Citizenship and Immigration Services Ombudsman

[Enlighten one :) 5]

Everyone who has a I129f/K3 cancled or pending please send the questions to the Citizenship and Immigration Services Ombudsman.

Here is mine:

From: Melissa V. Ayotte [mailto:melissa.ayotte@maine.edu]

Sent: Sunday, March 02, 2008 9:02 AM

To: PublicAffairs, CISOmbudsman

Subject: administratively closed

Importance: High

After reviewing the questions regarding The K3 Visa Family Unification Process: How Is It Working for You? Questions from CIS Ombudsman's Teleconference on January 31, 2008, I have surmised some further question regarding petitioner concerns and comments.

Can the USCIS create a new status and policy of "administratively" closing I129f petitions without notification to the public?

The policy for "administratively" closed cases is not located on their website. There appears to be confusion around this new terminology. Why does the USCIS list information regarding Approved, Denied, Pending, and RFE, but does not proved information on Administratively closed cases. Under the freedom of information act the USCIS must provide this information, why don't they have it posted on the website or in the application directions?

The question around I129f petition time frames not being posted is a great concern for me, since I have a pending I129f petition. It has become apparent that USCIS is already providing approval dates for I130 with a priority date of October and November 2007 at the Vermont Service Center, where my petition is pending, with a priority date of September 2007. My I130 petition was approved in September, but I am choosing to wait for the I129f petition for a quicker interview date with the embassy. This embassy give K3 visa interviews within a month to two months time. It takes an average of 8 months to obtain a CR1 interview at my husband's designated interview.

What type of notification process are they providing around this new term "administratively" closed. My case is still pending. I am still waiting. I have called the USCIS customer service center. They did not notify my that my case was "administratively" closed. Had I been notified that my I129f petition would be administratively closed 6 months ago when my petition was submitted I might not have paid my lawyer an additional $1000 to process this petition and I would have moved forward with my I130.

Thank you in advance for you assistance in this matter. Any information regarding the above questions will assist me in elevate unnecessary stress and further financial strain.

Responce

Thank you for your email and for your additional, important questions. Please remember to sign up on our website to be notified when our site is updated with information on the answers to the teleconference questions.

Thank you again,

Citizenship and Immigration Services Ombudsman

U.S. Department of Homeland Security

Mail Stop 1225

Edited March 4, 2008 by Lurking

[Elbereth 0]

This is a good idea. I don't think that one or two people flooding their inbox with questions will do anything, but if a lot of people send one e-mail, they might feel pressured to hurry up and get answers.

I already wrote them last week. These are the replies I got:

Thank you for your email and we are sorry to hear about the difficulties you are having with the USCIS. For this problem, we suggest that you try contacting USCIS’ National Customer Service Center (1-800-375-5283) to try to remedy the problem. The person who takes your call should be able to issue a service request to address the problem. If you have any difficulty with the call, please record the date and time of the call as well as the person with whom you spoke and let us know at this email address.

If you would like us to research your specific case problem, please visit our website for information on how to submit a case problem using DHS Form 7001. www.dhs.gov/cisombudsman/. For privacy reasons, we require written consent before we can research the case.

Thank you,

Citizenship and Immigration Services Ombudsman

We truly understand your frustration with calling USCIS’ National Customer Service Center. However, we ask that you call one more time and particularly ask the call representative to issue a “service request” to research your case. This is the system USCIS has established to remedy your kind of problem. Again, if the call representative does not provide the help you need, please record the name or ID number of the representative as well as the date and time of the call and email us so that we can address it.

Again, you can also forward us the DHS Form 7001 for us to research the specifics of your case as well.

Thank you,

Citizenship and Immigration Services Ombudsman

and then from someone named James L. Reaves

Filing the DHS form 7001 has no effect on your application with USCIS. The Ombudsman’s Office is a separate entity within DHS and not a part of CIS. We make recommendations to USCIS on their policies and procedures which create pervasive and systematic problems for applicants like yourself. If you have a specific problem with an application which you would like for us to investigate, we will be happy to do so, but it requires the submission of the 7001.

James L. Reaves

to that I replied:

The eminent canceling of my K3 can’t be considered a specific pervasive and systematic problem for me?

Can I make a complain after they cancel it, and will that make any difference then?

and his reply to that:

Questions such as yours were raised during the last teleconference on the K-3 issue on January 28, 2008. We are not aware of any I-129F’s being cancelled. This question has been referred to USCIS and we are waiting for their reply.

[Enlighten one :) 5]

Yes, I thought people could cut and past our letters into emails and edit them to be their own. I am going to write again every three days for answer to my questions.

[calamitka 0]

We actually mailed in December this form 7001 to ombus. with questions like

Why our case was closed ? and after a month my hubby got the letter with the answer that all questions we should sent to USCIS. I don't want to bother my hubby to scan this letters, he get anxious when he only hear the word USCIS. Kind of alergy reaction.

I try to sent email to USCIS with inquiry.

[Enlighten one :) 5]

Yes I just filled out that form today. Although, my case still states pending. I told him that is what cs states, but they said it will be cancled.

We actually mailed in December this form 7001 to ombus. with questions like

Why our case was closed ? and after a month my hubby got the letter with the answer that all questions we should sent to USCIS. I don't want to bother my hubby to scan this letters, he get anxious when he only hear the word USCIS. Kind of alergy reaction.

I try to sent email to USCIS with inquiry.

[Enlighten one :) 5]

Come on users you need to write your Ombudsmand. This is my secound letter to them demanding informaiton.

Attention CIS Ombudman:

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 20^th, 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

[Enlighten one :) 5]

3 Email

From: Melissa V. Ayotte [melissa.ayotte@maine.edu]

Sent: Wednesday, March 26, 2008 6:14 PM

To: 'cisombudsman.publicaffairs@dhs.gov'

Subject: Vermont Service Center

Here is a list of Visa Journey user’s timelines. As you can see there is no consistency between the centers regarding the K3 Visa. July and August Vermont petitioners gave up on the K3 and changed their profile status to a CR1. How can one center give approved I129f petitions while the petitioner has a approved I130, while the other center is ignoring the I129f petition. They are not even providing the waiting petitioner a notice of action. I am one of those petitioners that have been waiting since September.

The list below is in order of I-129f NOA1 . I know my rights as a United state citizen. I know what they are doing is not right. It is discriminatory, preferential, and bias. Under the life act US citizens have the right to use the K3 petition. K1 petitions approvals are only taking 2 months. When K3 are barely being issued.

I cant attached the spreadsheet it stated that the file is too big.

[Enlighten one :) 5]

Ok I am blacklist I am sure 4th email:

From: Melissa V. Ayotte [melissa.ayotte@maine.edu]

Sent: Friday, March 28, 2008 5:56 AM

To: 'CISOmbudsman.Publicaffairs@dhs.gov'

Subject: 2008 Data From Visa Journey

Attachments: 2008 APROVALS.xls

Importance: High

I have created a spread sheet with three tabs: I129f K3, I129f K1, and I130 Cr1. As mentioned in my email Vermont Center has only approved 2 petition for I129f/K3 visas. I can’t understand why the approve so many K1 and ignore our K3. I have been waiting 6 month for my K3 visa, which still shows up pending. As I stated before many of the Cr1 profiles originally where waiting on the K3, but gave up waiting through all the confusion.

I hope you find this information helpful to assisting us with our I129f/K3 petitions. Why can’t we get answers to our questions regarding the I129f petitions. They can’t find the legal verbiage to explain their new policy to benefit their back log of petitions?

Sincerely,

Site will not let me upload the spread sheet.

[Enlighten one :) 5]

After viewing the new processing timelines, I had to write one more letter.

From: Melissa V. Ayotte [melissa.ayotte@maine.edu]

Sent: Friday, March 28, 2008 6:30 AM

To: 'CISOmbudsman.Publicaffairs@dhs.gov'

Subject: Processing center New Time Lines

I am pleased to see that the processing center’s timelines have now added the K3 petition date. This information seems embellished since the last spread sheet I showed you had approved K1 that had priority dates for January and February of 2008. Why is that date the same as the K3 when we both know that is the farthest from the truth.

Thank you for your time. I just want to get to the bottom of this discrepancies. I had a USCIS officer state that I could do nothing about K3’s being administratively closed. I like to think that you know differently.

Have a great Weekend.

Sincerely

Melissa V. Ayotte.

[Donna A 4]

my experience with writing the ombudsman was totally worthless. i wrote to them telling them my husband was stuck in FBI namecheck for 3 years for his green card. wrote all the details and how many info pass appointments we went to, how many times i contacted the congressman just to get the same "we are waiting for the FBI checks to finish" story.

the reply i got...the fbi hasnt finished with ur name check yet. the greencard can not be issued without these checks being incomplete!!!!

didnt i already tell them that? did they even read my letter i wrote?

[shadylady 0]

I have no idea what you r letters are or where to find them... but I am also trying to find out what happened to my application that arrived back from Morocco in May and no one seems to be able to find it.