Fiancé(e) I-129F Petitions Recalled by DHS

[rlt 0]

I think we are all assuming that these new questtionaires as they say, will be sent out as a RFE, because that´s what they are for... they need more evidences so we can all meet the new IMBRA law.

[Robin28 2]

Well geesh ... What a mess it seems they have made of things ! ** what a shock ** For us i'm glad that we havn't gotten an NOA2 yet ... and for those of you that have my heart goes out to you .. I do think though it's quite possible they have a plan of action considering the VSC posted new timelines this morning and the k1 cases are being processed with a date of March 6th .. when yesturday it said April 9th ... i thought @ first i hadn't had enough coffee ... but now it makes perfect sense !! Good luck to all .. lets hope they get it together

~ Robin ~

[aussiewench 9]

USCIS is quite apt at conducting background checks on USC petitioners through the various data bases they have available to them, without there being a seperate form to fill out.

USCIS conducts security name checks on petitioner, beneficiary and anyone else connected to a petition, even a lawyer for that matter if they so wish. What they do with that information, if any on the petitioner, now will change because of the IMBRA. Make sense?

Edited May 23, 2006 by aussiewench

[Ladylethal 12]

That´s what I am thinking as well, I think they´ll be doing these checks themselves, as opposed to sending new forms to the petitioner, unless they want an affidavit, sworn statement, although that doesn´t make much sense. Let´s hope all they´re doing is security checks on the petitioner.

[rlt 0]

I think it´s clear on their statement that they will send aditional forms or quetionaires to the petitioners.

[Ladylethal 12]

They might have said that, but why would they? Think about it, they say we (beneficiaries) don´t have to send them anything ´cus they run checks on us, we only need to supply certificates for our countries ´cus they don´t have jurisdiction over our police. But I am sure they can run the checks on the USC as they run on us.

[rlt 0]

It´s because of the new law.

I think they must include on the approved petition these police certificates from all petitioners.

And some of them won´t meet the new IMBRA law.

That´s the reason.

[TracyTN 237]

I'm confused by the statement on their site, too. My assumption was that the forms would not change, but the article from May 6th on USCIS' site reads differently.

Obviously the new forms would only be needed for those petitions that are sent out once they are available, but I'd still be curious to know when that will be.

[Taye500 0]

Hi Y'all,

I just spoke to someone at the immigration customer service at 1-800-375-5283 number. She was very nice and explained the process to me. She said that the current i-129f forms on the website is the only one in use and that there has not been any recalls of application from the consulates. She said the new law does not have any delay on the applications and that i should go ahead and send the application using the same i-129f on their website. She explained the process of the NOA1 and NOA2 to me. i spent close to 30 min. waiting though. I also called NVC b/4 they directed me to 1-800-375-5283. NVC does not know anything about the recalls either.

[Ladylethal 12]

Well, since there HAS been 1100 recalls stated by DHS themselves, NVC is once again passing wrong information.

[Razor 0]

Just a theory I am not an attorney

I don’t think uscis is allowed to disclose your criminal history (privacy law) .the petitioner disclosing his criminal history voluntarily is a way for them to bypass the privacy laws

[Ladylethal 12]

Geez, and they can disclose our (benificiary) criminal history?

[Dhaval 0]

Yep I called USCIS today. And the lady I spoke to had no idea what I was talking about mentioned the article on the government site, mentioned IMBRA, ...etc. Still had no idea of what I was talking about. And the only damn thing she said was "Can I help you with anything else?"---Damnit, like she helped me with the real problem....ahhh.

Timeline:

April 17th Approved USCIS electronically

Week of May 8th, recieved and sent packet 3

May 22nd - Recieved a message from the consulate "Your file has been forwarded to DHS for review"

May 23rd - called USCIS == they have no clue what is going on...

[Razor 0]

Geez, and they can disclose our (benificiary) criminal history?

I got this from USCIS

The Privacy Act, 5 U.S.C. § 552a, et al., limits the circumstances under which information contained within a record maintained by USCIS can be disclosed to any person. This includes information pertaining to a visa petitioner’s criminal history involving violence or sex offenses and the disclosure of such information to a potential beneficiary.

Subsection 552a(B)(8), however, permits the disclosure of such information “pursuant to a showing of compelling circumstances affecting the health and safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual.” In other words, information that may be contained in USCIS records may be disclosed to a potential visa beneficiary or his or her legal guardian under subsection (B)(8) of the Privacy Act if USCIS finds compelling circumstances that may affect the health and safety of the potential visa beneficiary. However, disclosure is limited only to those portions of the petitioner’s criminal history involving violence or sex offenses that are directly relevant to the “health and safety” of the potential beneficiary. Normally, for example, a conviction as a sexual predator should be considered a compelling circumstance affecting the health and safety of a child who would reside with the sexual predator.

Special procedures required for I-129F fiancée petitions under the International Marriage Broker Regulation Act (IMBRA) will be addressed in separate guidance. These procedures are not expected to apply to Forms I-600/600A, in which the adjudicator would consider directly a petitioner’s conviction in adjudicating the petition, rather than only disclosure to the beneficiary.

http://www.uscis.gov/graphics/lawsregs/han...crhst050306.pdf

[Pete 0]

I just sent a letter to my congressman, and contacted a local immigration attorney.

If you are "hoping" that this fiasco resolves itself, then you deserve any delay you get. Lose the hope and take action now. The only course of action at this point is for YOU, a USA citizen to contact your Congressmen and Senators and ask:

1. That an investigation be opened against USCIS and DHS on why fiance visa approval is backlogged so bad.

2. That all additional resources be immediately brought to bear in addressing the backlog, and that all existing applications receive expidited treatment.

Remember the hurricane Katrina government response fiasco? Remember "Brownie you're doing a heck of a job"? Anyone that chooses to not take effective action can expect more of the same. By not taking action you effectively approve the status quo!

To sit and wait and hope the system fixes itself in my opinion is an exercise in mental masturbation.

YOU must take action today- contact your Congressman and Senators, they hold the purse strings and can cause change. BUT only if they are motivated by your calls and letters!