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

[Captain Ewok 1,891]

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

UNCLASSIFIED STATE 00077044

P 121528Z MAY 06

FM SECSTATE WASHDC

TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE PRIORITY

SUBJECT: FIANCÉ(E) I-129F PETITONS RECALLED BY DHS

1. Summary: The International Marriage Broker Regulation

(IMBRA) was signed by the President January 5th of this

year. A 60-day deadline, March 5, 2006, was established

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

their criminal background information. DHS did not meet

the deadline for collecting additional information. Some

petitions filed after the deadline were approved in error

under the old procedures and sent through the National

Visa Center (NVC) to posts for processing. Approximately

1100 cases went to 95 IV-issuing posts. Posts are

preparing to return these cases as quickly as possible to

NVC. End Summary.

2. While most K-1 cases under the new IMBRA requirements

were held at the service centers pending development of a

new form I-129F, some cases were processed after March 5

using the old forms and procedures and sent to posts for

processing. The DHS Service Center Operations (SCOPS)

Unit of USCIS, Status/Family Branch requested that posts

return to NVC all K1 I-129F petitions with priority dates

(date received at the DHS office) on or after March 6,

2006.

3. NVC was able to run a data base list of all petitions

meeting these criteria. We have notified those

posts that have received these cases and given them the

case numbers and further instructions. All cases on this

list, even those with firm appointments or in 221(g)

status, are to be delayed while the petition is returned

for further information. No cases in issued status will

be recalled. If posts have any question about the correct

priority date of the K1 case, they should use the priority

date (receipt date) written or stamped on the original

petition. DHS has not requested return of K3 or K4 I-129F

petitions.

4. The Department presently has no information about the

extent of delay for these cases. In the meantime DHS will

send additional questionnaires to the petitioners

inquiring about their possible criminal backgrounds. When

the petition is compliant with the IMBRA, it will be

returned to post from USCIS through NVC for processing.

5. The Department understands the additional workload of

this process and the public relations demands of

responding to disappointed petitioners and beneficiaries.

We recommend that questions be addressed directly to USCIS. The USCIS customer service number is: 800 375 5283.

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