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Posted (edited)
It seems to me, that since the I-130 is a way around the whole IMBRA thing, they would either skip people that are already married and using I-129f, or decide to include I-130 in IMBRA along with I-129f.

Yes, trickyspark, one would think intelligent USCIS people would be discussing this issue as we speak. But they don't make the laws; they only carry them out. They're not asked to think things through, from every angle, and with all the ramifications. I believe they'll be quite literal, because that's their mandate: go after people who buy mail order brides through marriage brokers.

K3s got caught up in the mess because we use the same form as K1s. Why? Because USCIS never got around to making one for us. None of this makes any sense, which is why I'm inclined to believe it's the most likely explanation. It's the government, after all. Five dollars says K3s never get an RFE and neither do CR1s.

‘‘(4)(A) The Secretary of Homeland Security shall create a database

for the purpose of tracking multiple visa petitions filed for

fiance´(e)s and spouses under clauses (i) and (ii) of section

101(a)(15)(K).

clauses (i) and (ii) of 101(a)(15)(K) is both the fiance and spouse in regards to the filing of a petition for a K visa. Numerous mention of these clauses/section of the Immigration Act throughout the IMBRA. In actual fact fiance and spouse go hand in hand throughout the IMBRA.

CR-1's only seem to be affected when it comes to being issued the pamphlet

The K nonimmigrant visa application process and

the marriage-based immigration process, including conditional

residence and adjustment of status.

The I-129F petition itself also confirms that spouses filing the I-129F for a K-3 are an intended target also when it comes to the IMBRA

eg If you met your fiance or spouse through the services of an international marriage broker you must notify USCIS of that fact by answering Question 19 on this form.

That all in itself seems to say that it had nothing to do with K-3's being caught up just because they use the same form as K-1's. It was an intended legislation to include both.

I do hope that all those waiting on NBC hear something soon.

Edited by aussiewench

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Filed: K-3 Visa Country: India
Timeline
Posted

Moreso, even in the text of IMBRA RFE it is mentioned spouse/fiancee which means RFE should be sent out for K3s too. I hope that NBC starts moving again. How hard t is to send out an RFE ?

EAD

-----------

10-05-2006 : NOA1

10-23-2006 : fingerprinting

10-24-2006 : notice that case has moved to Vermont

I-130

--------

05-09-2006 : Mailed I-30 (husband and son)

05-11-2006 : I-130 Received by NSC

05-11-2006 : Receipt Date

05-26-2006 : Notice Date

06-01-2006 : Check cleared

06-02-2006 : Received NOA1 in mail

06-03-2006 : touched (must be payment posted...)

10-07-2006 : approved

129F / K3

--------

06-05-2006 : Mailed I-129F

06-09-2006 : NOA1

07-31-2006 : NOA2

08-10-2006 : NVC number assigned

08-11-2006 : sent to Consulate, India

08-14-2006 : packet 3 sent by embassy

08-28-2006 : pkt 4 collected from embassy

09-20-2006 : interview - approved!!!!

09-30-2006 : Honey I am home !

Posted

CLICK FILE, PRINT.

Aapki Nazroan Ne Samjha, Pyaar Ke Kabil Mujhe

Dil Ki Ai Dharkan Thaher Ja, Mil Gayee Manzil Mujhe

I-130 Process

01-29-2006 | Marriage

02-13-2006 | Mailed to NSC

02-27-2006 | NOA1

06-15-2006 | I-130 Approved

I-129F Process

03-08-2006 | Mailed to CHICAGO LOCKBOX

03-13-2006 | NOA1

07-31-2006 | I-129F Approved

09-01-2006 | K3 Interview, Visa Approved

09-14-2006 | Passport recieved from Consulate

01-23-2007 | POE at Chicago

AOS process

07-25-2007 | Mailed to CHICAGO LOCKBOX

08-30-2007 | NOA1

09-07-2007 | Biometrics Appointment

01-28-2008 | AOS interview-More evidence requested

02-07-2008 | AOS approved

02-19-2008 | Recieved Green Card in mail

Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted
CLICK FILE, PRINT.

LMBO!! :lol:

amen! :thumbs:

CR-1 Visa

I-130:

Feb 1-Filed & sent I-130

Feb 8-Received @ Nebraska

Feb 16-NOA1

May 1-NOA2

NVC:

May-30 Case # assigned

Jun-12 Received DS-3032 & I-864 AOS Fee Bill in mail

Jun-13 Mailed AOS Fee Bill MO to NVC

Jun-13 Emailed DS-3032 to NVC

Jun-14 AOS Fee Bill signed for & received by NVC

Jun-15 Email for DS-3032 received & accepted by NVC

Jun-29 IV Fee Bill arrived in mail

Jun-30 Mailed MO IV Fee Bill

Jul 1-IV Fee Bill next day received & signed

Jul 5-Received I-864 Form in mail

Jul 10-1st RFE received via email

Jul 13-2nd RFE arrived in mail

Jul 14-2nd RFE filed & returned

July 15-2nd RFE signed for & received by NVC

Aug 3-NOA 2 Approval via mail

Aug 14-Mailed I-864 to NVC

Aug 17-Mailed DS-230 to NVC

Sept 12-Case Complete!

Embassy:

Nov 1-Andrew rec pkt 4

Nov 6-Andrew has medical in London

Dec 8-Interview-denied with no option to waiver, and permanent ban.

Dec 10-Hired Immigration Attorney Laurel Scott

-Filed Appeal (MTR)

2007

-Embassy ignores us

-Contacting State Senator for help

Aug MTR granted!

Aug 16-Andrew rec I-601 waiver packet in mail!!

August 2009 Complete DENIAL!

10-29-10 Divorce complete!

Filed: K-3 Visa Country: India
Timeline
Posted

good one ! I talked to misinformation line and she told me that K3 will not be getting RFEs and when i asked why have the dates not moved since 1 month..she had no answer ...........Dang...........

EAD

-----------

10-05-2006 : NOA1

10-23-2006 : fingerprinting

10-24-2006 : notice that case has moved to Vermont

I-130

--------

05-09-2006 : Mailed I-30 (husband and son)

05-11-2006 : I-130 Received by NSC

05-11-2006 : Receipt Date

05-26-2006 : Notice Date

06-01-2006 : Check cleared

06-02-2006 : Received NOA1 in mail

06-03-2006 : touched (must be payment posted...)

10-07-2006 : approved

129F / K3

--------

06-05-2006 : Mailed I-129F

06-09-2006 : NOA1

07-31-2006 : NOA2

08-10-2006 : NVC number assigned

08-11-2006 : sent to Consulate, India

08-14-2006 : packet 3 sent by embassy

08-28-2006 : pkt 4 collected from embassy

09-20-2006 : interview - approved!!!!

09-30-2006 : Honey I am home !

Filed: AOS (pnd) Country: Canada
Timeline
Posted

aussiewench, I bow before your superior wisdom, your research, and your long-standing position as someone who actually knows and helps. But there's nothing in the legislation about when USCIS must have a functional database on finacees and spouses. In other words, there might be a phased approach. Perhaps current K3s will go through without an RFE, and the new I-129f will be the rollout that starts capturing information on new spousal petitions. I'd like to believe the long-suffering timesnap got "correct misinformation" and we won't be getting anything but a massive headache. We can dream, can't we?

I-130 sent Mar 30, 06

approved Aug 15, 06

I-129f sent April 24, 06

approved July 27, 06

Montreal interview Jan 18, 07

POE Toronto Jan 28, 07

EAD sent Jan. 30, 07

transferred to Vermont Feb 12

biometrics Feb 22

approved March 13

card returned undeliverable! March 27

called after 6 weeks to have EAD re-sent

AOS sent Jan. 30, 07

biometrics Feb 22

RFE for complete medical (!) Feb 23

Called Senator from NJ - never returned call

Infopass March 19 (no help)

Replied to RFE with duplicate medical March 19

Sent additional evidence (I-693A) March 26

NBC received supplement March 30

touched April 4

Interview July 16

Posted

yes :cry::thumbs::thumbs:

Aapki Nazroan Ne Samjha, Pyaar Ke Kabil Mujhe

Dil Ki Ai Dharkan Thaher Ja, Mil Gayee Manzil Mujhe

I-130 Process

01-29-2006 | Marriage

02-13-2006 | Mailed to NSC

02-27-2006 | NOA1

06-15-2006 | I-130 Approved

I-129F Process

03-08-2006 | Mailed to CHICAGO LOCKBOX

03-13-2006 | NOA1

07-31-2006 | I-129F Approved

09-01-2006 | K3 Interview, Visa Approved

09-14-2006 | Passport recieved from Consulate

01-23-2007 | POE at Chicago

AOS process

07-25-2007 | Mailed to CHICAGO LOCKBOX

08-30-2007 | NOA1

09-07-2007 | Biometrics Appointment

01-28-2008 | AOS interview-More evidence requested

02-07-2008 | AOS approved

02-19-2008 | Recieved Green Card in mail

Filed: K-3 Visa Country: Thailand
Timeline
Posted
CLICK FILE, PRINT.

The USCIS Centers are still conducting employee workshops to teach them how to "click" as they haven't actually had mice added to thier computer systems yet.

The term FILE caused a backlog in and of itself, because employees were 'filing' petitions with a 60 grit metal file until they recently learned it meant put it back in the folder (along with the TPS reports).

And PRINT: their only printer is still not working and therefore they had to put in a purchase order request for a new one. The PO for the new printer is now in congress for emergancy approval and they will vote on it next month to decide how to deploy the new printer (i.e., color or black and white). Approval of the new printer cable and printer paper is still under way.

\/

/\

K-3 Visa

Service Center : California Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-02-15

I-130 Sent : 2006-04-04

I-130 NOA1 : 2006-04-07

I-129F Sent : 2006-04-10

I-129F NOA1 : 2006-04-14

I-129F Updated : 2006-05-06

IMBRA RFE Generated : 2006-06-28

I-129F Updated : 2006-07-01

IMBRA RFE Rec'd : 2006-07-03

IMBRA RFE Returned : 2006-07-03

IMBRA RFE Rec'd @ MSC : 2006-07-06

2nd IMBRA RFE Rec'd : 2006-07-17

2nd IMBRA RFE Returned : 2006-07-17

2nd IMBRA RFE Rec'd @ MSC : 2006-07-20

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2006-07-25

NVC Received & Case # Assigned : 2006-07-31

NVC Left : 2006-08-02

Consulate Received : 2006-08-10

Packet 3 Received : 2006-08-05

Packet 3 Sent : 2006-08-15

Packet 4 Received : 2006-08-30

Interview Date : 2006-10-10

Visa Received : 2006-10-11

US Entry : 2006-10-13

I-130 Approval : 2006-07-31

Posted (edited)
aussiewench, I bow before your superior wisdom, your research, and your long-standing position as someone who actually knows and helps. But there's nothing in the legislation about when USCIS must have a functional database on finacees and spouses. In other words, there might be a phased approach. Perhaps current K3s will go through without an RFE, and the new I-129f will be the rollout that starts capturing information on new spousal petitions. I'd like to believe the long-suffering timesnap got "correct misinformation" and we won't be getting anything but a massive headache. We can dream, can't we?

oh gawd please dont use aussiewench and superior in same sentence......that is so not me. I just like this stuff for some ungodly reason and I do genuinely care.

I really do hope that this is not the case and that I am reading it all wrong.....I just cant see it Im afraid, especially as there is a hold up with NBC and the fact the processing date stalled 5 March.

Im the biggest dreamer there is walking this earth so I will try in future not to dampen others (F)

Edited by aussiewench

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Filed: K-3 Visa Country: South Africa
Timeline
Posted

I have long since accepted the fact that there isn't anything we can do but wait the allotted amount of time, place inquiries when we are able, fill out some paperwork and then wait some more. Becoming irritated with reality will not change it. IMO it is better to accept it, find peace within what is known and simply let things be.

I-129F Timeline

07-14-06-I-129F Sent

07-16-06-I-129F Arrived in Chicago

07-20-06-I-129F NOA 1

07-27-06-Touched

10-23-06-Touched

11-18-06-Touched

11-22-06-Touched

11-24-06-Approved

11-27-06-Touched

12-04-06-NVC Received

12-06-06-NVC Left

12-14-06-Arrived at Consulate

01-04-07-Packet 3 Received

01-05-07-Packet 3 Sent

01-10-07-Medical Examination

02-13-07-Interview in Johannesburg

Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted

CLICK FILE, PRINT.

The USCIS Centers are still conducting employee workshops to teach them how to "click" as they haven't actually had mice added to thier computer systems yet.

The term FILE caused a backlog in and of itself, because employees were 'filing' petitions with a 60 grit metal file until they recently learned it meant put it back in the folder (along with the TPS reports).

And PRINT: their only printer is still not working and therefore they had to put in a purchase order request for a new one. The PO for the new printer is now in congress for emergancy approval and they will vote on it next month to decide how to deploy the new printer (i.e., color or black and white). Approval of the new printer cable and printer paper is still under way.

LMBO! :lol:

CR-1 Visa

I-130:

Feb 1-Filed & sent I-130

Feb 8-Received @ Nebraska

Feb 16-NOA1

May 1-NOA2

NVC:

May-30 Case # assigned

Jun-12 Received DS-3032 & I-864 AOS Fee Bill in mail

Jun-13 Mailed AOS Fee Bill MO to NVC

Jun-13 Emailed DS-3032 to NVC

Jun-14 AOS Fee Bill signed for & received by NVC

Jun-15 Email for DS-3032 received & accepted by NVC

Jun-29 IV Fee Bill arrived in mail

Jun-30 Mailed MO IV Fee Bill

Jul 1-IV Fee Bill next day received & signed

Jul 5-Received I-864 Form in mail

Jul 10-1st RFE received via email

Jul 13-2nd RFE arrived in mail

Jul 14-2nd RFE filed & returned

July 15-2nd RFE signed for & received by NVC

Aug 3-NOA 2 Approval via mail

Aug 14-Mailed I-864 to NVC

Aug 17-Mailed DS-230 to NVC

Sept 12-Case Complete!

Embassy:

Nov 1-Andrew rec pkt 4

Nov 6-Andrew has medical in London

Dec 8-Interview-denied with no option to waiver, and permanent ban.

Dec 10-Hired Immigration Attorney Laurel Scott

-Filed Appeal (MTR)

2007

-Embassy ignores us

-Contacting State Senator for help

Aug MTR granted!

Aug 16-Andrew rec I-601 waiver packet in mail!!

August 2009 Complete DENIAL!

10-29-10 Divorce complete!

Posted

but what if the printer has to go through AOS since it will be coming from overseas.

Aapki Nazroan Ne Samjha, Pyaar Ke Kabil Mujhe

Dil Ki Ai Dharkan Thaher Ja, Mil Gayee Manzil Mujhe

I-130 Process

01-29-2006 | Marriage

02-13-2006 | Mailed to NSC

02-27-2006 | NOA1

06-15-2006 | I-130 Approved

I-129F Process

03-08-2006 | Mailed to CHICAGO LOCKBOX

03-13-2006 | NOA1

07-31-2006 | I-129F Approved

09-01-2006 | K3 Interview, Visa Approved

09-14-2006 | Passport recieved from Consulate

01-23-2007 | POE at Chicago

AOS process

07-25-2007 | Mailed to CHICAGO LOCKBOX

08-30-2007 | NOA1

09-07-2007 | Biometrics Appointment

01-28-2008 | AOS interview-More evidence requested

02-07-2008 | AOS approved

02-19-2008 | Recieved Green Card in mail

Posted
I have long since accepted the fact that there isn't anything we can do but wait the allotted amount of time, place inquiries when we are able, fill out some paperwork and then wait some more. Becoming irritated with reality will not change it. IMO it is better to accept it, find peace within what is known and simply let things be.

:thumbs:

Filed: K-3 Visa Country: Thailand
Timeline
Posted
but what if the printer has to go through AOS since it will be coming from overseas.

Doh! you're right...

also, the printer must wait for the new IMBRA RFE so it can answer if it was purchased through an online electronics broker and if it has ever been used to print naughty pictures...

two more months.

\/

/\

K-3 Visa

Service Center : California Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-02-15

I-130 Sent : 2006-04-04

I-130 NOA1 : 2006-04-07

I-129F Sent : 2006-04-10

I-129F NOA1 : 2006-04-14

I-129F Updated : 2006-05-06

IMBRA RFE Generated : 2006-06-28

I-129F Updated : 2006-07-01

IMBRA RFE Rec'd : 2006-07-03

IMBRA RFE Returned : 2006-07-03

IMBRA RFE Rec'd @ MSC : 2006-07-06

2nd IMBRA RFE Rec'd : 2006-07-17

2nd IMBRA RFE Returned : 2006-07-17

2nd IMBRA RFE Rec'd @ MSC : 2006-07-20

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2006-07-25

NVC Received & Case # Assigned : 2006-07-31

NVC Left : 2006-08-02

Consulate Received : 2006-08-10

Packet 3 Received : 2006-08-05

Packet 3 Sent : 2006-08-15

Packet 4 Received : 2006-08-30

Interview Date : 2006-10-10

Visa Received : 2006-10-11

US Entry : 2006-10-13

I-130 Approval : 2006-07-31

Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted

but what if the printer has to go through AOS since it will be coming from overseas.

Doh! you're right...

also, the printer must wait for the new IMBRA RFE so it can answer if it was purchased through an online electronics broker and if it has ever been used to print naughty pictures...

two more months.

:hehe:

...lol

CR-1 Visa

I-130:

Feb 1-Filed & sent I-130

Feb 8-Received @ Nebraska

Feb 16-NOA1

May 1-NOA2

NVC:

May-30 Case # assigned

Jun-12 Received DS-3032 & I-864 AOS Fee Bill in mail

Jun-13 Mailed AOS Fee Bill MO to NVC

Jun-13 Emailed DS-3032 to NVC

Jun-14 AOS Fee Bill signed for & received by NVC

Jun-15 Email for DS-3032 received & accepted by NVC

Jun-29 IV Fee Bill arrived in mail

Jun-30 Mailed MO IV Fee Bill

Jul 1-IV Fee Bill next day received & signed

Jul 5-Received I-864 Form in mail

Jul 10-1st RFE received via email

Jul 13-2nd RFE arrived in mail

Jul 14-2nd RFE filed & returned

July 15-2nd RFE signed for & received by NVC

Aug 3-NOA 2 Approval via mail

Aug 14-Mailed I-864 to NVC

Aug 17-Mailed DS-230 to NVC

Sept 12-Case Complete!

Embassy:

Nov 1-Andrew rec pkt 4

Nov 6-Andrew has medical in London

Dec 8-Interview-denied with no option to waiver, and permanent ban.

Dec 10-Hired Immigration Attorney Laurel Scott

-Filed Appeal (MTR)

2007

-Embassy ignores us

-Contacting State Senator for help

Aug MTR granted!

Aug 16-Andrew rec I-601 waiver packet in mail!!

August 2009 Complete DENIAL!

10-29-10 Divorce complete!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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