I-129F for K3 is not affected by IMBRA

[AUSC 0]

According to this article K3 seems to be unaffected by IMBRA. At the AILA-NY Chapter Meeting on June 5, 2006, Keith Canby, Adjudications Manager of the USCIS Vermont Service Center, was present.

http://www.cyrusmehta.com/news_cyrus.asp?news_id=1329

But if this is the case, why are we not seeing any K3 approvals past March 6th.

aUSC.

[ChayadaNutter 0]

According to this article K3 seems to be unaffected by IMBRA. At the AILA-NY Chapter Meeting on June 5, 2006, Keith Canby, Adjudications Manager of the USCIS Vermont Service Center, was present.

http://www.cyrusmehta.com/news_cyrus.asp?news_id=1329

But if this is the case, why are we not seeing any K3 approvals past March 6th.

aUSC.

because K3 have to wait for new I-129F form as same K1

[MrsWhizz 0]

I'm sitting at 87 days on the I-129f and would really appreciate some freakin' movement if this is the case.

But, I'm so skeptical about their practices now that I really doubt it.

Edited June 12, 2006 by MrsWhizz

[maria_b84 0]

Yeah the K3 Visa is not affected but once u get the K3 Visa u have to do the AOS in order to get the GC and you are talking in general) gonna be affected either way

Maria

[AUSC 0]

According to this article K3 seems to be unaffected by IMBRA. At the AILA-NY Chapter Meeting on June 5, 2006, Keith Canby, Adjudications Manager of the USCIS Vermont Service Center, was present.

http://www.cyrusmehta.com/news_cyrus.asp?news_id=1329

But if this is the case, why are we not seeing any K3 approvals past March 6th.

aUSC.

because K3 have to wait for new I-129F form as same K1

Why do they need a new form (I-129F) for K3 when IMBRA releated questions/checks are NOT applicable to K3 spouse visas. They just need a new for K1 petitions, eventhough currently the same form is used for both K1 and K3.

Yeah the K3 Visa is not affected but once u get the K3 Visa u have to do the AOS in order to get the GC and you are talking in general) gonna be affected either way

Maria

I am not sure if I-130/CR1/AOS is affected by IMBRA. Even if it did, I am OK with it as my family will be here in the US with me and I can afford to wait a bit longer. I just pray that K3/K4 is not affected by this circus.

[Isabel 0]

According to this article K3 seems to be unaffected by IMBRA. At the AILA-NY Chapter Meeting on June 5, 2006, Keith Canby, Adjudications Manager of the USCIS Vermont Service Center, was present.

http://www.cyrusmehta.com/news_cyrus.asp?news_id=1329

But if this is the case, why are we not seeing any K3 approvals past March 6th.

aUSC.

because K3 have to wait for new I-129F form as same K1

Why do they need a new form (I-129F) for K3 when IMBRA releated questions/checks are NOT applicable to K3 spouse visas. They just need a new for K1 petitions, eventhough currently the same form is used for both K1 and K3.

Yeah the K3 Visa is not affected but once u get the K3 Visa u have to do the AOS in order to get the GC and you are talking in general) gonna be affected either way

Maria

I am not sure if I-130/CR1/AOS is affected by IMBRA. Even if it did, I am OK with it as my family will be here in the US with me and I can afford to wait a bit longer. I just pray that K3/K4 is not affected by this circus.

Well I really dont care what happens after I am finally with my hubby again...really. I just hope that they approve our petition now.

Isabel

[simple_male 1]

I-130 (CR-1) is not affected by IMBRA.

[Isabel 0]

I-130 (CR-1) is not affected by IMBRA.

Well I do know that already though.

Greets Isabel

[AUSC 0]

I-130 (CR-1) is not affected by IMBRA.

In that case why are they holding up I-129F for K3 as well, as if they can't differenciate I-129F for K3 from K1.

[simple_male 1]

[Well I do know that already though.

Greets Isabel

Isabel, I was answering AUSC's inquiry whether CR-1 is affected by IMBRA or not.

AUSC, we don't know why they are holding up I-129F for K-3. No one knows for sure, if they are affected by IMBRA or not, though the attached reports says they aren't. According to the IMBRA descriptions, both K-1 and K-3 are supposed to be affected by IMBRA. While DHS recalled many K-1 petitions back from the US Embassy abroad, DHS has not recalled any K-3 petitions. So no one has any clear idea. I hope, things will be clear very soon.

[bradentejas 0]

So theoretically, after reading http://www.cyrusmehta.com/news_cyrus.asp?news_id=1329, someone who currently has a pending I-130 could file the K3 I-129F now anyway?

Could I just use the form that is currently available on USCIS and send it out? IT would at least get an arrival/NOA1 date and in line for further processing?

Any thoughts?

[kitkat1 5]

So theoretically, after reading http://www.cyrusmehta.com/news_cyrus.asp?news_id=1329, someone who currently has a pending I-130 could file the K3 I-129F now anyway?

Could I just use the form that is currently available on USCIS and send it out? IT would at least get an arrival/NOA1 date and in line for further processing?

Any thoughts?

You certainly could use the currently available form and send it out. (Although I was under the impression you had to have an approved I-130 to file the I-129 - something to check out before you go to the trouble). In any event, you will eventually get an RFE or a new form to check off the box about your "possible criminal background" and to sign and return. But it wouldn't hurt to send it off and get your place in line.

Also, I think the only reason they are indicating that K3s are affected IMBRA is simply because the form is the same. Otherwise, it doesn't make any sense. Of course given that it's USCIS that we're dealing with, it seems nothing makes sense these days.

[simple_male 1]

You certainly could use the currently available form and send it out. (Although I was under the impression you had to have an approved I-130 to file the I-129 - something to check out before you go to the trouble). In any event, you will eventually get an RFE or a new form to check off the box about your "possible criminal background" and to sign and return. But it wouldn't hurt to send it off and get your place in line.

Also, I think the only reason they are indicating that K3s are affected IMBRA is simply because the form is the same. Otherwise, it doesn't make any sense. Of course given that it's USCIS that we're dealing with, it seems nothing makes sense these days.

Kitkat1, in order to file an I-129F for spouse, one has to submit the proof that an I-130 had been sent to USCIS for CR-1 process. One does not need an I-130 approval. Usually, submittal of a photocopy of the I-797C (the acknowledgement letter from USCIS to the petitioner that USCIS has received the I-130 application) along with I-129F would suffice.

[kitkat1 5]

Kitkat1, in order to file an I-129F for spouse, one has to submit the proof that an I-130 had been sent to USCIS for CR-1 process. One does not need an I-130 approval. Usually, submittal of a photocopy of the I-797C (the acknowledgement letter from USCIS to the petitioner that USCIS has received the I-130 application) along with I-129F would suffice.

Well that's great news then - that's the part I obviously wasn't clear about.

But you'll still be facing an RFE or additional form to fill out down the road once they actually create it.

[jamesfreddyc 0]

First -- thanks for the link to the article....

After reading the article, I sent an e-mail to the author/site admin. Basically just stating that I had reservations about some of the things I read --- in particular, this quote from the article,

"The IMBRA does not impact petitioners who have filed I-129F petitions for a K-3 or spousal visa."

And asked if this was true, as well as if the CR1 visa was a better route to take. The response I got was that there is one provision of the IMBRA that does affect K3 visa petitioners, which is probably causing a hold up of the I-129F's for the K3 visa (already married/spouse visa) even though the DOS cable states it does not.

That's about it. However, it was mentioned that there is an update at COB (?) on Tuesday (6/13/2006)....

j