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Karaoke

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Posts posted by Karaoke

  1. I think it is best to be patient... and it's best to keep trying calling until you reach an understanding officer...

    Both things are hard, but worth trying!

    Please help, I am desperate in trying to figure out why my papers are taking so long. After reading some of the postings, I see that many people who filed 2 months after me are already approved. I filed for my wife in July 2007,

    Timeline:

    I-130 filed July 2007

    NOA 1 receipt date July 25 2007

    called at least 5 times in the past few months, was never told to correct/fix anything, all papers seem accurate

    I-129 F filed Aug 2007

    NOA 1 received Aug 25 2007

    no updates, no touches, nothing, I called today and asked for a "service request" since my papers are more than 7 months old, and the processing times are past my dates, I was told that once I put my request in , it could take up to 45 days just to hear anything-meaning it could take 45 days just for the Cali. Service center to tell me why they are late, and this doe snot guarantee any further processing.

    Can anyone offer any advice/help please?

    Thanks.

  2. Are they more concerned with previous income or present income? If my USC spouse hasn't worked before but now makes a killing (many times above poverty line, but will only show in 2008 tax form), is that good enough? And what if I have more assets (not verified constant income) that easily equal one year of my USC's income? Is it useful to bring evidence of that?

    My employer letter was done by my supervisor.

    One thing about I-134, the directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

    The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

    In our case this what the I-134 included.

    • I-134 signed and notarized.

    • SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

    • Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

    • Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

    • Photo copies of past month or so of pay stubs up to a few weeks before the interview.
    My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

    If your income exceeds 125% or (100% for military) of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

  3. Sorry about this bout of sour grapes but, it is TOTALLY ABSURD that a K-1 should get it and a K-3 should not!!

    A K-3 is more than likely going to AOS, and in any case is ALREADY married to a USC.

    A K-1, without any offence, is just a person who might marry a US citizen...

    I think this is a clear case of double standards and I do not see the rationale behind it..

    The OP is coming on a K3 visa and K3 visa holders are not eligible for the EAD stamp from JKF as a K3 is not work authorized.... that only applies to K1 visa holders for the first 90 days after entry.....

    Kez

    GREAT news, thanks! and congratulations! Hope this is not a one-off... 3 weeks for a EAD is bearable...

    We just sent our EAD to Vermont and received the card in 24 days. We applied for the SS card the day after and received it in less than a week! So it seems to be going pretty fast now.

    Kristi

  4. Excellent advice, and I'd add a couple of newspapers and human rights groups too! :dance:

    You want to start of slow before reaching the highest level in the chain of command. Have you tried contacting the Director of USCIS. If that doesn't help, you move to the Secretary of the Department of Homeland Security. After that you would move to the VP.

    I've been in management for many years ..... and I'd never bothered with the lower ranks as they're not the real decision makers .... nope, straight to the top is what I say.

    Mohgli .... I'd c.c. it to the President!

    And everyone else on the list of immigration policy making Senators (just so they know your letter is out there) .... why mess around ..... blanket the lot of them .... my experience has always shown, if you make enough noise, someone will listen.

    If noone replies .... do it again! .....

  5. I wonder if they'll deny him an entry visa when he goes on that holiday to Europe: that would be hilarious!

    :devil:

    Emilio T. Gonzalez

    Director, U.S. Citizenship and Immigration Services statement . . . . :rofl:

    Seriously?! What a dirtbag!

    Talk about a one-sided view of the immigration nightmares. I understand that they are working on their problems and their staff are working diligently . . . but that really didn't answer any of the questions that most people filing have. Like whyTF is is taking so long? Why is customer service so rude when presumably most people start politely asking for information? Why is your computer system creating delays in reporting information? Why are people cases being completed WAY ahead of the queue?

    Because they are to busy sitting on Woodhaven Blvd trying to get a #######!!!!!!!

  6. you think POE is closed Saturdays? Hope not!

    American Airlines would suite me MUCH better... but I think I can use Delta if they accept my Skyteam miles! ;-)

    What can be considered STRONG ties to your country? I am self employed and do not rent a house...

    But I do have bank accounts in 3 European countries... What a stronger tie than money? ;-) Would that be ok to show that one has bank accounts here in Europe?

    Yes ..... Dublin has POE for the US, but not on all flights. I called the US Immigration department at Dublin Airport and asked the very nice and friendly American (by the sounds of it there was only one .... the rest were Irish) what flights were under the U.S. POE scheme and he told me Delta.

    I was shocked at the ease of contacting them .... as I haven't been able to in the U.S.

    I am looking at going on a flight during the working week (monday through friday) incase they're all off at the weekend .... the Irish are wonderful, but their working hours may be a dodgy at weekends I'm thinking.

    The U.S. POE is only open in the mornings from 6am till 12pm I do believe, but basically, if you fly Delta to the U.S. on a morning flight out of Dublin you'll clear Immigration in Ireland .... and know that you're through before start the trans atlantic flight.

    Make sure it's a direct flight into the U.S. and not one with a changeover outside the U.S.

    Take anything you can get your hands on which shows ties to your homeland .... the American Immigration Officer I spoke to in Dublin did stress this to me, but was helpful and friendly.

    As far as one way flights ..... I don't know about that .... if you had purely Delta, they'd be able to see your return flight booked on the screen maybe when you check in .... remember you'll get more questions there as well.

    I have no idea if you'll get a hard time having return flights with different companies.

    And AJS .... as far as flying when a case is at NVC, my personal opinion would be that they would just the same .... you're still an impending immigrant ..... always take as many ties to your homeland that you can and hope for the best.

    If they question you, at least you can be honest and say you're approved but still have to return for interview anyway .... who on earth would want to ####### it up at that stage is beyond me.

    Flying with an intent to immigrate to the U.S. in the future and proof of it on the screen is going to be dodgy, whatever way you look at it , but hopefully you guys will get someone with a heart that day when going though POE.

    Goodluck, and do let us all know if you get through if you decide to fly.

    (F)

  7. 5 months ONLY?? You did Direct Consular filing?

    Hi

    I wish I had found this forum before, it would have helped me so much!

    I am immigrating to the US with my husband (he's the USC) on Wednesday. I have my immigrant visa (marriage based)- got that with no problems although it took 5 months but that seems to be the norm.

    I am flying in to JFK in New York and of course have the big brown envelope to hand containing my xray and those papers for immigration that I am not allowed to see!

    My question is, other than this envelope and my passport, is there anything else I need? I have copies of my paperwork but they are packed in a suitcase, although I can unpack them before weds if necessary. I'm assuming though that i won't need my marriage certifciate or birth certificate handy?

    Also- I heard that I will have a short interview and have to fill in a I-551 Green Card form. I can't find that online anywhere- can anyone tell me what information the form asks for? I just want to be as prepared as possible.

    On the flight, I am travelling with my husband, so which one of us fills out the customs form?

    And I'm assuming I don't fill out the usual visa waiver form that I've filled out before when going to there on vacation....do I tell the cabin crew that I am immigrating?

    I'm really hoping someone will be able to help me before Wednesday as I leave at 8am......Thanks so much for your help!!

    Good luck to everyone else who is going through this!

  8. Dublin, Ireland??? That would be fantastic!!! No more POE US-side??? Really ???? Can you give me more info on that?

    Can you leave with a one way ticket from Delta and a return ticket already purchased from another airline, that you know of?

    Thanks, it is good to know that I can be State Side

    No intention to overstay of course, nor to immigrate yet!

    In fact, why would one be so stupid to file an Immigrant petition and then try to immigrate illegally??? If I wanted to immigrate illegally I would use my VWP without an immigrant application so that my chances of being admitted would be 99.9%!

    "At minimum" is a risk I can take.. What at maximum?? I understood it is no risk to be denied entry and that it will not affect your petitions at all! Isn't that so?

    It always boggles my mind how to PROVE ties to my country. I do not pay rent, I do not have an employer that can vouch for me, I have bank accounts (can print out statements?), I have a return ticket, I can take copies of our I-130 and I-129-F, I can book a hotel for one day...

    WHAT else can help me? Is there any dedicated forum on VJ on entry while waiting?

    I was in the States last month (before filing) because I had to give my wife copies of all the documents she needed... that is why I am not very confident about going back so soon yet... but love calls!

    I was thinking perhaps to enter from another POE from the opposite coast! ;-) More expensive, but perhaps I can say I am visiting friends...

    And my wife won't be in the US the day I land, so...

    At POE can they see all the data for the USC spouse when you come in with a I-130/129F pending? How soon can they see that you have one, in fact? If you already got a NOA1, does it mean it is in the system already?

    As long as you don't overstay any allowed time given upon arrival, "being here" will have no consequence. The issue is whether you will be allowed to enter. There's a new thread on this at least once a day. Generally, if you can show sufficient ties to your home country to convince a CBP officer at point of entry that you will return home, you will be allowed to enter but don't bet your life on it because the attempt will be risking the price of your airfare, at minimum.

    Hi Charisma1, yes, lots of us have asked this question, and I too am not 100% convinced.

    There have been people apparently who have been turned away at POE .... as well as being nastily interrogated before being plonked back on a plane at their own expense.

    Yet, most seem to get through.

    It really depends on the officer that day .... did he get his morning coffee ?? .... did he receive divorce papers that morning from his foreign spouse ??

    I've looked around at POE's outside of the U.S. and am looking at risking it through Dublin ..... all Delta flights fom Dublin to the U.S. have POE before leaving Ireland, so you know there and then without a flight across the Atlantic.

    However, Delta's flexible flight prices are astronomical.

    I've also read on here somewhere that more flights to the US add more FBI checks to your application ..... on the next set of paperwork for NVC, you have to list all your flights to the US, including dates .... I presume that's what they're talking about.

    I've racked up nearly 30 years worth of flights .... another reason I'm not too sure about flying there again till this is over as my FBI flight checks will be long enough already.

    I've also been led to believe that being turned away at POE is a black mark on your application .... though I'm beginning to think that's rubbish, as I can't see anywhere on the next set of paperwork .... a space for you to fill in to say you've been turned away .... apart from on the next VWP green form. So, you can only be refused once I guess, and then wait out the rest of the journey outside the US.

    Yes, this possible refusal of entry due to I-130 pending is silly ..... and I agree, if you wanted to do it illegally, you would've flown in and stayed without applying. But I guess there are just some Immigration Officers who think that once you've applied to emigrate legally ..... you may overnight decide to become a 'fence jumper' and screw it all up.

    Or, they must just be plain bored with their jobs and dislike immigrants.

    Goodluck with trying to find ties to your home country .... hopefully you'll get someone nice who won't ask for that stuff.

  9. Thanks, it is good to know that I can be State Side

    No intention to overstay of course, nor to immigrate yet!

    In fact, why would one be so stupid to file an Immigrant petition and then try to immigrate illegally??? If I wanted to immigrate illegally I would use my VWP without an immigrant application so that my chances of being admitted would be 99.9%!

    "At minimum" is a risk I can take.. What at maximum?? I understood it is no risk to be denied entry and that it will not affect your petitions at all! Isn't that so?

    It always boggles my mind how to PROVE ties to my country. I do not pay rent, I do not have an employer that can vouch for me, I have bank accounts (can print out statements?), I have a return ticket, I can take copies of our I-130 and I-129-F, I can book a hotel for one day...

    WHAT else can help me? Is there any dedicated forum on VJ on entry while waiting?

    I was in the States last month (before filing) because I had to give my wife copies of all the documents she needed... that is why I am not very confident about going back so soon yet... but love calls!

    I was thinking perhaps to enter from another POE from the opposite coast! ;-) More expensive, but perhaps I can say I am visiting friends...

    And my wife won't be in the US the day I land, so...

    At POE can they see all the data for the USC spouse when you come in with a I-130/129F pending? How soon can they see that you have one, in fact? If you already got a NOA1, does it mean it is in the system already?

    As long as you don't overstay any allowed time given upon arrival, "being here" will have no consequence. The issue is whether you will be allowed to enter. There's a new thread on this at least once a day. Generally, if you can show sufficient ties to your home country to convince a CBP officer at point of entry that you will return home, you will be allowed to enter but don't bet your life on it because the attempt will be risking the price of your airfare, at minimum.
  10. I know it'll take MANY months before our I-130 & K-3 petitions (submitted this month) appears on the adjudicator's desk or begins the security checks.

    My question is: if I decide to try stay in the US for 3 months from say, the end of next month, would it be better to consider leaving before the petitions approach the 6th month of waiting? Is it ok if I appear to be in the US temporarily (not even sure if they are going to check...) while they are adjudicating our case?

    A second question is: is a USC birth certificate necessary at the consulate interview (for either K-3 or CR-1) or is it enough to have the USC passport copy and/or Naturalization certificate (or both) or is it important to have the birth certificate too?

  11. Very good job. The tracking of the Oct. Nov. and Dec. filers in these coming two months will tell us if VSC (the one I care about...) is really getting up to speed, and if the average processing time is really going down from 6 to 4 months as the data seem to suggest (altough not with statistically significant data...): I hope so but am not totally convinced yet.

    For us "recent filers" it is a hope that makes the waiting lighter.

    Not to begrudge Eresh's thread tracking NOA-1 to NOA-2 timelines (s/he did a great job), but I thought it appropriate to start a new thread.

    I began tracking just NOA-1s after USCIS stopped issuing NOA-1s for I-130s in late 2007. The tracking spreadsheet has evolved as USCIS has evolved and I added the NOA-2 dates for I-130 only filers as well as breaking out separate sheets between VSC and CSC and averaging the days between filing and NOA-1 receipts, NOA-2 dates and dates from filing to NOA-2s. You can find separate listings for Vermont and California right under the header.

    I update the sheet every few days based on VJ time lines of CR-1/IR-1 filers. I do exclude time lines that appear to be either erroneous or DCF to try to keep the information as accurate as possible. But, it can only be as accurate as the information entered in the VJ time lines. Please make sure your information is correct and keep in mind, only California and Vermont process this type of petition.

    You can find the spreadsheet here.

    :time:

  12. Is it standard procedure in all emabassies to request a CV, references, and double check past employers and schools??

    As you all know, we went through the interview and the AP. AP was finished a couple of weeks ago and case sent back to the Embassy. Then they requested the CV with personal references to call. We gave it to them last week!

    Everything else on that CV is the same information provided on the G325-A and the DS-230. The only difference is that my husband explained what his job responsibilities were/are in greater detail and gave telephone numbers for his schools and employers. That info and fulfilling the Embassy request to provide "names/telephone numbers of people" the Embassy can call. (Oh and we listed his hobbies)

    Well???!!!

    When is the Embassy going to call these references????!!!!

    I am pulling my hair out each day this case languishes! I see this CV business as a stall or delay tactic by the Embassy. They can't be rehashing my husbands place of employment or education...This has all been cleared by the DOS in their security checks.

    And they aren't calling the references!!!!

    I am going to puke!

  13. Customer what ???

    :whistle:

    Hello everyone, :luv:

    I think i need a break for thinking too much of the USCIS processing. I have spoke to a Customer Service last night, And here i came up for a topic to be discussed, which you can post your opinions..

    I am opening this topic not to criticize but i wanted to know others opinions also if they are the same with mine..

    My opinion, was that the customer service centers that we are calling," i dont think they all are based actually in US. " I believe some of the contact centers are based abroad, thats why sometimes when we call them we get to speak with those non-american accents.. And sometimes, we speak to nice person or to a rude one...

    That's my opinion.. What do you think?

    Thanks for sharing your opinions.. :luv:

  14. Nita, you should go ask Apple to advertise for them! "So much to touch!" I hope you get soon some good news!

    If your marriage is real, you should already be reunited a long time ago, if it's a phoney, they should have busted you long time ago as well... Either way, you are right, they are wrong, because this is unhumane and harmful.

    It is NOT RIGHT to take so much time to figure that simple thing out and leave two people lingering in the void for so long!

    Stand up for your rights! Call your senators, write to the DHS secratary to the presidential candidates...

    Instead of wasting our time with those silly color threat advisories, they'd better go get some work done!

    Charisma1 - I like your ranting!! I agree with it!!

    Nita

  15. Gringo, if it is really like you say (1 day to approve and 179 to get on their desk), the system is EVEN MORE #$%% up than I thought!! :blink:

    But there is a silver linining :star: : that being the case, even a simple increase of resources (personnel and overwork, which in my opinion is NOT enough to fix the structural deficiencies of the process) should speed up the process a lot! Let's see the next two months. If the processing remains linear (6 months window) in the next couple of months, then they simply wasted these resources, if it gets up to gear (I'd assume a 3month training is necessary to become decently productive for an average temp. contractor...), then it means they did do something right for once!

    I wonder if the present director's resignations will have a big impacts (positive or negative that it might be...)

    I see your point about Receive Date and NOA1. But now things are slightly different.. My receive date and NOA1 date are just a coupld of weeks or so apart, and for most other people filing this month it's even shorter...

    The real issue is how many backlogged NOA1 to NOA2 left, and how long to approve them, since for sure the amount of petitions must have slowed down, not only from this Summer but also from last year's pre-summer trend (as I said, if more people file all together, fewer should file in the following few months after the "burst"...). Also the other issue is, WHAT is going on with the K-3 approval?

    Never planned to live in the US: if I had known, I would have married there with a K-1 instead of abroad, and filed a petition at once!

    charisma, The NOA1 to NOA2 time estimates are pretty useless right now. They are horribly skewed recently because of the massive receipting delays last year. It was taking some people up to three months to get their NOA1. Consequently, when you add up the two to three months delay for the NOA1 and then the additional time between NOA1 and NOA2, you would get closer to a total of six to eight months from sending the I-130 to receiving NOA2. This is a more realistic timeframe for petitions filed in the latter half of 2007.

    As I mentioned, the only date that can reasonably be used to estimate processing order is the "Receive Date" on your NOA1. In my case, the receive date was July 30 although the NOA1 for both petitions was in late August.

    The complexity of the case has less bearing on the processing times than you would think. In most cases, the petitions just sit there for months and are then adjudicated in as little as a day. So it really doesn't matter whether your case is simple or complex. It will sit there waiting to be looked at like the rest. Of course, once the processing on the case actually begins, certain issues can cause background check delays and RFEs. These will slow the case down at that point.

    Take heart in that the logjam seems to be letting up a bit. Good luck to you.

  16. Gringo, thanks for your comments.

    I am totally baffled at how stupid the system seems to be. I cannot believe that it takes the same amount of time whether a case is very simple and straightforward or complicated... I cannot believe it takes the same crazy-long amount of time just to be "fair to all".. I cannot believe it takes 6 months for something that in other countries takes a few days to do (and without higher levels of security posed to the system apparently!).

    Once you see the marriage certificate, clear the security checks, and can prove you have enough income or savings to last a few months, what more you need????

    The US is perhaps so advanced in its economy, but its bureaucracy is a joke and obviously their security checks lame and counterproductive (they do not stop those they are supposed to stop, and they hinder everyone else!). If you are looking for a 0.01 % of bad apples, it does not help to turn and grill all apples for three times longer, to weed out the 0.01 apple... If a bad apple does not want to be found, it will not be found. You NEED TO CHANGE the SCREENING system, apply randomized error control procedures, risk assesment, not simply increase the time you spend to check ALL apples... Quality not quantity. In fact as we all know it is simply counterproductive and you make more apples go bad..... Not every profile poses the same threat, I can't believe their intelligence people do not see that! And by making it harder to get in for qualified petitioners, you harm the whole nation! I think any dim-witted fool could make this mess go better than it is going now! I bet they receive hundreds of millions in fees -plus government funding- and they still cannot make it work?? hahaha Anyhow, back to the case in point and apologies for my usual ranting.

    -According to the timeline section, it is taking 62 days from NOA1 to NOA2 for CR-1... I think this is a MISTAKE? How come I only hear of Sept. and Oct. filers getting approved instead of Jan. ones???

    -126 days (!!!!!) at NVC

    I think that the overall time may have peaked, if we assume that their uselessness is coumpounded by the Summer peitition increase... Obviously if suddenly there is a PEAK, further down the line there should be a slowdown, because people who filed BEFORE the increase, will not need to file later on, and if we assume a similar growth trend for immigration things should get better after getting worse (PEAK of related petitions and other AOS and paperworks related to the original "peak filers").

    Now check the timeline statistics for the K-3. At VSC we are talking 150 days ( that is why the figure for CR-1 looks odd...) from NOA1 (which is quite prompt from what we read on the forums) to NOA2...

    But the trend looks like it is fast improving since the Jan. peak... I would guess that in 3-6 months we could be nearing 100... but that should be little use for us who filed before this improve starts to show up...

    What I conclude from all this is that if they do not reform the system NOW, add more resources, trained people and computers, simplify the rules, allow electronic submissions of forms, improve internal procedures, checks and productivity, it will still take TOO long for us present filers to get out of this hell although things are improving.

    But, if they decide to simply K-3 and CR-1 (assuming a 25% rate of petition for the K-3 visas of I-130 filers) and centralize the USCIS and NVC procedures they could substantially reduce the processing times for all, cut costs and make life easier for those that come later at least...

    I would redesign the K-3/family based CR-1 system like this (simplifying a lot): people prepare the petition and file in their original country ONLINE and pay all upfront via a bank wire (at least you can blame YOUR bank if they do not receive your money! the private banking system surely works better and faster than the USCIS check clearing!).

    Consulates screen the hard documents you have to deliver in person, after a fingerprint system/name (similar to POE fingerprinting etc) and using remote US-based adjudicators as support (yeah those 17.000 people from USCIS and who knows how many from NVC !!) and for checking USC credentials. Let's say you have 1.000 of those assigned to petition checking. You can check 5 per day (40 min. per petition, say 4 h per day including some snacks!) with the support of the Consulate officers (of course some consulates would require additional qualified personnel and possibly local governments' closer cooperation). That's 5.000 per day, 1.000.000 per year! They check for what a machine cannot see: simple, plain fraud... Of course with the support of state of the art technology and intelligence.

    Something fishy? You escalate to a more experienced/senior colleague, or tag the petition for further interviews at consulate, POE or US appearance.

    If all good, you are invited to come back for an interview where the consulate specialists grill you at leisure. If not you are asked to submit whatever more. You pass? you are good to go. You get a Visa valid for a say 6 months, similar to K-1. You get at POE, you hand-in your documents (although consulate already submitted all digitally), same second check, and you go home to your beloved's to wait for your greencard, SSN and whatever else and to take a medical check-up at an approved doctor. You fail the check-up or to attend? You get deported/or you get your shots. If for any reason they want to grill you more, they let your USC spouse know and you appear at the local office or become illegal... They deny your application afterwards, then you have to leave the country...

    Big difference? DECENTRALIZE collection and data entry (shifting the burden on applicants), centralize data mining and analysis and risk control (with more input and saying from the local embassies/consulates), closer to people that speak the language and know the local issues, but also to professional fraud investigators, decentralize benefits distribution and double checking (POE), simplify red-tape, payments.

    Ok I spoke my nonsense, but still better than checking all posts and the stupid USCIS one million times per day and all the time!

    Good luck to us all!

    charisma, It looks like they are currently goin

    g by the Priority Date(Received Date) for the I-130 to determine processing order. The NOA1 dates for either petition seem to be immaterial at this point. If you look at the data for most recent I-129F approvals, you'll see that the only correlation appears to be those I-130 Priority Dates. For example, I sent my petitions together and my NOA1 for the I-129F is only two days later than that of the I-130. In the end, it didn't hurt, but it didn't help either since I got processed at the same time as other who sent their I-130 around the same time regardless of when they sent their I-129F.

    You can see this trend in the data at this link

    http://www.visajourney.com/timeline/k1list...ll&dfile=No

    This is fair I suppose, but it negates the benefit of the K-3 at least where USCIS is concerned. However, the process through NVC and on to the consulate is significantly faster for the K-3. In some countries such as Canada, the difference can add up to several months.

  17. Lurking, which email did you send this to? Let us know if you get any replies.

    I think it used to take 2-3 months to get a K-3 approved in 2006 at VSC. Now it is not clear what they are doing.

    I-130 NOA2 seem to take 6 months as of now, but with an improvement trend...

    I am now wondering if filing the K-3 petitions was a mistake... We filed the I-130 and the I-129F this month hoping that it's better to have two horses in the race... I do not mind if they cancel my I-129F AND approve my CR1 in 3 months, but if -like it seems at the moment- the NOA2 for either of those petitions is around 6 months (if you are lucky), then I hope that at least I can get the K-3, so that the NVC process (and perhaps the embassy too) are faster...

    I am not an expert in statistics, but I think that the peak of Jul, Aug and Sep. should be out of the system by now!!!

    WHEN is VSC going to go back to 2006 levels?

    Too late sent with typos and all. I never reread what I write. You should right a letter regarding the K1 approvals going so quickly while we wait. send it to there email as I did.

    Lurking,

    If you are sending a letter or email to Ombudsman, I would also suggest that you ask that why VSC is moving so fast on K1 that they're approving

    K1 petitions from Jan and Feb of 2008 which means K1 approved in 30-60 days and not moving on K3.

    Hello Skyke,

    Thank you for the link. I utilized it to send a link to the CIS Ombusman. Can I recemend that when you creat the list hid the Country and keep the Embassy. This way the list will not be as long. I tried to upload the htm as an attachement but i could not get it to work. what am i doing wrong?

    Copy of letter to Ombusdman:

    Attention CIS Ombudman:

    [/size]

    The confusion on USCIS new self-created policy on administratively closing I129f petition is causing much hardship on petitioners. We has United State Citizens have a right to be informed on this new policy. Through timelines posted in a forum VIsajourney.com it appears that the California Service Center is back on track with approving the I129f petitions, But the Vermont Service Center is still Ignoring (administratively closing) without any notification to the petitioner.

    This new policy has petitioners waiting for the I129f approval without any notification that it will be ignored at the Vermont Service Center. We the petitioner deserve a notice of action on these petitions. One center(California) can not approve the I130 and the I129f, while Vermont ignores the petitioners request for a notice of action on their I129f.

    The visajourney website is a cohesive forum that keeps better track of the USCIS timelines. Please visit the link below that expresses my concerns around the Vermont Service Center. This timeline is created when VisaJourney Users put in their petitioning information, It is comprehensive and accurate to the person entering the information.

    http://www.visajourney.com/forums/index.php?act=attach&type=post&id=6543

    I was told by an USCIS office that my case of was administratively closed. Then when I called back I was told that the USCIS will not close your case that they are working on September 20th, 2008 and yours will come up soon. HE also stated that if I do not receive a NOA in a month to call back. No who should I listen to? I have been waiting since September for this I129f petition, while I have an approved I130 petition. The waiting period at my husband’s embassy is 7-9 months for a CR1 interview and for a K3 it is 1-2 months.

    Under the LIFE act I have a right to utilize my pending I129f petition for a K3 Visa.

    The petitioners need to be informed.

    Sincerely,

    Melissa V Ayotte

    Here is the list of K3 as of March 24. There are approval from CSC for K3, but VSC is still approving K3 only with I-130. So, no K3 from VSC. :crying:

    K3_AsOf_March24.htm

  18. If a company does not pay a worker, they do not have to declare anything to anyone (I mean, no one gets to know this...)

    If the worker agrees with a company to "train" for 2 months for FREE (while processing EAD), knowing both that eventually he will get a permit, then can "adjust" the salary with a sign-up bonus for the equivalent of -guess what- two months. This would be a risk for the worker but also a risk for the company..

    This company needs you now, but you do not have the paperwork, do you resign to timing?

    Can they petition USCIS to speed up your CR1 or K3 if they cannot apply for a H1B because it is too hard, time consuming or simply because they are all used up?

    By the way, can they apply for a H1B on your behalf if you have a standing CR1 application? Would that mess up things for either of the two, or are they processed separately?

    If one is going to get a K3 visa+EAD in -say- 7-8 months from now, but H1B visa next available are in 2009 though, you can see a case where a company and a worker might agree to pretend that the person has a work authorization once he gets a K-3 visa, especially because the risks for the worker and for the company are mainly administrative fines, since the AOS application is in process, and for sure if it gets approved there is not much of an issue... Although I do not have a law background, this is my impression after reading INA Act 274A...

    Of course if they give a K-1 visa holder a temp. work permit when they get into the country at POE, they could do the same for K-3 holders!

    Perhaps the company can hire you from your country, you can get into the US with a K-3, file your application for AOS and perhaps leave the US and work from your country until you get the EAD?

    With this, I am not encouraging anyone to break the laws, I am simply considering "real life" way around bureaucratic delays.. If the whole process of visa issuance, adjustment of status, work permit etc. took less time, I am sure this would not be an issue!

    That's what I thought... but still not worth the risk! but what if a company REALLY wants me and cannot wait for me 3 months? What ways around it? what about if it was UNPAID training? ;-)

    And how can they find out anyway?

    Unlike what some people think USCIS and IRS do not communicate. However, the SSA has established a new system wherein they are supposed to submit to USCIS a report on SSNs that have the "work with DHS authorization only" restriction and have earned work credits. Under this new system, there is a greater possibility of USCIS finding out if you worked without authorization.

    Sure they do. Sometimes directly, more often times indirectly - via the petitioner and applicant. How many times in the visa issuance process does USCIS/DOS request (validated) documentation submitted to the IRS? Every time. If you work unathorized, the risk is huge that they will find out which at the least will require a waiver and at the most will get you a ban. Not worth the risk.

    Warm Regards,

    Samby

  19. Fee apart, is there any difference in filing stand-alone or with aos?

    If it is faster, I am willing to pay more...

    thanks

    If I enter on a K-3, can they grant me one until I receive the EAD together with my AOS? ;-)

    I can give them a box of chocolates if they do!! :whistle:

    I can't stand the idea that I get into the US and cannot work for 3 months!! Yeah, I know : "go for a CR-1", but I want the faster of the two... so I am taking the risk and trying the K-3 spouse!

    The temp EAD allows your fiancee to work for 90 days from the day she enters the country, not until marriage.

    If she does not get the temp EAD she will need to wait until she gets the EAD (when you apply for AOS) or the greencard.

    K3 is not work authorized, so no stamp. Also no SSN until you get a EAD either applying on its own or with the AOS. (K3 can do this before AOS but the better option now is to just file for AOS as the fee is included)

  20. If I enter on a K-3, can they grant me one until I receive the EAD together with my AOS? ;-)

    I can give them a box of chocolates if they do!! :whistle:

    I can't stand the idea that I get into the US and cannot work for 3 months!! Yeah, I know : "go for a CR-1", but I want the faster of the two... so I am taking the risk and trying the K-3 spouse!

    The temp EAD allows your fiancee to work for 90 days from the day she enters the country, not until marriage.

    If she does not get the temp EAD she will need to wait until she gets the EAD (when you apply for AOS) or the greencard.

  21. well, still a silly procedure all the same, you agree? ;-)

    They have a copy of one's passport, why do they need to "endorse" it? And who endorses the endorser?? LOL :dance:

    ARE THEY INSANE????????? Where the hell do I find someone so silly to write that on the back of a PASSPORT-SIZE photo??? And I need to provide evidence that the person IS a barrister or whatever?

    AND who the HECK is ACPO?? why not the standard access office?

    The back of the photographs is to be endorsed in the same way a photograph for a UK passport is. Lots of people are silly enough to do it, I did it lots of times for people.

    ACPO is the Association of Chief Police Officers

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