Lets collect some information about IMBRA effects

[pax 0]

The situation is sad, badly organized, and poorly executed. Maybe not total bull #######, but definitely burdensome, to say the least, for the people involved.

What is total bull ####### is the proposition that DHS had zero idea—none at all!—about the existence of the law prior to May 6. Shoot, the peons here at VJ knew about it long before then, so it must have been common knowledge, n'est-ce pas?

[zethris 0]

The situation is sad, badly organized, and poorly executed. Maybe not total bull #######, but definitely burdensome, to say the least, for the people involved.

What is total bull ####### is the proposition that DHS had zero idea—none at all!—about the existence of the law prior to May 6. Shoot, the peons here at VJ knew about it long before then, so it must have been common knowledge, n'est-ce pas?

Oh ok I gotcha, Yes you are right in that. There was buzz going around about the law being passed. But no one at the DHS knew the intricacies of it until it was too late. That is why the USCIS never heard about it until WAY after the March 6th deadline (May 6th two months later). If you figure a month or so processing (bureaucracy) time for the DHS to finally inform the USCIS, they probably "officially" knew about it back at the end of March beginning of April when someone from the compliance department called attention to the deadline of this new law.

Thus why the USCIS hasn't had even a draft of the new I-129F form until very recently.

That is the current findings from what they could gather while I was there.

[pax 0]

Well, that makes a bit more sense. Poor planning and even worse execution I can believe; total ignorance I can't.

[rlt 0]

Well, that makes a bit more sense. Poor planning and even worse execution I can believe; total ignorance I can't.

Please correct me if I´m wrong.

Even though it was their mistake, even if they didn´t pay attention to the new law, they still need to meet a deadline, right?

As it was posted in this thread a few days ago, an article of an immigration lawyer called Gary something said their deadline to release a new whatever would be close to June 6th.

Is that still up for you guys too?

[zethris 0]

Well, that makes a bit more sense. Poor planning and even worse execution I can believe; total ignorance I can't.

Definitely, one of the first things they told me was that a law of this magnitude is almost NEVER implemented so quickly like this after it's passed without generally at least a 6 month to 1 year grace period from it's effect, to avoid this exact type of thing. 2 months is no where near long enough due to the fact that it takes so long for the right hand to talk to the left with all of the standardized procedure, formal division of responsibility, hierarchy, and impersonal relationships that come from the way the system works.

I have come to find out through this entire journey I have been on even before submiting the I-129F, that a good 2 - 3 months average wait time throughout the visa process is not because of volume, but because of the inefficient bureaucracy that is involved. I liken the DMV example for it's intended purpose of the silly situation we are in to implement a law in such a short period of time, and not even inform those who would be doing the checking that there is checking now to be done to even get the forms ready.

I am ceartain that the USCIS, if they had known in a reasonable ammount of time, would have told us to put a hold on our applications, and to "go here for an updated application form" when one was ready. Now they are in the weed's and I'd say in a similar boat to ours trying to swallow this beast.

Well, that makes a bit more sense. Poor planning and even worse execution I can believe; total ignorance I can't.

Please correct me if I´m wrong.

Even though it was their mistake, even if they didn´t pay attention to the new law, they still need to meet a deadline, right?

As it was posted in this thread a few days ago, an article of an immigration lawyer called Gary something said their deadline to release a new whatever would be close to June 6th.

Is that still up for you guys too?

I think that was either speculation as to what "should" have happened, what hopefully will happen, or it's the deadline for the USCIS to have a new I-129F form ready. There is so much talk and noise going on right now it's hard to know the truth of it and what is fact, and what is just speculation, or hopefull plans to clean up this mess legaly by say; an extention to June 6th. I will leave that up to the professionals, should they decide to persue this, to decide after careful investigation.

Edited June 5, 2006 by zethris

[rlt 0]

Well, that makes a bit more sense. Poor planning and even worse execution I can believe; total ignorance I can't.

Definitely, one of the first things they told me was that a law of this magnitude is almost NEVER implemented so quickly like this after it's passed without generally at least a 6 month to 1 year grace period from it's effect, to avoid this exact type of thing. 2 months is no where near long enough due to the fact that it takes so long for the right hand to talk to the left with all of the standardized procedure, formal division of responsibility, hierarchy, and impersonal relationships that come from the way the system works.

I have come to find out through this entire journey I have been on even before submiting the I-129F, that a good 2 - 3 months average wait time throughout the visa process is not because of volume, but because of the inefficient bureaucracy that is involved. I liken the DMV example for it's intended purpose of the silly situation we are in to implement a law in such a short period of time, and not even inform those who would be doing the checking that there is checking now to be done to even get the forms ready.

I am ceartain that the USCIS, if they had known in a reasonable ammount of time, would have told us to put a hold on our applications, and to "go here for an updated application form" when one was ready. Now they are in the weed's and I'd say in a similar boat to ours trying to swallow this beast.

Agree.

But still, if they managed to put a new draft of the form is because they are in a hurry too.

And I don´t think that´s because they feel sorry for us who have been waiting for so long.

I think it´s because they have to.

So even with such short notice it sounds like they will be adjusting to the new law very soon.

[jen&darcy 0]

Ok this makes no sense. I just checked my status at USCIS and it says last updated April 29, 2006. Umm this morning it said June 3, 2006. What the #$($*&($ are they doing over there?

Now like 3 minutes later it says 6/3/2006. GRRRRRRRRRRRRRRRR!!!!!!!!!!

[Pete 0]

I have come to find out through this entire journey I have been on even before submiting the I-129F, that a good 2 - 3 months average wait time throughout the visa process is not because of volume, but because of the inefficient bureaucracy that is involved.

zethris you are sooo on target (and my new hero). If everyone on this forum chose to take action we could put some real pressure on those that can FIX the problems with USCIS management.

You hit the nail on the head- USCIS has proven to be as competent as FEMA was during the New Orleans hurricane! As we all know, USCIS and Dept of State insulate themselves from responsibility and the consequences of their poor management, and we suffer. There is no accountability! That is why the system is broken.

There is no excuse for a fiancee visa to take 9-12 months from application to issue. None.

The government always f's up whatever they touch, and as we continue to give up our freedoms (wiretapping, background checks, IMBRA) the worse it will get.

Class action law suit- bring it on! I want in!

Readers of this thread - If you have not contacted your Congressperson or Senator, you must do so today. Tell them this abuse of applicants and lack of accountability by USCIS is not acceptable.

Sheep to the back of the visa line.

[pax 0]

What, exactly, are y'all planning to sue for? Just out of curiosity.

[hockeygal 0]

yes, no suing please. It will just make the process longer...

[zethris 0]

What, exactly, are y'all planning to sue for? Just out of curiosity.

I am not at liberty to divulge that information due to possible pending litigation. But it wont be meant to delay things, or get rid of the new law. I wouldn't be persuing this if that was a possible outcome.

Edited June 5, 2006 by zethris

[pax 0]

Ah, I see.

Well, in that case, I'm not exactly sure what you're going to sue for; that is, what kind of damages you're going to claim and how you'd collect them. But I don't think you can sue the government simply because you're angry/annoyed/frustrated. Well, you probably can, but I don't know how much chance of success you'll have.

In a civil suit, as far as I know in my non-lawyerly ways, a plaintiff has to prove that the actions on the part of a defendant were either willful or sufficiently negligent, and that the damages caused are specific and quantifiable.

[meauxna 15]

Thus why the USCIS hasn't had even a draft of the new I-129F form until very recently.

That is the current findings from what they could gather while I was there.

Because the front line people at USCIS didn't know about it, you project that "no one" at USCIS or even DHS knew about it?

[Erol 0]

I contacted my Congressman's Office last week and faxed them my situation with regards to my visa application being pulled from the foreign consulate mid-May. I just contacted them today to see if they had any additional information. They informed me that they had contacted VSC and were notified that they are in conferences all week. Anybody else get a similar type of response?

[rlt 0]

Hang on.

Who is responsible for writing the new I129F form that is now out as a draft?

Is that USCIS?

I know OMB is the one to approve it, but who designed the new form to meet the new IMBRA request?

I contacted my Congressman's Office last week and faxed them my situation with regards to my visa application being pulled from the foreign consulate mid-May. I just contacted them today to see if they had any additional information. They informed me that they had contacted VSC and were notified that they are in conferences all week. Anybody else get a similar type of response?

Conferences? Conferences regarding ... ??