Lets collect some information about IMBRA effects

[Yodrak 7]

Luis&Laura,

What's clear is that it isn't a DHS memo and it's not on a DHS site. Since the problems at the moment are with DHS-USCIS, it would be nice if they would say something and I was hoping from your post that they had. But apparently not.

Hopefully DoS is using the extra time that USCIS is giving them to get their own shop in order, so that they can implement their own IMBRA requirements when the post March 5 petitions start flowing again.

Yodrak

It´s that visa policy telegram report from the DHS official site that was posted here already. The one talking about the Recalled Petitons. It´s nothing that hasn´t been shown here.

"A 60-day deadline, March 5, 2006, was established

for DHS to begin asking K-1 fiancé(e) petitioners for

their criminal background information.

While most K-1 cases under the new IMBRA requirements

were held at the service centers pending development of a

new form I-129F...

In the meantime DHS will

send additional questionnaires to the petitioners

inquiring about their possible criminal backgrounds."

It´s clear, isn´t it?

[Ladylethal 12]

Sorry, it´s the Department of State. But it´s still oficial, right?

http://travel.state.gov/visa/laws/telegram...grams_1446.html

Edited May 25, 2006 by Luis&Laura

[rachelw610 0]

This is what I just sent to Department of Homeland Security

Recently I filed a K-1 visa petition. Recently I have been reading where the I-129F application did not meet the requirements for the recently passed law International Marriage Brokers Regulation Act which requires that questions be asked as to the petitioner's criminal background as to things like domestic violence. I want to know since I filed my petition before the I-129F application required any questions as to the petitioner's criminal background can I expect additional papers in the mail to fill out and how many days, weeks, or months will this add to the process?

If anyone else wants to send your questions or comments to DHS this is the webpage.

http://www.dhs.gov/dhspublic/contactus

PS..........Catagory Immigration then click submit to send email

Fantastic idea! I just now followed your link, and sent a message to them. I basically said the same things you did, and asked the same questions ("My petition was received March 13th, when will I get this new form, who long will it take, any answers you can give me would be greatly appreciated, etc.).

If I hear anything back I will let you know, and please do the same!

[Yodrak 7]

Luis&Laura,

It's official as far as that the DoS has returned certain improperly approved petitions at the request of the USCIS. As for the details of the impropriety, the DoS does not speak for the USCIS and the memo is really pretty superficial as a result.

(Nice edit :-) )

Yodrak

Sorry, it´s the Department of State. But it´s still oficial, right?

http://travel.state.gov/visa/laws/telegram...grams_1446.html

[Ladylethal 12]

Had to edit it, seemed nasty when I read it back.

But I still think that even the memo was superficial, it still states that indeed a new form will be made, unless they release those to shut us up only.

I was also reading in one of those laywer pages a comment from March that the new IMBRA law would provide petitoners a new form, although from the comment the law wasn´t yet in effect so nothing about the fact the new form was never sent was said.

[Mike n Huong 1]

Ok, I don't want to be negative, but I can't stop thinking about this, because it is our lives we are talking about here. I was driving home from work today, and of course this is the best time to get some serious thinking done. I am wondering if all of the illegals have something to do with the reason they are not giving up any information. They have millions of illegals already in the US, and they are trying to figure out what they are going to do with them all. MY GREATEST FEAR is that they would put all of our petitions, the legal ones, on hold, while they have to process all the illegals, because they are already in the US. Maybe they are trying to figure out how they are going to handle 12 million illegals petitions and 1,100 returned petitions, as well as all the ones that have been filed since. I hope that this is not the reason!!!!

God help us All!!!!

[nannygirl82 0]

well i write this with tears in my eyes..but my fiance got the cancelation today of his appointment...in the letter it says it was sent back to the states on the 15th of may...so who knows how long it will take...so gary you can update your info...

[rlt 0]

Hey, guys.

Another day has passed and nothing new came up.

What are we gonna do tomorrow?

[Pete 0]

This is what I just sent to Department of Homeland Security

Recently I filed a K-1 visa petition. Recently I have been reading where the I-129F application did not meet the requirements for the recently passed law International Marriage Brokers Regulation Act which requires that questions be asked as to the petitioner's criminal background as to things like domestic violence. I want to know since I filed my petition before the I-129F application required any questions as to the petitioner's criminal background can I expect additional papers in the mail to fill out and how many days, weeks, or months will this add to the process?

If anyone else wants to send your questions or comments to DHS this is the webpage.

http://www.dhs.gov/dhspublic/contactus

PS..........Catagory Immigration then click submit to send email

Nice find tjv2000 and great feedback! I love to see people finding and posting these links, and ACTING not just "hoping".

No idea where it goes but I just used that feedback form at the link above to send this:

"Dear Sir/Madam,

I filed a K1 I-129F application for fiancee' visa, which was received at USCIS CA on 3/29/2006.

I am now aware that the already agonizingly slow approval process has actually gone into reverse because USCIS was not compliant with the new IMBRA law.

Over 1000 approved applications have been returned to USCIS for additional processing!

Thousands of innocent people are now caught in the deepening black hole of the fiancee' visa approval process.

How has this been allowed to happen? Is anything being done to address the massive backlog of fiancee' visa processing? Can you place an emphasis on expediting existing fiancee visa applications since the processing delays are mentally devasting the people involved? Why does it take 5 months to get an interview at the Philippine embassy after approval?

Thank you for the courtesy of a reply. "

I challenge each and every person reading this forum to take action if you ever want to see an approval this year. Your silence means nothing will change for the better.

[tigretigre 0]

You can all start by giving me some feedback on my message to the Ombudsman.

With one exception, nobody here's been interested in offering any input, so I figured I'd post my draft and see what people thought.

Prakash I. Khatri, Esq

Office of the Citizenship and Immigration Services Ombudsman

United States Department of Homeland Security

Washington, D.C. 20528

Dear Mr. Khatri:

I recently filed a K1 fiance(e) visa petition (Form I-129F) with the USCIS Vermont Service Center; according the United States Postal Service returned receipt, my petition arrived at the Center on May 19. I have since heard some very distressing news from the Department of State concerning the processing of K1 fiance(e) visa petitions in light of the International Marriage Broker Regulation Act (IMBRA) (please see the Visa Telegram at http://travel.state.gov/visa/laws/telegram...grams_2927.html, dated May 6th, 2006). The information included news of the recall of over 1,000 approved K1 petitions from their consular destinations, and provided the vaguest of explanations concerning the future of submissions currently awaiting processing at the USCIS Service Centers. I am writing to seek some general information on the current K1 visa processing situation at the Service Centers (particularly the Vermont Center), and to offer my input on how the USCIS can best address the concerns and understandable anxiety of United States citizens and their fiancé(e)'s abroad.

I write to you not only out of concern for my own case, but out of concern for other K1 petitioners who have shared their distress with me. People seeking family-based immigration benefits suffer anxiety and frustration resulting from separation from loved ones and the uncertainty of the process by which they are hoping to be reunited with their family members. It is not surprising that the World Wide Web is home to communities of family-based immigration petitioners and applicants who seek understanding and support during this difficult time. As a member of one such community, my thoughts as I write to you are as much of them as they are of my own situation.

My areas of concern include the following:

1) The relevant federal agencies (which include the USCIS under the Department of Homeland Security, as well as the Department of State), have failed to keep the public informed of the IMBRA-related developments and how they affect the way K1 petitions will be processed at the USCIS Service Centers.

2) The relevant federal agencies have failed to provide effective channels through which current petitioners and applicants can obtain reliable, complete information concerning their pending cases.

3) Officials at the relevant federal agencies, having made the grave error of failing to implement the required procedural measures for IMBRA by the legislative deadline, have compounded that error by requiring that petitions received after that deadline be processed in compliance with IMBRA when petitioners and applicants were not themselves informed of the need for compliance.

4) Officials at the relevant federal agencies have now released information (see the Visa Policy Telegram from the Department of State) stating that petitioners for K1 visas submitting on or after March 6, 2006 will be subject to new requirements when completing Form I-129F, but have failed to explain what information (if any) the petitioner will be required to supply. References to a “new Form I-129F” and “additional questionnaires” have triggered panic among petitioners and applicants, who envision massive delays as the petitioners collect the IMBRA information and turn it over to Service Centers for processing.

The situation has become untenable for those of us who have submitted a K1 petition we think will be affected by IMBRA, and some remedies are necessary. People who have resigned from jobs, sold or purchased homes, relocated, and made wedding plans upon receipt of an approval notice (or even upon approval at the foreign consulate) are now suffering financial as well as emotional hardship as their approvals are revoked. We who have not yet received an approval notice from our Service Centers are left to wonder anxiously about the future of our petitions, and to speculate on what information will be required from us in order to proceed (as well as how long it will take to obtain it).

We are United States citizens who have acted in good faith and conformed to the laws and regulations of the United States, and the requirements of the K1 petition process as published at the time of filing. To effectively penalize our petitions for an administrative failure we could not possibly have anticipated is rapidly eroding our faith in the ability of our Government to provide transparent guidance and competent administrative service.

My proposed solutions are as follows:

1) The Department of State and the USCIS must as soon as possible publish a notice describing any new requirements for the submission of K1 petitions due to IMBRA. The notice should include information on any new version of Form I-129F that may be forthcoming, and instructions for submitting K1 petitions pending new regulations or forms. In addition to any other forms of publication, the notice should be displayed prominently on the homepage of the USCIS website, and should also be available on the Department of State web page concerning visas.

2) As soon as possible, the web pages displaying the visa processing dates at the individual USCIS Service Centers should provide a notice updating the user on the status of Form I-129F processing at the Center (i.e., whether all processing has been suspended, some processing is taking place, normal processing has resumed, etc.).

3) As soon as possible, the Departments of State and Homeland Security, as well as USCIS itself, should issue a notice providing the public with a single information resource for questions concerning the IMBRA situation as it affects pending K1 petitions. This resource should be able to provide individuals with, among other things, a) the current location and status of the individual's petition; any information that is still needed from the petitioner before the petition can be approved; c) an estimated timeline for approval of any petition recalled from a foreign consulate by the Department of Homeland Security.

4) Given that petitioners with cases currently pending at a Service Center, the National Visa Center, or a foreign consulate received no notice concerning any additional procedures or requirements for approval of their petitions or applications for visas, and that there is no guidance on the IMBRA requirements available for U.S. citizens contemplating a K1 petition, it may be argued that fundamental fairness requires that all K1 submissions be processed under the pre-IMBRA regulations until notice of new procedures and requirements can be widely disseminated by the relevant federal agencies. It is one thing to require that all petitions submitted after a specific date conform to a specific set of regulations made available prior to that date; it is quite another to subject all pending and future petitions to a set of regulations that do not yet appear to exist and therefore cannot be followed by petitioners, researched by attorneys, or explained to users by USCIS officials.

I recognize that USCIS and other Department of Homeland Security personnel work hard on a daily basis to provide the most efficient and thorough service possible, for the benefit of visa-seekers and for the protection of American citizens. It is disturbing, however, to witness at this critical point in the development of our country's immigration policies and procedures, such confusion and absence of transparency. I urge you to consider the issues I have identified here, and their accompanying proposals, and to recommend that USCIS take action as soon as possible. I very much appreciate your time and attention to this matter.

Very truly yours,

[my name], J.D.

[rlt 0]

Tigretigre,

amazing job!

That´s the first time since my interview was cancelled that I´m optimistic.

Let us know of any answer you may get!

Good luck to us all!!!!!!

[rl2009 0]

Hello Gary,

Please add us to your list

CSC received our petition 3-23-06

NOA1 date 3-29

No NOA2 yet.

If you can tell me the correct people to contact, and send letters to I will gladly assist in helping everyone. It seems there are a lot of people to contact and we need to all be sending to the correct place. And correct people. If we all choose the same national news station to send letters to I think this would help too.

Thanks

Luke, Rosana and Lais.

[GaryC 7]

Ok guys, lets all take a deep breath here. First of all I recomend everyone sending a letter to their senators and congressmen. Second, calling USCIS or DHS obviously does no good. No one there seems to know what is going on. Contacting your local news stations may get you a mention on the 6 oclock news but I don't see how that will help. This is just one of those things that is out of our hands. We are all in the same boat here. Lets just sit back and see how it works out. Bouncing off the walls may make you feel better now but does nothing constructive.

The only thing I can see that will get us anywhere is through our elected officials. That is what they are there for. They made this stupid law and they are the only ones that can fix it.

[rlt 0]

Ok guys, lets all take a deep breath here. First of all I recomend everyone sending a letter to their senators and congressmen. Second, calling USCIS or DHS obviously does no good. No one there seems to know what is going on. Contacting your local news stations may get you a mention on the 6 oclock news but I don't see how that will help. This is just one of those things that is out of our hands. We are all in the same boat here. Lets just sit back and see how it works out. Bouncing off the walls may make you feel better now but does nothing constructive.

The only thing I can see that will get us anywhere is through our elected officials. That is what they are there for. They made this stupid law and they are the only ones that can fix it.

I think as for results, you might be right.

The only thing is that if we get a news station to put this on the 6oclock news, they won´t be reading our posts.

They will hear someone and go for an explanation.

And that´s a chance we will her something. We never know until we try it.

[Ladylethal 12]

I agree, Gary, all we can do now talking to the senators and congressman. Too bad Puerto Rico doesn't have one. My fiance can't do that, so I have to count on you guys.