Visa Appointment Cancelled at the last minute :-(

[kitkat1 5]

Thanks for the info but our petition went in at the beginning of Jan? Also, I thought they did a criminal background check anyway?

Good to know we're not alone.

Well something is strange about your timeline. Normally you receive you NOA1 within 2 weeks of submitting. But at this point when you actually submitted doesn't matter. Your NOA1 date was after the law went into effect. The new law requires additional information to be provided and apparently this is different from a criminal background check. But we don't really know how they are going to request that information or when they are going to do it. They have not provided any information about this to petitioners - we only know about it because of people who have gone through the experience you are unfortunately now having.

[nearlythere 0]

IMBRA.....(http://usaimmigrationattorney.com/nucleus/index.php?itemid=2)

The new law is called the "International Marriage Broker Regulation Act of 2005". It requires all U.S. gentlemen who petition for a fiancee or spousal visa to provide more personal background information to Immigration Service and the State Department than ever before. It creates more restrictions in the process such as the number of fiancee or spousal petitions one can file, and how quickly a gentleman can file some visa petitions.

=========================

This doesn't seem to apply in my case...I'm male and my American Fiance is female??

[irishgirl73 0]

IMBRA.....(http://usaimmigrationattorney.com/nucleus/index.php?itemid=2)

The new law is called the "International Marriage Broker Regulation Act of 2005". It requires all U.S. gentlemen who petition for a fiancee or spousal visa to provide more personal background information to Immigration Service and the State Department than ever before. It creates more restrictions in the process such as the number of fiancee or spousal petitions one can file, and how quickly a gentleman can file some visa petitions.

=========================

This doesn't seem to apply in my case...I'm male and my American Fiance is female??

That is our scenario as well but that won't matter! The man from the NVC said it is really about fraud as well.

here is a post from someone else this morning(they applied LAST MARCH)

Hi

I was due for my fiance interview this thursday - June 15 - but got a phone call today (Mon) to ring the embassy.

They have now told me that mine and other cases have been sent back to the US for further processing and they don't know how long it will take. Just to keep checking back in every week.

We filed in March 05!! so this is all taking a looonnnnggg time.

Has this happened to anyone else?

Thanks

S

maybe it is b/c my noa2 is dated 3/7/06? I swore it was the noa1...............can someone please clarify?

thanks

[kitkat1 5]

IMBRA.....(http://usaimmigrationattorney.com/nucleus/index.php?itemid=2)

The new law is called the "International Marriage Broker Regulation Act of 2005". It requires all U.S. gentlemen who petition for a fiancee or spousal visa to provide more personal background information to Immigration Service and the State Department than ever before. It creates more restrictions in the process such as the number of fiancee or spousal petitions one can file, and how quickly a gentleman can file some visa petitions.

=========================

This doesn't seem to apply in my case...I'm male and my American Fiance is female??

Right, it doesn't SEEM to apply in your case but it does. Look, it boils down to this. Every single K1 petition with a NOA1 after March 6 is affected. Male, female, met through a marriage broker, didn't meet through a marriage broker. It even affects people who are already married simply because they also use this form to file for a spousal visa.

[Linababe 0]

Please fill in your timeline it is very very important in calculating the stats on this forum and to help answer any question accordingly.

Thank you

Lina (UKC)

[irishgirl73 0]

so any idea about our case???????

it must be a mistake-right??????? if they rec'd our petition 12/8 & I rec'd the noa1 on 12/14-how can they send us back to start all over?

[Billy 0]

so any idea about our case???????

it must be a mistake-right??????? if they rec'd our petition 12/8 & I rec'd the noa1 on 12/14-how can they send us back to start all over?

Iris

You are correct. It is the embassy mistake. Keep us posted when you call the embassy tomorrow.

Bill

so any idea about our case???????

it must be a mistake-right??????? if they rec'd our petition 12/8 & I rec'd the noa1 on 12/14-how can they send us back to start all over?

Iris

You are correct. It is the embassy mistake. Keep us posted when you call the embassy tomorrow.

Bill

Please read this.

June 10 2006

HOLD UP OF FIANCÉ(E) I-129F PETITIONS

by

Cyrus D. Mehta*

The International Marriage Broker Regulation (IMBRA) was signed by the President on January 5 of this year. A 60-day deadline of March 5, 2006 was established for the Department of Homeland Security to begin asking K-1 petitioners for their criminal background information specifically relating to domestic violence, sexual assault or child abuse. The DHS has not met the deadline for collecting the information. At the AILA-NY Chapter Meeting on June 5, 2006, Keith Canby, Adjudications Manager of the USCIS Vermont Service Center indicated that the VSC is currently holding all I-129F cases received on or after March 6, 2006. Mr. Canby indicated that these cases would be held until HQ issues guidance on how to proceed with respect to capturing information required by IMBRA.

The IMBRA, in summary, requires the petitioner to include a list of violent crimes, including assault and battery as well as crimes relating to substance or alcohol abuse. DHS will provide this information, as well as the results of a search of any other criminal convictions, to the foreign national beneficiary. The DOS is also prohibited from approving K visas if the petitioner has petitioned more than two K visas in the past, or less than two years have passed since the petitioner filed for a K visa and that visa was approved. The DHS may waive this bar, unless the petitioner has a history of violent crimes, and then the bar cannot be waived unless the DHS has determined that there are extraordinary circumstances, or the individual’s crimes were a result of domestic violence, the individual was not the primary perpetrator of the violence, and the crime did not result in serious bodily injury. All K visa beneficiaries will be provided a domestic violence pamphlet.

In the mean time, the VSC approved several cases in error even though they were filed on or after March 6, 2006. They were sent to the National Visa Center (NVC), which in turn dispatched the case to the consular post for the K-1 visa processing. On May 6, 2006, the DOS issued a cable (P 121528Z May 06) confirming that the cases approved in error will be returned to the NVC. Even cases with firm appointments at consular posts or those that have been treated as pending under Section 221(g) are to be delayed while the petition is returned for further information. The DOS cable indicates that 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.

The IMBRA does not impact petitioners who have filed I-129F petitions for a K-3 or spousal visa. Until the hold on fiancé(e) I-129F petitions is lifted, it may be quicker to file a Form I-130 petition to sponsor a foreign national spouse followed by a Form I-129F petition for a K-3 visa. Alternatively, the US citizen petitioner can file an I-130 petition and wait for the spouse to obtain an Immigrant Visa, which will convert to lawful permanent resident status upon the foreign national spouse’s admission into the United States. Of course, for this to happen, the US citizen sponsor would first need to marry the foreign national overseas. However, there now exist I-130 petition processing delays in excess of six months, and thus it would be advisable to file both the Form I-130 as well as the Form I-129F for a K-3 visa. Some posts allow US citizens to directly file I-130 petitions and this could speed up the processing of the spouse who could enter the United States as a lawful permanent resident (green card holder) rather than a K-3 visa.

--------------------------------------------------------------------------------

*Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, practices immigration law in New York City and is the managing member of Cyrus D. Mehta & Associates, P.L.L.C. He is the Chair of the Board of Trustees of the American Immigration Law Foundation and recipient of the 1997 Joseph Minsky Young Lawyers Award. He is also Secretary of the Association of the Bar of the City of New York and former Chair of the Committee on Immigration and Nationality Law of the same Association. He frequently lectures on various immigration subjects at legal seminars, workshops and universities and may be contacted in New York at 212-425-0555.

[irishgirl73 0]

Billy-

thanks for the post-I am going to ring them first thing in the morning. I will have an update tomorrow(hopefully a positive one). I should also mention that when I called the visa office in washington, they told me that we were not a part of IMBRA. I just worry that our file will be misplaced & we will be screwed all-together I can't believe how one agency doesn't know what the other is doing-it is crazy!

Thanks everyone for your posts!!!! you rock

[nearlythere 0]

I called the Dublin Embassy this morning. They said my interview was cancelled because of the IMBRA law. They also said they "think I will have an interview in the next week or two" and that they will contact me by phone to orgainse same.

So that's the only factual information I received.....read between the lines and draw your own conclusions.

[nearlythere 0]

Here's a bit more detail.....was tight for time earlier....

I called the Dublin Embassy this morning. I told them my understanding was that my petition was approved, I asked is this still the case given the interview was cancelled??...The lady asked me my name and then I was put on hold, when the lady came back she said..."i think you will have an interview in the next week or two"

I asked was the interview cancelled because of the IMBRA law....the lady said "yes".

I asked them will they write me a letter with the new interview date and the lady said they would call me.

So that's the only factual information I received.....read between the lines and draw your own conclusions.

[irishgirl73 0]

At least you got a response-it does appear from your noa dates that you would be affected by IMBRA. Our case on the other hand-should not be. I called & they told me to ring them back on Thurs(guess I will be getting up at 4:30 am). I also called USCIS(as I was told to do by NVC) the woman told me that IMBRA does NOT have anything to do with fiance visas-can you imagine?? I said "it specifically deals with K-1 visas" she was clueless. Very scary

she then told me if our petition was sent back in error-I would have to write a letter to VSC

I am going to call the embassy back on Thursday & see what happens. Our case shouldn't have been sent back for IMBRA & if it was I will make sure it is sent back(I will call all day everyday). I just think everyone should stay on top of their cases & make sure that even more mistakes aren't made. Good luck everyone!

[lashernyc1 0]

Hey nearlythere,

You have my sympathies- its frustrating, sad, and unfair. Don't worry though- keep the faith, and everything will work out ok....

[nearlythere 0]

At least you got a response-it does appear from your noa dates that you would be affected by IMBRA. Our case on the other hand-should not be. I called & they told me to ring them back on Thurs(guess I will be getting up at 4:30 am). I also called USCIS(as I was told to do by NVC) the woman told me that IMBRA does NOT have anything to do with fiance visas-can you imagine?? I said "it specifically deals with K-1 visas" she was clueless. Very scary

she then told me if our petition was sent back in error-I would have to write a letter to VSC

I am going to call the embassy back on Thursday & see what happens. Our case shouldn't have been sent back for IMBRA & if it was I will make sure it is sent back(I will call all day everyday). I just think everyone should stay on top of their cases & make sure that even more mistakes aren't made. Good luck everyone!

I think I quoted my NOA1 date incorrectly...it's the "receipt date" that is relevant??? In our case it's Jan 11th 2006. March 13th was the date the NOA1 was issued. I tried updating that "My Timeline" link but hadn't much success. Will try it again.

Best of luck, let us know how thursday goes.

[kitkat1 5]

I think I quoted my NOA1 date incorrectly...it's the "receipt date" that is relevant??? In our case it's Jan 11th 2006. March 13th was the date the NOA1 was issued. I tried updating that "My Timeline" link but hadn't much success. Will try it again.

Best of luck, let us know how thursday goes.

Something is still not right about your dates and in this case it's super important. You are saying your petition was received at the service center on Jan 11 and you did not receive a NOA in the mail until March 13? Two months for your NOA1?

If I remember correctly for IMBRA your NOA1 date needs to be before March 6 - someone please correct me if I am wrong.

And if it took them 2 months to send that to you, well something just doesn't sound right.

I think I quoted my NOA1 date incorrectly...it's the "receipt date" that is relevant??? In our case it's Jan 11th 2006. March 13th was the date the NOA1 was issued. I tried updating that "My Timeline" link but hadn't much success. Will try it again.

Best of luck, let us know how thursday goes.

Something is still not right about your dates and in this case it's super important. You are saying your petition was received at the service center on Jan 11 and you did not receive a NOA in the mail until March 13? Two months for your NOA1?

If I remember correctly for IMBRA your NOA1 date needs to be before March 6 - someone please correct me if I am wrong.

And if it took them 2 months to send that to you, well something just doesn't sound right.

Sorry - I meant to say to be affected by IMBRA your NOA1 date needs to be AFTER March 6 -- too late to edit!

[irishgirl73 0]

I think I quoted my NOA1 date incorrectly...it's the "receipt date" that is relevant??? In our case it's Jan 11th 2006. March 13th was the date the NOA1 was issued. I tried updating that "My Timeline" link but hadn't much success. Will try it again.

Best of luck, let us know how thursday goes.

Something is still not right about your dates and in this case it's super important. You are saying your petition was received at the service center on Jan 11 and you did not receive a NOA in the mail until March 13? Two months for your NOA1?

If I remember correctly for IMBRA your NOA1 date needs to be before March 6 - someone please correct me if I am wrong.

And if it took them 2 months to send that to you, well something just doesn't sound right.

I agree-something seems off about your dates. I think that the embassy in Dublin made a mistake by sending our petitions back here but we just need to keep on them about it. If I were you-I would call the NVC & see what athey say(they were very nice to me when I called). As I have said-I am getting different answers from everyone but I am going to keep on them about it. I have had enough of this waiting sh*t. A few weeks doesn't seem too bad-but if your petition was sent back in error-they have made a huge mistake.

If your case was rec'd in January then you wouldn't fall under this new IMBRA law-you should ring the embassy back & tell them that-or try NVC & see what they say about it(1-800-375-5283).

there seems to be some confusion about dates(from every gov't office) a guy at NVC told me that it was any petition not approved prior to Jan 06', but from what I have read-3/6 seems to be the start date. It is all very confusing & it doesn't help when the people who should know the info-do not