NOA1's many months later) At this point in time it appears they are using the priority date from the I-130. Now go and look at the recent approvals of I-130's for CR1/IR1...they appear exactly the same - the recent approvals are from August, too!

I think there is a huge misconception out there that filing an I129F takes your I130 "out of the queue" and back in from the date of their I-129F and that an I-130 petitioning for an CR1, will be approved much sooner than if petitioning for a K3. I understand that I-130 approvals for K3 are no longer faster, but let's be clear! Recent approvals clearly show, it does NOT delay processing the I130.

(Now, what happens from the time of approval, is an entirely different story....for instance in my spouse's country, two couple with I-130's filed the same day and approved the same day - one petitioning for K3 and one for I-130 - The person will have a K-3 in hand close to a year sooner than the person receiving a CR1.)

I completely concur that there are many, many individual factors that determine which visa is right for an individual couple - do your research and determine which visa is best for you and petition for it!!!!! What I find disconcerting is when , I read on these forums (not necessarily or specifically on this thread) that people who really do want a K3, are concluding (or in some cases told!!) that filing an I-129F will delay approval of I-130.

Annie & Tim

Hmmm, it appears that the big bunch of I129F approvals that came through in the past week or two, were almost all from the I130 submission dates back in August. Have a look at their dates for filing their I-129F!..A whole lot of their corresponding I-129F's were from Dec/07 and Jan/08 (filed after receiving I-130 NOA1's many months later). I really don't see where USCIS is caught up to have processed all the I-129F's between September to December. ......at this point in time it appears they are using the priority date from the I-130.

Annie & Tim

Hi again,

....you also only mention an I-130...have you also (or will you) sent an I-129F for a K3? Just wondering, because if not, and you will only be filing for a CR1 then the VJ'ers on the CR1/IR1 forum may have more accurate estimates on when your petition may be approved.

Annie & Tim

Hi there.

We filed an I-130 on Nov. 19, but it was to Nebraska and then, of course, forwarded to California - so about the same date, but not the same Service Centre. The "Estimate" the system is giving me right now says "Based on timeline data, your I130 may be adjudicated as early as July 14, 2008" But the recent backlog has likely skewed the stats, so it's hard to know an exact estimate. However, I'm pretty sure it will be several months at the very least.

If you have filled out your timeline, the system should automatically calculate the Estimates at the bottom of the page. I'm not sure why that wouldn't be happening for you. Perhaps someone with more "technical expertise" can offer some advice.

We just try and remain positive and patient.

But, there doesn't seem to be many November filers on here, does there??

Annie & Tim

Hi! Welcome to VJ.

Your petition may be forwarded to Chicago Lockbox from California, although that won't necessarily hold up your petition - they may/should honor the original California received date. There has been some confusion about what "stand alone I-130" means.

This quote is from a post by PUSHBRK who is very seasoned and well informed member here...

USCIS has not made this crystal clear but my current interpretation of "stand alone" is that they mean "not with I-485" etc. When filing for AOS, many I'130's go in with the AOS paperwork. So I would mail to the lock box.

As for the name on the G325a, I'm sure someone here may have experience a similar situation and will be able to advise you.

God bless your Visa journey!

Annie & Tim

Congratulations! We are so happy for you, it was long, long overdue!

I don't think it should be any more difficult at this stage, but I'm sure you will hear from other VJ'ers who have traveled to the US after petition approval.

I love seeing pic's of happy couples!!! Thanks for sharing, everyone!

Here's our picture - taken Fall of 2007

Her priority date is from before july 28th, though, so she might have been one of the last k3s to be approved

congrats

I don't understand how her priority date could be before July 28....they didn't send either petition until Aug. 13.?! This appears to be a legitimate August K3 approval.

If both have been approved this is very good news for those of us praying for K3's.

Hi There!

You have likely seen me on the Coho....took it almost every weekend from last spring until end of November when the schedule went down to once a day...I live about 2 hours north of Victoria and my husband lives in Tacoma. We now take turns traveling, each of us travel every other weekend via Peace Arch and although I've been questioned extensively, I pack everything I can (as others have listed) to prove my ties to Canada and I have had no problems.

Seems like there's a lot of us BC & Washington State couples here

Annie

So here is a thought, and a question at the same time...

Isn't it better that the K3 get cancelled, if they are taking approx the same time to process? The K3 may shave a few weeks off getting your spouse here, but doesn't the K3 require that you jump through a bunch of administrative hoops (AOS, etc) that are taken care of with the I-130? I may not understand the K3 correctly. But for those who are wanting USCIS to reopen the K3, I think you might not like it if they did. It seems you would only be prolonging your USCIS-suffering.

If I'm wrong, please clarify for me.

It really depends on what country the spouse is coming from. For us we would wait about 1 month for a K3 interview (as it would happen in Vancouver) or wait about 6 months for an IR1/CR1 (I-130) interview (as that kind are only booked in Montreal). So, for some of us, going with the I-130 would add a huge delay in being with our loved one. We continue to pray for a K-3!

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

To clarify my statement...I was not suggesting folks not file for the K-3, but I was suggesting that from the evidence we have at this time in history and from various sources, the K-3 is CURRENTLY being canceled once the I-130 is processed. Based on your interpretation of the conversation with the CSC USCIS rep, there seems to be a glimmer of hope that they will soon approve the K-3s again, at least at the California office. I hope this is accurate but we've heard conflicting things from USCIS reps and the infamous mis-information line.

This is why i have urged folks to work through your congressional reps and senators.

The choice to petition for K-3 remains someone's own personal decision. Good luck.

Sorry....just to clarify your clarification :-) ... it wasn't your post specifically that I was commenting on....I have been reading many posts in these discussion about K3 warning people not to file the I-129F. And, yes, I agree 100%, everyone should contact their reps and push for an offical response to this situation.

If you use the Timeline search function here on VJ, it shows three K3 approvals for filers after Aug 1/07, but that is consistent with what USCIS has posted for their processing dates (i.e. currently Aug.19 at California).

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

I'm still waiting to live in America, but being a regular VISITOR to my hubby's country, my favorite things in the US will include...

my Hunky husband

my wonderful new family

Costco pizza

Seaside OR

Carl's Jr. Western Bacon Double Chee

Macy's

Fred Meyer's

Cheap sports cars (love my new convertable!!!)

Can't wait to enjoy all of the above full time!!!

Oh boy....we're "old 'un's" LOL... I'm 52 and my husband is 49. Hmmmm.....does that make me a cougar?

God bless us all....love is grand at any age!

Hi everyone!

Yep, something is going on ......just checked our case status online and guess what??? our case was updated/touched Feb.14, too!!!!

Seems a bit strange that all our cases are being touched....and with the system as it is, I can't begin to guess why.

BUT ANY DAY THEY TOUCH OUR FILE IS A GREAT DAY!!

I just emailed the Ombudsman's office (cisombudsman@dhs.gov):

Please help Visa Journey members! We are DESPERATE for answers! People that have applied for the I-130 visa AND the K3 (seems like after July 30, 2007) are automatically getting their K3 visa application cancelled for no apparent reason! I am absolutely devastated as my husband (USC) sent in my I-130 application on August 7th, we waited 51 days for our NOA1, then submitted the K3 application. We are HOPING to have our NOA2 for K3 by the end of March but now, I am almost having an anxiety attack just thinking about it. Please read:

I talked to CSC AGAIN today and asked specifically about the cancellation of K3's. I was told that YES, K3 applications are now going through an "administrative closure" after the I-130 is approved. It started late last year, I was never given an exact date. Those of you whose K3's are now with the NVC were perhaps processed before this went into effect. I don't know. What I do know is that it isn't worth filing the K3 visa application and may slow you down.

This is a post from a Visa Journey forum member. The problem is is that it will cost a lot of money and even MORE time (which is the most precious) to then submit an I-130 for my son, then have it catch up to my I-130, then to fly all the way to Montreal for the interview (approx. $1500 for 2 of us) rather than Vancouver for the K3, as well as hotel accomodations. It is more important for most filers to be together sooner & have extra expenses on AOS, rather than the money gained from employment as soon as we enter the US.

WE ARE BEGGING YOU TO PLEASE HELP US WITH THIS SITUATION ASAP....MANY PEOPLE HAVE ALREADY HAD THEIR K3 VISA APPLICATION CANCELLED! THIS IS FRAUD ON BEHALF OF USCIS!

Thank you for your time!

Sincerely,

Jennifer & James

Let's hope something gets straightened out ASAP

Thank you for writing that letter. We will be sending one as well, due to being in the same boat. Having our I-129F cancelled and having to go with the I-130 would cost us an additional six months or more by dealing with Montreal vs. Vancouver. We just want to be together!!

Annie & Tim

Just a quick update...we recieved our NOA1 on Tues. and the reciept number was one digit different from the number on the back of the check. So we had been trying to access a number that didn't exist...the number on the NOA1 showed up online immediately.

Thanks for everyone's help!

Hi everyone!!

...just touching base and saying hello! We are praying that God speeds every single one of the January K3 petitions right through to approval! I'm sure there will be a very large group of us....USCIS churned out a pile of NOA1's for I-130's in January. We are looking forward to keeping in touch with all of you as we travel this road....stay positive and we can support and encourage one another...

God bless!!

Annie & Tim

Yes, we have just received our NOA1 and our cheque cashed last week....we filed Nov. 19. I have read of a few others on VJ getting them in the past couple days. You all should have yours any now, too.

ok...there are two totally different things being discussed here. One is getting a petition 'approved' and the other is reuniting with your 'spouse in country'. A I-130 may be approved faster than an K3 (I-129F), but in many cases going the CR1-IR1 will take MUCH, MUCH longer for you and your spouse to be together.

PLEASE CHECK THE TIME LINE FOR THE COUNTRY AND CONSULATE WHERE YOUR INTERVIEW WILL HAPPEN!!. Determine what your wait time for an interview is AFTER approval - this can vary greatly depending on your country and the what petition you have been approved for.

For instance, people have been waiting about ONE MONTH for an interview for K3 at the Consulate we would be sent to (Vancouver does K3), and up to ONE YEAR for the NVC and Consulate wait time where we would be sent for CR1-IR1 (only Montreal does CR1-IR1).

I would be MORE than willing to pay the $1000+ for AOS to be re-united with my spouse a year earlier!!! The K3 process has not been officially changed, and knowing USCIS, it could unoffically change many times over the coming months....we have no control over it. Given the information available at this moment in time................We are sending our I-129F tomorrow, if it gets cancelled, so be it....if it doesn`t, we are together much, much sooner.

That was great! Let's just all have a POTENTIAL FREAK OUT and get it over with!!! one...two...three...GO!!!!! LOL

Thanks for your response. The number on the back of the check was actually very clear - it just isn't showing up on USCIS data base yet. We had heard there is sometimes a delay and wondering how long it usually took.

Our check was cashed on Thurs. so we have the receipt number from the back of the check and we have registered on the USCIS website as an online customer. However, when I do a search for our WAC# it says it doesn't exist...also tried adding it via our "customer" screen, and same thing. When can we expect to see our case/receipt number online?

Thanks for any info you can provide!

Annie & Tim