New Anouncement from USCIS Acting Director

[Chet 0]

The acting director just released a news announcement on the USCIS website. Has anyone read the comments? I give him credit for addressing some of the questions but i don't think he was able to answer most of the concerns. There appears to be a cap on family based petition visas, which I was surprise that the government would purposely limit one's ability to be with their spouse.

[Tofusensei 0]

The acting director just released a news announcement on the USCIS website. Has anyone read the comments? I give him credit for addressing some of the questions but i don't think he was able to answer most of the concerns. There appears to be a cap on family based petition visas, which I was surprise that the government would purposely limit one's ability to be with their spouse.

Thanks for the link. It sounds like he knows there is a problem. Was this cap on family based petitions common knowledge? It's news to me. Can someone elaborate on that?

[Chet 0]

Thanks for the link. It sounds like he knows there is a problem. Was this cap on family based petitions common knowledge? It's news to me. Can someone elaborate on that?

According to the article:

Others have asked why petitions for their relatives take so long to process. Usually, it’s because an immigrant visa simply isn’t available. More than 1 million petitions to sponsor a relative are still awaiting visas. USCIS must manage our work based on the number of visas allowed by law. To change that, Congress would have to amend the law. No USCIS employee wants to keep a family apart or withhold proof of eligibility to work, but we must work within the requirements set by law.

So if someone is going through the CR1 route, which is an immigrant visa, that means you may encounter another issue of availability in addition to slow processing. Since K-3 is non-immigrant, I hope we are not impacted by this. From my view, I don't care what kind of visa as long as I can be with my wife!!

[MsZ 6]

There are no caps on immediate relatives (spouses, unmarried children) of USCs. The caps begin with children over the age of 21 of USCs and continues with LPRs' families. I believe there are caps for certain countries as well -- only so many visas per year.

[rika60607 215]

There is no cap for spouses and children under uhmm...18? or 21... depending on the visa... CR-1 vs K1.

But, the whole article is #######. So cheerful. While in reality USCIS is not only working slower comparing to last year, but seems to make even more mistakes!

The acting director just released a news announcement on the USCIS website. Has anyone read the comments? I give him credit for addressing some of the questions but i don't think he was able to answer most of the concerns. There appears to be a cap on family based petition visas, which I was surprise that the government would purposely limit one's ability to be with their spouse.

[Ilya R. 0]

link?

[Ilya R. 0]

hmm at least his comments are a bit more reassuring than Gonzales'.

but i've lost all hope in vermont, so no words will make it okay now.

[gogo 6]

I'm going to post my case numbers up for him to see.. I think others should do the same.. He said the "processing times" were those that were already COMPLETED.. then why the #### is my case still pending?

[Ilya R. 0]

What I dont understand is, who gets the immigration visas and who dont? isnt easily available? Why is it available for some and not available for others?

[MsZ 6]

I saw a good article on this the other day but I can't find it again...

This is an interesting PDF : http://www.numbersusa.com/PDFs/Immigration...art%2001-07.pdf

[gogo 6]

spouses don't get the CAPS, MsZ (haha, sorry not to get mad at you)... while others do.. so I don't get it either.. and yet from the front page today, they are letting in REFUGEES from Iraq.. so if I blow up my spouse's house then she will be a refugee and can come that way? I can buy her family a new house (since it's a lot cheaper in China) and she can come.. yay, a win-win situation..

Edited June 23, 2008 by gogo

[Ilya R. 0]

I saw a good article on this the other day but I can't find it again...

This is an interesting PDF : http://www.numbersusa.com/PDFs/Immigration...art%2001-07.pdf

They dont seem to devide Married adults(K3/Cr-1) from K1 Filers

[gogo 6]

because married adults don't get CAPS.. we aren't supposed to get any..

Here is the comment I posted on the USCIS website...

====================================================

Director Scharfen,

if you ACTUALLY do read these comments, I'm going to post my case numbers for all to see and you can tell me what's wrong with them. I filed my I-130 April 13, 2007, and my I-129F June 4, 2007. I have had numerous problems with the case

1 - transfer of both cases to local office "security checks" on November 2007

1.5 - wrote letters to congressmen, senators, attorney generals, vice president, president, ombudsman , FBI (received letter from FBI, Michael Cannon, Records Management Division Chief, stating I had no security checks on my case - March 2008)

2 - had local office interview on February 2008 with Examiner "John Tu" who is at the 8th floor of the LOS ANGELES DISTRICT OFFICE - I had both my parents there and the interview person said everything will be ok and that I will get my approval notice within 2-3 weeks, but still nothing as of June 2008)

3 - hired lawyer in May 2008 to do a "writ of mandamus" - you probably know what that is so I don't have to tell you - and will continue to pursue this with a team of lawyers until this gets resolved FAVORABLY.

Summary : I had nothing wrong with my case. I submit my I-130 in April 2007 (received the Notice of Action on May 29, 2007) so I can file the I-129F on June 4, 2007. I was applying for a K3 visa and stated my case on both petitions. I also included lots of evidence (20+ pictures of both sets of parents together at our wedding party, including her side of the family, wedding invitations that we sent out, 3 affadivits of people who knew us, telephone records, emails). I have 3 backpacks full of information of more evidence that I update (Skype phone history + home phone history starting from 3 years ago, emails (over 1000+), Western Union receipts, gifts receipts , wedding day receipts, hotel receipts, and a whole backpack full of pictures - over 1000+ in many albums of my many trips to China). So I have done all I can and yet to hear an answer.

Thank you,

P.S. You have my contact info from the petitions that I sent, so it really isn't hard to contact me. I wait to hear an answer from you.

we should all post our case numbers for him to see.. let's make a list and post it in the comments that's what I did on my comment..

Edited June 23, 2008 by gogo

[payxibka 10,045]

There is no cap for spouses and children under uhmm...18? or 21... depending on the visa... CR-1 vs K1.

But, the whole article is #######. So cheerful. While in reality USCIS is not only working slower comparing to last year, but seems to make even more mistakes!

FWIW, K-1 is NOT an immigrant visa therefore not subject to any perceived immigrant visa cap... an immediate relative of a USC (as defined) is not subject to any preference category as well, therefore no cap limitation either....

Edited June 23, 2008 by fwaguy

[MsZ 6]

http://www.usvisahelp.com/index.php?view=a...nt&Itemid=5

According to this link, there is a cap on visas for spouses of LPRs, just not USCs.

Edited June 23, 2008 by MsZ