USCIS nullify LIFE ACT

[ninjarocket 1]

I was thinking of sending a letter to one of my senators incorporating the following text. I thought other applicants with unusually long I-130 wait times might be interested:

I'm a ......... and filed petitions for Conditional Residence (CR, case # ......, July 10, 2007) and spousal (K3, case # ......, Sept 06, 2007) visas last year to be reunited with my wife by allowing her entry to the US. Unfortunately, we have been subjected to unusually long wait times compared both to other applicants (e.g. those registered at visajourney.com) and to the published USCIS processing times (i.e. on the USCIS website). My long wait is caused entirely by a recent USCIS procedural change in which the department of homeland security (i.e. USCIS) decided to nullify certain benefits of the immigration law introduced in the 2000 LIFE ACT.

To reunite families of US citizens separated by the long wait times encountered with their I-130 CR (alien spouse) visa petitions, a new visa category (K3) was introduced as part of the LIFE ACT, signed into law by the president in December 2000. The intended purpose of the K3 visa (as outlined in the LIFE ACT) is to facilitate family reunion by enabling the faster entry into the US of a spouse (and/or children) while their I-130 petition awaits adjudication. As stated in the LIFE ACT, the K3 visa is not intended to be dependent on the prior approval of a I-130 petition (which can sometimes take a year or more) as that defeats its original intended purpose. Recently, however, USCIS began circumventing the LIFE ACT by changing the processing procedure. In contradiction to the requirements of the LIFE ACT, K3 visas are now conditional upon the prior approval of an I-130 CR. While this matters little to the vast majority of I-130 petitions that are approved in just a few months, those applicants with very long I-130 wait times (such as myself) are now completely disenfranchised from their rights to the benefits introduced in the 2000 LIFE ACT.

[Kevin and 10]

Go for it, all it will cost you is a stamp. Send it to both Senators and your Congressman too.

[jonbless 0]

I was thinking of sending a letter to one of my senators incorporating the following text. I thought other applicants with unusually long I-130 wait times might be interested:

I'm a ......... and filed petitions for Conditional Residence (CR, case # ......, July 10, 2007) and spousal (K3, case # ......, Sept 06, 2007) visas last year to be reunited with my wife by allowing her entry to the US. Unfortunately, we have been subjected to unusually long wait times compared both to other applicants (e.g. those registered at visajourney.com) and to the published USCIS processing times (i.e. on the USCIS website). My long wait is caused entirely by a recent USCIS procedural change in which the department of homeland security (i.e. USCIS) decided to nullify certain benefits of the immigration law introduced in the 2000 LIFE ACT.

To reunite families of US citizens separated by the long wait times encountered with their I-130 CR (alien spouse) visa petitions, a new visa category (K3) was introduced as part of the LIFE ACT, signed into law by the president in December 2000. The intended purpose of the K3 visa (as outlined in the LIFE ACT) is to facilitate family reunion by enabling the faster entry into the US of a spouse (and/or children) while their I-130 petition awaits adjudication. As stated in the LIFE ACT, the K3 visa is not intended to be dependent on the prior approval of a I-130 petition (which can sometimes take a year or more) as that defeats its original intended purpose. Recently, however, USCIS began circumventing the LIFE ACT by changing the processing procedure. In contradiction to the requirements of the LIFE ACT, K3 visas are now conditional upon the prior approval of an I-130 CR. While this matters little to the vast majority of I-130 petitions that are approved in just a few months, those applicants with very long I-130 wait times (such as myself) are now completely disenfranchised from their rights to the benefits introduced in the 2000 LIFE ACT.

well i'm right here with you.

almost the same timeline as you.

this is an outrage, although I don't know how much of a difference a letter such as this will do.

the facts stated are very true, but I'm convinced that USCIS and DHS care nothing for us or our families.

its just a business.

i've contacted congressman, senator, and vice president and none of this is making my approval come any quicker.

soooooo.......

we wait as usual.

I feel like i've done everything I can do, all for nothing???

I hope we(meaning you, me, and anyone waiting this long) receive an approval soon

bless

[mrc1330 0]

I will send a very similar letter... i would also suggest complaining to OMBUDSMAN of USCIS.

I was thinking of sending a letter to one of my senators incorporating the following text. I thought other applicants with unusually long I-130 wait times might be interested:

I'm a ......... and filed petitions for Conditional Residence (CR, case # ......, July 10, 2007) and spousal (K3, case # ......, Sept 06, 2007) visas last year to be reunited with my wife by allowing her entry to the US. Unfortunately, we have been subjected to unusually long wait times compared both to other applicants (e.g. those registered at visajourney.com) and to the published USCIS processing times (i.e. on the USCIS website). My long wait is caused entirely by a recent USCIS procedural change in which the department of homeland security (i.e. USCIS) decided to nullify certain benefits of the immigration law introduced in the 2000 LIFE ACT.

To reunite families of US citizens separated by the long wait times encountered with their I-130 CR (alien spouse) visa petitions, a new visa category (K3) was introduced as part of the LIFE ACT, signed into law by the president in December 2000. The intended purpose of the K3 visa (as outlined in the LIFE ACT) is to facilitate family reunion by enabling the faster entry into the US of a spouse (and/or children) while their I-130 petition awaits adjudication. As stated in the LIFE ACT, the K3 visa is not intended to be dependent on the prior approval of a I-130 petition (which can sometimes take a year or more) as that defeats its original intended purpose. Recently, however, USCIS began circumventing the LIFE ACT by changing the processing procedure. In contradiction to the requirements of the LIFE ACT, K3 visas are now conditional upon the prior approval of an I-130 CR. While this matters little to the vast majority of I-130 petitions that are approved in just a few months, those applicants with very long I-130 wait times (such as myself) are now completely disenfranchised from their rights to the benefits introduced in the 2000 LIFE ACT.

well i'm right here with you.

almost the same timeline as you.

this is an outrage, although I don't know how much of a difference a letter such as this will do.

the facts stated are very true, but I'm convinced that USCIS and DHS care nothing for us or our families.

its just a business.

i've contacted congressman, senator, and vice president and none of this is making my approval come any quicker.

soooooo.......

we wait as usual.

I feel like i've done everything I can do, all for nothing???

I hope we(meaning you, me, and anyone waiting this long) receive an approval soon

bless

[Ilya R. 0]

I think doing this is pretty useless, USCIS is aware of all of this.

[ninjarocket 1]

I think doing this is pretty useless, USCIS is aware of all of this.

You're probably absolutely right, but there's very little else I can do and at least there is some tiny remote possibility of something happening [http://domenici.senate.gov/assistance/fedassist.cfm]. USCIS probably will likely be contacted, but they will probably just respond by saying that my application is within their normal processing times [hahahahahaha], which obviously isn't the slightest but true.

[Army_Wife 2]

Just a thought guys .... have you thought about contacting the Human Rights people???

They come under the United Nations, which the US is a part of

http://www.visajourney.com/forums/index.php?showtopic=129837

I think it's worth a try ....

[Ilya R. 0]

Human Rights? What power do they have?

If any USCIS Should just be shutdown and restarted with a new system in place this place(USCIS) is disgusting!

[Army_Wife 2]

Because the US signed up to the United Nations, they fall under its jurisdiction ..... hence the H1-B's get all the help, the Human Rights people protect them.

If the Human Rights people were made aware of the dire situation with the immigration system here for families, they may just be able to say ....

"Oi ... America!! ####### are you doing !!! this is wrong!! and you cannot treat families like this!!! .... sort it out NOW!!!"

Human Rights people draw up directives all the time to protect people who fall under its jurisdiction .... they have for H1-B's (migrant workers and their families) .... if enough people let them know what's going on, you never know ... they may draw one up for I-130 families too .... the scrapping of the Life Act is certainly something I'm sure they'd find interesting .....

[desert_fox 32]

.

Recently, however, USCIS began circumventing the LIFE ACT by changing the processing procedure. In contradiction to the requirements of the LIFE ACT, K3 visas are now conditional upon the prior approval of an I-130 CR. While this matters little to the vast majority of I-130 petitions that are approved in just a few months, those applicants with very long I-130 wait times (such as myself) are now completely disenfranchised from their rights to the benefits introduced in the 2000 LIFE ACT.

I dont follow your logic...if you have an approved I-130, why would you care about a

K-3??

And if your I-130 is not approved, the K-3 would still go forward...no?? Where is this conditional approval change stated??

[Marlita 0]

I looked at your timeline. Are you still an LPR and not a USC? I know that LPR's wait an unGodly amount of time to bring spouses over. If this is the case, that may be partly why your wait has been so long. Otherwise as a new USC you should be able to update your resident status to USC with USCIS and get an earlier priority date.

[ninjarocket 1]

When they were first introduced, the INS (USCIS) forwarded approved K3 petitions on to the NVC and on to the embassy long before the I-130 was approved.

Now USCIS only approve K3 petitions at the same time as I-130 petitions, and since I-130 approvals can sometimes be very slow in coming, the K3 is no longer a fast process in those cases. It has become completely conditional on an approved I-130 because we no longer see stand alone approved K3 applications like we used to. The K3 will still be fast for the fortunate few who have their I-130 applications approved very rapidly, but then these aren't the ones who most need a K3 visa and for whom it was originally intended according to the LIFE ACT.

{I dont follow your logic...if you have an approved I-130, why would you care about a

K-3??

And if your I-130 is not approved, the K-3 would still go forward...no?? Where is this conditional approval change stated??

}

[ninjarocket 1]

I became a USC in August (shortly after my I-130 application). In hindsight I should have waited until I was a USC first because it seems to be the case that August and September petitions are being adjudicated before July petitions. There are numerous other July petitioners in the same boat as me who were USCs when they applied. I do wonder whether they have simply lost a pile of July petitions and are not telling us? It wouldn't be the first time from some of the stories I've read in the past.

I looked at your timeline. Are you still an LPR and not a USC? I know that LPR's wait an unGodly amount of time to bring spouses over. If this is the case, that may be partly why your wait has been so long. Otherwise as a new USC you should be able to update your resident status to USC with USCIS and get an earlier priority date.

[desert_fox 32]

When they were first introduced, the INS (USCIS) forwarded approved K3 petitions on to the NVC and on to the embassy long before the I-130 was approved.

Now USCIS only approve K3 petitions at the same time as I-130 petitions, and since I-130 approvals can sometimes be very slow in coming, the K3 is no longer a fast process in those cases. It has become completely conditional on an approved I-130 because we no longer see stand alone approved K3 applications like we used to. The K3 will still be fast for the fortunate few who have their I-130 applications approved very rapidly, but then these aren't the ones who most need a K3 visa and for whom it was originally intended according to the LIFE ACT.

\

When Congress authorized K-3's back in 2000, I-130's were taking about 2 years for approval. USCIS (then the INS) wanted nothing to do with the k-3's claiming they coud approve a I-130 as fast as a potential K-3. They drug their feet for a few years and didnt implement the K-3 until a few years later (after 9-11).

Now that the I-130 is a fast as a K-3...there is really no need for a K-3, and the USCIS will automatically approve an K-3 at the same time they approve the I-130.

Look for K-3's to go away.....not needed anymore.

[ninjarocket 1]

They can indeed process a I-130 (at least the service center part) as fast as a K3, but only sometimes.

[quote

When Congress authorized K-3's back in 2000, I-130's were taking about 2 years for approval. USCIS (then the INS) wanted nothing to do with the k-3's claiming they coud approve a I-130 as fast as a potential K-3. They drug their feet for a few years and didnt implement the K-3 until a few years later (after 9-11).

Now that the I-130 is a fast as a K-3...there is really no need for a K-3, and the USCIS will automatically approve an K-3 at the same time they approve the I-130.

Look for K-3's to go away.....not needed anymore.

/quote]