Lets collect some information about IMBRA effects

[aussiewench 9]

And btw I dont know if anyone read that, but someone already mentioned for the pending petitions(cases) they(USCIS or NBC) will do the background check. And as far as I know they just need you to obtain any police record or evidence if your(USC) name is registered at the FBI....They are working together with the FBI so I believe that there is no RFE or new Petition or whatever unless you have some records in your past.

(BTW what was that delay related to? to the new petition?

ummmmmmmmm Isabel, you obviously havent been following things. The delay is not due to the new I-129F.....it is due to the IMBRA.

Approved petitions that even had interviews scheduled were recalled because of IMBRA as they dont conform to the requirements of the act. There will be an RFE of some description or this has been a pretty pointless excercise on the part of USCIS I think you need to read a little more

Edited to add......forms with an expired date are often still used. Emergency reviews are not a regular occurence and this was clearly done because of IMBRA

Edited June 3, 2006 by aussiewench

[Isabel 0]

And btw I dont know if anyone read that, but someone already mentioned for the pending petitions(cases) they(USCIS or NBC) will do the background check. And as far as I know they just need you to obtain any police record or evidence if your(USC) name is registered at the FBI....They are working together with the FBI so I believe that there is no RFE or new Petition or whatever unless you have some records in your past.

(BTW what was that delay related to? to the new petition?

ummmmmmmmm Isabel, you obviously havent been following things. The delay is not due to the new I-129F.....it is due to the IMBRA.

Approved petitions that even had interviews scheduled were recalled because of IMBRA as they dont conform to the requirements of the act. There will be an RFE of some description or this has been a pretty pointless excercise on the part of USCIS I think you need to read a little more

Edited to add......forms with an expired date are often still used. Emergency reviews are not a regular occurence and this was clearly done because of IMBRA

Ah well I was reading the whole tread since it has been started . I do know that there is a delay because of IMBRA. Maybe I did not find the right words to say that :s. Sorry for that. Im still wondering what this emergency review means? Any ideas? 180 days? Seems alot though are they approving petition then during these 180 days?

Lg Isabel

[aussiewench 9]

And btw I dont know if anyone read that, but someone already mentioned for the pending petitions(cases) they(USCIS or NBC) will do the background check. And as far as I know they just need you to obtain any police record or evidence if your(USC) name is registered at the FBI....They are working together with the FBI so I believe that there is no RFE or new Petition or whatever unless you have some records in your past.

(BTW what was that delay related to? to the new petition?

ummmmmmmmm Isabel, you obviously havent been following things. The delay is not due to the new I-129F.....it is due to the IMBRA.

Approved petitions that even had interviews scheduled were recalled because of IMBRA as they dont conform to the requirements of the act. There will be an RFE of some description or this has been a pretty pointless excercise on the part of USCIS I think you need to read a little more

Edited to add......forms with an expired date are often still used. Emergency reviews are not a regular occurence and this was clearly done because of IMBRA

Ah well I was reading the whole tread since it has been started . I do know that there is a delay because of IMBRA. Maybe I did not find the right words to say that :s. Sorry for that. Im still wondering what this emergency review means? Any ideas? 180 days? Seems alot though are they approving petition then during these 180 days?

Lg Isabel

The emergecy review has come about because of the need to have an I-129F with the relevent questions posed so they meet the requirements of the Act. Imagine the backlog if they didnt put in an emergency review and this went on for months. There is a lot of reshuffling going on within USCIS, they have turned back the clock on listed processing dates at both VSC and NBC.....no petitions are being approved. Those that were have been recalled. If it was just a simple matter of doing a name check using the various data bases they have access to then petitions would not of been recalled as they have.

[jen&darcy 0]

I just wanted to say that I decided to look up my case today for the heck of it. I was 'touched' today again. 3 days in a row!

[storyteller 0]

30-day notice of I-129F

http://www.uscis.gov/graphics/formsfee/forms/pra/index.htm

Scroll down and you´ll see it.

I have at least 3 problems with that piece of work.

1 -- As far as I remember the text of the IMB regulation, question No.19 is required at the interview and directed at the beneficiary. It is not required on the petition. (My reading of the law may be flawed, though).

2-- In the filing instructions for the form:

If you have filed two or more K-1 visa petitions at any timein the past or previously had a K-1 visa petition approvedwithin two years prior to the filing of this petition, youmust apply for a waiver. To request a waiver you mustsubmit a written request with this petition accompanied bydocumentation of your claim to the waiver.

Anyone sees a major problem with paragraph? It must be "and", not "or". In the current edition it sounds like you must obtain the waiver by default if you are filing 3rd (or greater) petition, I.e. to petition for the 3rd time is limited by default. This is absolutely not what the law says. (Indeed, the best way to protect our women from domestic violence is just to prevent us from marrying them. And if one does want to marry (or even just try to marry) for the third time, one d better prepare good explanations why he or she would experience a great hardship otherwise... Indeed... Geesh.. What a mind work. )

3 -- in the same paragraph, limitation applies (as far as my reading of the law goes) only to different beneficiaries. If you petition for the second time for the same person, that limitation must not apply.

Frankly, I have come to expect a much greater attention to details of the INS lawyers. Or are they in so much a hurry that they cannot put one paragraph straight in 3 months since the law enactment? That s just so great performance one couldnt help appreciating...

[hockeygal 0]

I just wanted to say that I decided to look up my case today for the heck of it. I was 'touched' today again. 3 days in a row!

me too. Hey, maybe we've already arrived in California and someone lifted us out of a box and entered us into the CSC system. Perhaps tomorrow we will be touched again when someone approves us.

[Isabel 0]

Ah well just wanted to let you all know that I just wanna keep thing easy...since there is nothing to do ....I like the emergency review thing. Hopefully they get things in order then.

Lg Isabel

[YnaYeBa0808 0]

getting touched on a weekend???? thats good news! csc working on a saturday? lets hope we all hear something before july 4th. i think its going to be a four day weekend... eeek

Edited June 3, 2006 by YnaYeBa0808

[hafiz 1]

yep you see they are working hard.

[BlueSurf 0]

I know that Gary is probably recovering from his Pacific travel at this time. Sure wish he was here in the States to make sense of all these changes. I went in to the office talked to my Congressman's aid yesterday. They were going to check on things and phone me Monday about what the California transfers mean for further delays. Bottom line, I told him, I am desparate to have my loved ones here before the start of school in the fall!!

[YnaYeBa0808 0]

yep you see they are working hard.

yeah after all those weeks of "hardly working" ... it's about time!

[rlt 0]

Hey, guys.

I just dropped my fiancée off at the airport after 5 days together in Brazil.

Honestley, it must be some kind of punishment to be kept away from the one you love...

Anyways, I just spent 2 hours reading everything that has been going on and would like to add a few things since my mind is refreshed and I organized all the information and opinions I collected from you.

This draft is a huge thing. Not because of the expire date but because it shows they are indeed working on it.

As for the expiration date, some of the documents I got from the Consulate on P3 and P4 (before interview being cancelled) were expired up to 3 years ago..

One thing that I´d like to add is that there are no words whether the ones who submitted the form after March 6h will need to fill out this new I129F that is gonna come eventually.

It seems clear that there will be a new form, compliant to IMBRA for those who will fill out an application in the future. But to us, who either have the petitions being recalled or being held, we still don´t know what to do. Is it gonna be a new form, an online form, a questtionaire? No one can tell yet, but I think our answer will come soon.

I also read that someone here was told to check their status online, because USCIS would update it once they got it back. My application is back in Vermont for more then 10 days (I got this info from NVC who received it from my Consulate and fwd it to VSC) and it still says Approved in April.

So, the only new fact is that a draft came up.

Ok, a lawyer also gave us a lot of hope that USCIS will start working on our petitions again by this week.

I think that´s all.

Let´s hope this will be a happy week for all of us, and that we´ll hear from someone that USCIS made contact and requested for something.

That´s what we need.....

[rlt 0]

---

2 more things:

. If USCIS update their process dates this monday (they usually do that every two weeks), we will know if Vermont has stopped or not.

. Luis&Laura, I wanna be as optimistic as you are, but I don´t see a 30 days deadline for this problem to be solved.

I think there´s a chance it will be solved even before that, but there´s nothing saying it will be over in 30 days.

[GaryC 7]

Hey guys! I'm here in sunny Philippines having a LONG overdue great time with Luz. I just checked it to see what was up. I see 2 touches for me. It looks like others have been touched also. I am hoping that means they are doing something to get caught up. I also see that some peeps are saying something about biometrics? I hope not. The nearest office is 2 hours away for me. Oh well, we gotta do whatever they want and at this point I will do whatever it takes to get going. Cheers!!!!

[BlueSurf 0]

Gary, I am trying to think optimistically that all this will be old news by the time you return to the USA. A flurry of activity to start this month, but who knows how far it will carry us to the approval mark.