K3 frustration and rant

[astronaut 3]

The last few days with this whole immigration process has been so frustrating. The funny thing is that few people can really relate to how difficult this process can be. Perhaps a rant on the K3 forum to people who actually understand and are going through this will give us all some comfort in the fact that we are not alone.

I've been following up with our state Senator about the entire K3 process changing, and letting them know how it has negatively affected families, especially those with a K4 dependant application as part of the process. Our Senator's office has been kind at listening and trying to understand the situation. Even in their willingness, they have trouble understanding that if the USCIS says an 129F can be approved for a K3 visa, that the NVC plans to close them down. I've explained to them again about the NVC closing the apps, and apparently they're going to investigate it further.

My immigration atty and I talked a couple of days ago. I didn't want to post what he said right away as the news could be upsetting to others hoping for a K3 in Canada. He told me there are a few approved K3 apps making it through the NVC, but now when they reach the consulate in Vancouver they're being closed at that level. Although this doesn't look good, I still can belive in a miracle, and prepare myself for the CR1 route as well.

Maybe you're in a similar situation now...trying to figure out how to successfully navigate proof of domicile, arrange for potentially having families become temporarily seperated during this process, and the millions of other details associated with not only immigration, but arranging a long distance move as well. You are not alone.

As a US citizen I'm frustrated with the gov't for being so unreasonable, and the unexplainable levels of change since my husband got his permanent residency from '95-'97. If we could have known then what we knew now, perhaps we could have done something to maintain that PR status while living in Canada for 12 years? Can't look back anyway.

To top it all off, I just found out that we're getting an RFE for proof of marriage. This is absurd as it's the same marriage certificate used for my husband's first permanent residency approval back in '95. It's the same marriage certificate used at the Vancouver Consulate just a short time go for our children's register of birth abroad. After 14 years of marriage and living together that entire time, having 2 children...now they're not sure we're actually married and want more proof. I can't help but wonder if they did the RFE because I called our Senator's office, which in turn requested follow up.

In the frustration I wonder if the USCIS really has no idea that the NVC is closing K3 apps, or if they're just pretending to not know. Could these two departments be so utterly disfunctional at communicating that they really don't know what's happening with the K3 process at various levels? As a US taxpayer, why is the USCIS paying all the money to process the I129F's for K3's to only have them closed at the next level? This is one of the questions I've brought up to our Senator's office. The pride I've had as a US citizen and trust in it's fairness has certainly been tarnished through this!

Thanks for reading my rant. As I said before, if you're frustrated about whatever circumstance you're in with your immigration process, you are not alone.

[pushbrk 12,599]

As a US citizen I'm frustrated with the gov't for being so unreasonable, and the unexplainable levels of change since my husband got his permanent residency from '95-'97. If we could have known then what we knew now, perhaps we could have done something to maintain that PR status while living in Canada for 12 years? Can't look back anyway.

To top it all off, I just found out that we're getting an RFE for proof of marriage. This is absurd as it's the same marriage certificate used for my husband's first permanent residency approval back in '95. It's the same marriage certificate used at the Vancouver Consulate just a short time go for our children's register of birth abroad. After 14 years of marriage and living together that entire time, having 2 children...now they're not sure we're actually married and want more proof.

What exactly did they ask for in the RFE. Often people confuse requests for evidence of a bona fide marriage RELATIONSHIP with requests for evidence of legal marriage. A marriage certificate says nothing about your current relationship. Evidence you live together, children's birth certificates and joint bank accounts do. So, again, what exactly did they ask for?

Have you filed the needed I-130 petitions for any K4 hopefuls and asked that they be expedited?

[astronaut 3]

Senator's office called back again after I requested that they call USCIS Calif service center and this is what I was told today: No FRE on the I-130. They are doing an RFE on the I129F as our atty forgot to complete two lines asking about any past convictions. What a complete change in one day!

Senators office said as per USCIS we could still get the K3, Vancouver would process it. Calif Service center is expiditing the I130 and will be sent alone to NVC yet this week. (shaking my head) Relieved the I130 is being approved, confused how the stories differed about the RFE in two days, and also amazed that they have no idea that NVC is closing down the K3 apps. I did get notice via e-mail from USCIS today that there is an RFE on the I-129F.

Here I am at the crossroads: Do I pursue with the Senators office the absurdity that the USCIS and NVC are not communicating, or just thank them for their follow through and leave it at that?

[astronaut 3]

Senator's office called back again after I requested that they call USCIS Calif service center and this is what I was told today: No FRE on the I-130. They are doing an RFE on the I129F as our atty forgot to complete two lines asking about any past convictions. What a complete change in one day!

Senators office said as per USCIS we could still get the K3, Vancouver would process it. Calif Service center is expiditing the I130 and will be sent alone to NVC yet this week. (shaking my head) Relieved the I130 is being approved, confused how the stories differed about the RFE in two days, and also amazed that they have no idea that NVC is closing down the K3 apps. I did get notice via e-mail from USCIS today that there is an RFE on the I-129F.

Here I am at the crossroads: Do I pursue with the Senators office the absurdity that the USCIS and NVC are not communicating, or just thank them for their follow through and leave it at that?

[theladynthetramp 0]

Senator's office called back again after I requested that they call USCIS Calif service center and this is what I was told today: No FRE on the I-130. They are doing an RFE on the I129F as our atty forgot to complete two lines asking about any past convictions. What a complete change in one day!

Senators office said as per USCIS we could still get the K3, Vancouver would process it. Calif Service center is expiditing the I130 and will be sent alone to NVC yet this week. (shaking my head) Relieved the I130 is being approved, confused how the stories differed about the RFE in two days, and also amazed that they have no idea that NVC is closing down the K3 apps. I did get notice via e-mail from USCIS today that there is an RFE on the I-129F.

Here I am at the crossroads: Do I pursue with the Senators office the absurdity that the USCIS and NVC are not communicating, or just thank them for their follow through and leave it at that?

Seriously it's ridiculous!!!!! how can an RFE change like that? and yes if the NVC is gonna close I-129F K3s then why the hell USCIS keep on reviewing them? USCIS and DOS are supposed to work together, it's not like they belong to different countries! this is the most ridiculous thing ever! I sent an I-130 and after a week I sent an I-129F, and now I'm risking my I-130 getting delayed and now I know that NVC will close down my I-129F anyway! I was wondering like in your case, what if the I-129F gets an RFE? can you ignore it and would they still work on the I-130? or both your I-129F and the I-130 would be on hold?? does anyone know about this? would the Senator's office know? I suppose if you ignore the I-129F and go with the I-130 can be an easier road althought takes more time, but it relieves you from dealing with them on a long term!

Ahhh i wish i could cancel my I-129F, is there a way to cancel it? please let me know! if anyone knows how!

[pushbrk 12,599]

Senator's office called back again after I requested that they call USCIS Calif service center and this is what I was told today: No FRE on the I-130. They are doing an RFE on the I129F as our atty forgot to complete two lines asking about any past convictions. What a complete change in one day!

Senators office said as per USCIS we could still get the K3, Vancouver would process it. Calif Service center is expiditing the I130 and will be sent alone to NVC yet this week. (shaking my head) Relieved the I130 is being approved, confused how the stories differed about the RFE in two days, and also amazed that they have no idea that NVC is closing down the K3 apps. I did get notice via e-mail from USCIS today that there is an RFE on the I-129F.

Here I am at the crossroads: Do I pursue with the Senators office the absurdity that the USCIS and NVC are not communicating, or just thank them for their follow through and leave it at that?

Did you ever see an actual RFE? If so, what exactly did it ask for.

[astronaut 3]

Have not seen the actual RFE yet. It's apparently in the mail. When we received the USCIS e-mail, it just said that there is an RFE on the I129F and to follow the instructions once the letter arrives. (by snail mail) I'll let you know.

Still struggle with if I should just worry about myself, or since I have this conversation going with a Senators office, if I ask them about the whole "big picture" of this. USCIS wasting money on processing I129F's that will be closed, and then the lack of communication between the USCIS and NVC. Do I see if they'll take on this issue, or just not create any waves...that's what I'm trying to decide too.

[Darnell 8,478]

There's always confusion about an RFE, when it's initially 'issued' - ie -

IF you signed up for the electronic notifications - well, the notice never tells you what it's for.

USCIS tele-operators are NOT supposed to tell you about the contents, either, over the telephone.

The thing that sucks, mostly, is that the exact 'thing' for an RFE is ONLY conveyed to you via POSTAL MAIL. And that's it.

IMO, you got some pull via the Immigration Liason Staffer, finding out exactly what the RFE is for.

Over time, though, ya gotta remember that the K-3 was 'put forth' as a direct result of the 'Life Act' and was designed to re-unite families QUICKER, as the I-130/CR-1 process was taking YEARS to complete.

These days, USCIS and NVC have 'stepped up their game' on processing times, there's been some streamlining on the background check processing as well (the biggest sinkhole ever to get automated, IMO ) --so what USED TO TAKE YEARS, is now taking months. Sure, is possibility, still, of 1 year or even 15 months, but many ppl are able to get in/out , from first filing to CR-1 approval, within 10 months.

That 10 months is 'acceptable' on most fronts.

Sorry for yer pain, though - I know - it sucks. Worthy of any rant, you betcha !

[theladynthetramp 0]

Have not seen the actual RFE yet. It's apparently in the mail. When we received the USCIS e-mail, it just said that there is an RFE on the I129F and to follow the instructions once the letter arrives. (by snail mail) I'll let you know.

Still struggle with if I should just worry about myself, or since I have this conversation going with a Senators office, if I ask them about the whole "big picture" of this. USCIS wasting money on processing I129F's that will be closed, and then the lack of communication between the USCIS and NVC. Do I see if they'll take on this issue, or just not create any waves...that's what I'm trying to decide too.

wouldnt it b the right decision to make is to ignore the i129f? i dont know if thats possible, can u do that?

[daboyz 36]

Seems like another good reason not to go K-3. They don't ask those questions on the I-130. Plus it's an extra form being filed, which increases the chances of an RFE.

Thinking out loud, I wonder if the RFE on the I-129F will stop them from approving the I-130 and sending it to NVC?

[theladynthetramp 0]

Seems like another good reason not to go K-3. They don't ask those questions on the I-130. Plus it's an extra form being filed, which increases the chances of an RFE.

Thinking out loud, I wonder if the RFE on the I-129F will stop them from approving the I-130 and sending it to NVC?

me too!! thats a question that no one knows the answer for i guess! logically, it shouldnt stop them, but who knows, they can come up with any excuse

[pushbrk 12,599]

me too!! thats a question that no one knows the answer for i guess! logically, it shouldnt stop them, but who knows, they can come up with any excuse

Unfortunately, "Logically, it shouldn't..." is irrelevant here.

[theladynthetramp 0]

Unfortunately, "Logically, it shouldn't..." is irrelevant here.

so what's relevant according to you?

if you ignore an RFE for I-129F and decide to give up on the whole I-129F, would that stop the USCIS from reviewing your I-130 or not?

[sachinky 464]

I know of a few folks who ignored the RFE on the 129f and their I-130s were adjudicated and approved.

Edited June 24, 2010 by sachinky

[theladynthetramp 0]

I know of a few folks who ignored the RFE on the 129f and their I-130s were adjudicated and approved.

thank u! do they have timelines on VJ?