This really pissed me off!!!

[MsZ 6]

"Secondly, K1's don't get processed first because they are 'easier'. "

Actually, the ombudsman has documented that the easier an application is to process, the faster USCIS will work on them, often leaving more difficutl cases of the same period to lay untouched for weeks, months or even years.

And, by the same token, since USCIS is funded by throughput rather than making deadlines, processing easier cases gets them a healthier budget than does dealing with more difficult cases.

If the rules were the rules were the rules, your logic would apply. The problem arises because there are differing interests that are competing for limited resources. Therefore, rules get bent to support the system that created the problem in the first place. Fair is not fair in immigration, unfortunately. Fair is whatever USCIS claims it to be.

[pushbrk 12,605]

"Secondly, K1's don't get processed first because they are 'easier'. "

Actually, the ombudsman has documented that the easier an application is to process, the faster USCIS will work on them, often leaving more difficutl cases of the same period to lay untouched for weeks, months or even years.

And, by the same token, since USCIS is funded by throughput rather than making deadlines, processing easier cases gets them a healthier budget than does dealing with more difficult cases.

If the rules were the rules were the rules, your logic would apply. The problem arises because there are differing interests that are competing for limited resources. Therefore, rules get bent to support the system that created the problem in the first place. Fair is not fair in immigration, unfortunately. Fair is whatever USCIS claims it to be.

There's certainly some of that going one but one must be careful not to assume that it is the spouse vs fiance(e) criteria that causes the service center to set aside complicated cases. At the service center level a spouse case is no more complicated than a fiance case. The complications are case specific, not category specific. I've seen plenty of fiance cases take far longer than other fiance cases submitted to the same service center, in the same time frame.

I'm not quite sure where you get the throughput theory, since the first thing the do is cash the check. It's not like they collect more fees later.

[MsZ 6]

It is not my theory -- it is the ombudsman's theory based on his last report to congress. I would expect that he knows what he's talking about (or the old one knew what he was talking about, since we've a new ombudsman.)

[pushbrk 12,605]

It is not my theory -- it is the ombudsman's theory based on his last report to congress. I would expect that he knows what he's talking about (or the old one knew what he was talking about, since we've a new ombudsman.)

Yes, you quoted the Ombudsmans's statement but added your interpretation that "easy" = "K1", not he Ombudsman's theory at all.

[MsZ 6]

Please tell me how the K-1 is on average, as difficult or more difficult than a K-3 or a CR1/IR1. Because if it isn't easier it has to be the same or harder to process, right?

[HannahP 119]

Man. Why not take this reasoning to the logical step and start screening for couples who are likely to end up divorced, anyway? Statistically, that's fifty percent of us. Kick those guys to the back of the line, please! Why should I have to wait those extra few months when Mr. and Mrs. Jo Schmo are going to tie up resources with their immigration petition, only to get divorced a few years later?

[Gaby&Talbert 1]

Man. Why not take this reasoning to the logical step and start screening for couples who are likely to end up divorced, anyway? Statistically, that's fifty percent of us. Kick those guys to the back of the line, please! Why should I have to wait those extra few months when Mr. and Mrs. Jo Schmo are going to tie up resources with their immigration petition, only to get divorced a few years later?

Who is going to decide who will bedivorced or not? I wonder if the divorce rate is higher or lower for people who marry a foreign spouse?

[pushbrk 12,605]

Please tell me how the K-1 is on average, as difficult or more difficult than a K-3 or a CR1/IR1. Because if it isn't easier it has to be the same or harder to process, right?

Ok, what is being processed at the service center is a petition. An I-129F petition is generally equally difficult to process. What the Ombudsman is referring to is the issues in specific cases of any category that makes those cases more difficult. Some details are in the long thread started by member huskerkiev.

It is true that some/many goverment workers will do the easy stuff on their desk and wait until later to do the hard stuff. In some ways, that's human nature. But on a given day, all the petitions on an adjudicator's desk are likely to be of the same category.

The Ombudsman doesn't say "K1" when he says "easy". That's your misinterpretation.

There are multiple steps on the adjudication of any petition of any category. The case can become "difficult" at any point in the process. At each step there could be a certain period of time that the adjudicator can do nothing but wait for the result of say, a background check or some other verification done by another department. This is all true of each petition category.

Individual service center managers may make (sometimes really stupid and unfair) decisions to work on a single category for some space of time but that's a management decision and again not what the Ombudsman is talking about.

Again, we're talking about USCIS service centers here, not the entire visa process and certainly not the entire immigration and citizenship process. (the C and the I in USCIS). USCIS provides Citizenship and Immigration services, not "Visa Services".

If you want your foreign fiance(e) to live with you in the US as a Citizen, the overall process is going to be far more time consuming and expensive than to bring a spouse you've been married to two years by the time they arrive here. So, the "Service" of Immigration and Citizenship" is going to be measurably simpler for the long term spouse.

Man. Why not take this reasoning to the logical step and start screening for couples who are likely to end up divorced, anyway? Statistically, that's fifty percent of us. Kick those guys to the back of the line, please! Why should I have to wait those extra few months when Mr. and Mrs. Jo Schmo are going to tie up resources with their immigration petition, only to get divorced a few years later?

What screening steps do you suggest to determine which couples are more likely to be divorced?

What's your assurance you aren't one of them?

[Ilya R. 0]

Man. Why not take this reasoning to the logical step and start screening for couples who are likely to end up divorced, anyway? Statistically, that's fifty percent of us. Kick those guys to the back of the line, please! Why should I have to wait those extra few months when Mr. and Mrs. Jo Schmo are going to tie up resources with their immigration petition, only to get divorced a few years later?

Thats prolly the dumbest statement I've ever heard.

[Ovaltine Jenkins 5]

holy hannah - I hope all they come home with are STD's.

That many American men have STD? Anyway, it´s not very nice of you to wish this or anything similar to anybody.

[MsZ 6]

I really don't think you answered the question, pushbrk. You said a lot of words but you didn't indicate how the K-1 is as difficult or more difficult than a K-3 or CR1.

Further, the expense of a K-1 over a K-3 or CR1 only adds to the argument that this is about fees as much as it is about anything else. But the expense up front is low enough and considering that most people would pay a hell of a lot more to have their spouse with them sooner, that the K-1 may be more expensive than the K-3 (because not everyone has 2 years of marriage under their belts before a visa is granted) is a longer-term concern and not an immediate concern. The immediate concern is getting a spouse on US soil.

[pushbrk 12,605]

I really don't think you answered the question, pushbrk. You said a lot of words but you didn't indicate how the K-1 is as difficult or more difficult than a K-3 or CR1.

Further, the expense of a K-1 over a K-3 or CR1 only adds to the argument that this is about fees as much as it is about anything else. But the expense up front is low enough and considering that most people would pay a hell of a lot more to have their spouse with them sooner, that the K-1 may be more expensive than the K-3 (because not everyone has 2 years of marriage under their belts before a visa is granted) is a longer-term concern and not an immediate concern. The immediate concern is getting a spouse on US soil.

I answered the question by indicating processing an I-129F petition (That's what USCIS does, not any kind of visa.) is generally equally as difficult as either spouse petition. The few extra minutes an adjudicator may spend looking at any evidence of bona fide relationship, with an I-130 doesn't add difficulty, IMO. Difficulty comes on a case by case basis, not on a petition category by petition category basis because the general information being evaluated is the same.

1. Is the petitioner a US Citizen free to marry (K1) or legally married (K3/CR1)?

2. Has the beneficiary provided evidence they are free to marry (K1) were free to marry (K3/CR1)?

3. IMBRA considerations (K1 and K3 but not for CR1)

4. Did the couple meet in person during the past two years? (K1 only)

5. Name checks for petitioner and beneficiary (both)

Where's the additional difficulty in any of the categories? The way I see it, the "meeting" requirment is additional to the K1 but is sometimes roughly equaled by evaluating bona fide evidence. Often no bona fide evidence is submitted with an I-130 so all that is left to the Consulate.

What's your basis for one category being more difficult to adjudicate than another?

Again, the Ombudsman's statement does not support the I-129F category being the "easy" cases he refers to. That's your misinterpretation.

Edited June 10, 2008 by pushbrk

[Filiricans 2]

Peace be with you all. We are here to help & give support to one another. Let us ALL be happy here.

Stay cool VJ FAMILY B)

Edited June 10, 2008 by filiricans

[Gator's Bike 0]

Bottomline? Being a judgemental bas+ard towards any one person is the most inappropriate thing. Everyone has different plans and perspectives in life!. Why not be happy for people who are looking for a better life just live everyone else here!. Your Rule: MIND UR OWN BUSINESS!!!!!

By the way, IM THINKING ON HOSTING AN IMMIGRATION PARTY OVER AT MY PLACE!

bravo peace be with us :dance:

Edited June 15, 2008 by gurl