K-3 Petitions Still Active Per Senator's Office

[JustWaiting 0]

I just had a laughing fit!

I got a phone call from my Senator's office yesterday and the aide told me that they had just CONFIRMED with USCIS that the K-3 are not being cancelled. She said that USCIS said that they are incredibly backlogged and that they are trying to catch up from last summer.

She also said that a few K-3 are starting to trickle in because they are starting to process mid August. I was told they can look into my case as soon as it's out of status.

I just laughed so hard because I read the other post that states the aide confirmed exactly the OPPOSITE!

Does anyone even know what they are doing??

[M and K 0]

Does anyone even know what they are doing??

Lots of people think they know, but in my belief, it’s just a bureaucratic mess.

They have so many petitions to filter from mid-07 that I-130 approvals are catching up to K3. If I-130 is approved before K3, they “decide” (in their own little minds) to administratively close the K3 before forwarding it. They have no legally published authority to perform this action and possibly believe (again in their own minds) it’s to the benefit of the petitioner. Possibly, and I do hope so anyway, if I-130 and I-129F are paired without complications, the K3 proceeds as normal.

It’s obviously not going to be a clear process until they "publish" the new rule(s), if any. Until then, it's anyones guess.

Too much for my little (non-bureaucratic thinking) brain.

[SusieK 3]

Does anyone even know what they are doing??

Lots of people think they know, but in my belief, it’s just a bureaucratic mess.

They have so many petitions to filter from mid-07 that I-130 approvals are catching up to K3. If I-130 is approved before K3, they “decide” (in their own little minds) to administratively close the K3 before forwarding it. They have no legally published authority to perform this action and possibly believe (again in their own minds) it’s to the benefit of the petitioner. Possibly, and I do hope so anyway, if I-130 and I-129F are paired without complications, the K3 proceeds as normal.

It’s obviously not going to be a clear process until they "publish" the new rule(s), if any. Until then, it's anyones guess.

Too much for my little (non-bureaucratic thinking) brain.

So basically they just make the rules up as they go along - sounds familiar yes? Toss that manual of laws and regulations out the window and compliance and just go for what is right at that point. Wonderful even Senators get the information as screwed up as we do.

Cheers

[N360 0]

I just had a laughing fit!

I got a phone call from my Senator's office yesterday and the aide told me that they had just CONFIRMED with USCIS that the K-3 are not being cancelled. She said that USCIS said that they are incredibly backlogged and that they are trying to catch up from last summer.

She also said that a few K-3 are starting to trickle in because they are starting to process mid August. I was told they can look into my case as soon as it's out of status.

I just laughed so hard because I read the other post that states the aide confirmed exactly the OPPOSITE!

Does anyone even know what they are doing??

Sorry, off topic but your timeline says you filed I-130 on 12-05-2005? Is that an error? Just curious.

[Enlighten one :) 5]

They can not create a law/policy to cover what they are doing now. It has to have an effective date that starts the day of or further.

That is why I do not know why people are just accepting this as so. As a USC we have the right to be informed. It is the law. They have to have a notification of every petition the acknowledge receiving. So far I have read only three options in there employee manual regarding responses to I129F petitions 1. Approved 2. Denied 3. FRE I have read how they have to process these three responses. Right down to the type of ink they use for the approval stamp. They have to provide us with this information, because it is the law.

So it is Illegal for them to do anything different, because they did not "inform" us. If they try to say that my petition has been "administratively close", I will demand this in writing. Even though my petition was approved 2 days before my receipt date. There is not one law that states that if my I129F is received after a I130 approval, your petition will be administratively closed.

The directions on my I129F states that you have to have a petition pending. At the time my I129F was mailed, my I130/cr1 was pending.

IF you want to stand by and help them get caught up with there petitions, it is awfully nice of you. This will help them process my K3 that much faster.

I have ready the employee processing manual, i have read both directions for the petitions, and I have ready every policy update regarding them. IF I want to use the K3 visa for my husband, I will.

[JustWaiting 0]

NoelandTintin

I submitted my I-130 as a legal permanent resident in 12/05 and became a citizen in Sep 07. I upgraded my petitionin Sep 07 and filed yhe I-129F the first week of October.