What I sent back with IMBRA RFE

[John and Anna 0]

What I send back with IMBRA RFE.

After reading this

http://www.immigration.com/newsletter1/finpetnt.pdf

Details on the waiver process for those affected by the new limitation for filings of I-129Fs are also provided in the RFE. A new Form I-129F that incorporates these changes should become available later in June. In certain circumstances, USCIS may need to issue a second RFE to some petitioners later in the process if it is determined that other required information was not provided in the initial filing.

I decided to send this along with it:

Affidavit regarding Criminal History

I-129F Attachment to Part C. Other Information (IMBRA)

Receipt Number:

Being duly sworn I, , declare:

I am the Petitioner named above (). I am a citizen of the United States having been born in on. I live at.

I have NOT had any Federal, State, or local arrest or conviction for domestic violence, sexual assault, child abuse or neglect, dating violence, elder abuse, stalking, or an attempt to commit any of these crimes.

I have NOT had any Federal, State, or local arrest or conviction for homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, assault, battery, or an attempt to commit any of these crimes.

I have NOT had any Federal, State, or local arrest or conviction for solely, principally, or incidentally engaging in prostitution; a direct or indirect attempt to procure prostitutes or persons for the purpose of prostitution; or receiving, in whole or in part, of the proceeds of prostitution.

I have NOT had three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

I have NOT had any temporary or permanent civil protection order or restraining order issued against me.

I am a U.S. Citizen that has NOT filed for a K1 fiancée visa before.

_______________________

Subscribed and sworn to before me on June 24, 2006.

_______________________________________

Notary Public

My commission expires on___________________________

[abdcas 0]

What I send back with IMBRA RFE.

After reading this

http://www.immigration.com/newsletter1/finpetnt.pdf

Details on the waiver process for those affected by the new limitation for filings of I-129Fs are also provided in the RFE. A new Form I-129F that incorporates these changes should become available later in June. In certain circumstances, USCIS may need to issue a second RFE to some petitioners later in the process if it is determined that other required information was not provided in the initial filing.

I decided to send this along with it:

Affidavit regarding Criminal History

I-129F Attachment to Part C. Other Information (IMBRA)

Receipt Number:

Being duly sworn I, , declare:

I am the Petitioner named above (). I am a citizen of the United States having been born in on. I live at.

I have NOT had any Federal, State, or local arrest or conviction for domestic violence, sexual assault, child abuse or neglect, dating violence, elder abuse, stalking, or an attempt to commit any of these crimes.

I have NOT had any Federal, State, or local arrest or conviction for homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, assault, battery, or an attempt to commit any of these crimes.

I have NOT had any Federal, State, or local arrest or conviction for solely, principally, or incidentally engaging in prostitution; a direct or indirect attempt to procure prostitutes or persons for the purpose of prostitution; or receiving, in whole or in part, of the proceeds of prostitution.

I have NOT had three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

I have NOT had any temporary or permanent civil protection order or restraining order issued against me.

I am a U.S. Citizen that has NOT filed for a K1 fiancée visa before.

_______________________

Subscribed and sworn to before me on June 24, 2006.

_______________________________________

Notary Public

My commission expires on___________________________

This is an over kill since you are not subject to the 2 year limitation. Your action has just added additional 5 minutes or so processing time to your application at the expense of all us. Why is it so hard to follow direction.

[aussiewench 9]

This is an over kill since you are not subject to the 2 year limitation. Your action has just added additional 5 minutes or so processing time to your application at the expense of all us. Why is it so hard to follow direction.

You are on fire aye. How about you learn to be a little bit less rude and condescending That would be beneficial to all of us.

5 mins longer...now that would be a shame aye. If the OP wishes to to do what they have done they are within their rights to do so..Its their RFE and their petition

Edited June 24, 2006 by aussiewench

[John and Anna 0]

This is an over kill since you are not subject to the 2 year limitation. Your action has just added additional 5 minutes or so processing time to your application at the expense of all us. Why is it so hard to follow direction.

These questions:

[i have NOT had any Federal, State, or local arrest or conviction for solely, principally, or incidentally engaging in prostitution; a direct or indirect attempt to procure prostitutes or persons for the purpose of prostitution; or receiving, in whole or in part, of the proceeds of prostitution.]

[i have NOT had any temporary or permanent civil protection order or restraining order issued against me.]

are required in IMBRA and not asked on the REF. Considering that the REF was rushed...

I was trying to avoid :

In certain circumstances, USCIS may need to issue a second RFE to some petitioners

It could save me and maybe some others a month. Sorry I own you five minutes.

[zethris 0]

This is an over kill since you are not subject to the 2 year limitation. Your action has just added additional 5 minutes or so processing time to your application at the expense of all us. Why is it so hard to follow direction.

These questions:

[i have NOT had any Federal, State, or local arrest or conviction for solely, principally, or incidentally engaging in prostitution; a direct or indirect attempt to procure prostitutes or persons for the purpose of prostitution; or receiving, in whole or in part, of the proceeds of prostitution.]

[i have NOT had any temporary or permanent civil protection order or restraining order issued against me.]

are required in IMBRA and not asked on the REF. Considering that the REF was rushed...

I was trying to avoid :

In certain circumstances, USCIS may need to issue a second RFE to some petitioners

It could save me and maybe some others a month. Sorry I own you five minutes.

I think it was actually well written, and I will throw away the one I was making and use yours instead. I am not going to take any chances either. My loved one is too important. Even if that means it will add a little more time to the processing while someone is looking at it for an extra minute or two (wow, talk about splitting hairs) it could save weeks or months by preventing a second RFE. More evidence is good evidence when it comes to the USCIS. My petition weighed over 4lbs with all the information I included with it and I think thats part of how I got mine through to NOA2 so fast and would have had an Aug 23rd interview date had IMBRA not come around. Either that, or they were tired of lugging around a 4lb petition and they just wanted to get rid of it. Hmmm... maybe THATS the secret! Aha!

Edited June 24, 2006 by zethris

[abdcas 0]

This is an over kill since you are not subject to the 2 year limitation. Your action has just added additional 5 minutes or so processing time to your application at the expense of all us. Why is it so hard to follow direction.

You are on fire aye. How about you learn to be a little bit less rude and condescending That would be beneficial to all of us.

5 mins longer...now that would be a shame aye. If the OP wishes to to do what they have done they are within their rights to do so..Its their RFE and their petition

I did not mean to be condescending but please read the "Reporting Burden" below which is part of the instruction on the I-129F.

He swore to an “arrest and conviction” that was no way requested in the form. How about the things he must have done but was not arrested because the police did not see him do them or someone did not report him. He should have sworn to those too. Where does it end? I am just saying that we should keep it real. We have already given these guys too much information in my view, why give them more voluntarily.

21. What Is the Reporting Burden?

Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

We try to create forms and instructions that are accurate, can be easily understood and that impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex. The estimated time to file this petition is 1 hour, 30minutes per petition.

If you have any comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the U.S. Citizenship and Immigration Services, Regulatory Management Division, 111Massachusetts Avenue, N.W., Washington, D.C. 20529,Re: OMB No. 1615-0001. Do not mail your completed application to this Washington, D.C. address.

[aussiewench 9]

In certain circumstances, USCIS may need to issue a second RFE to some petitioners

Just keep in mind that it wont necessary stop a second RFE once they begin the actual processing of the petition if it is found that the petition is not complete in other areas or there is documents missing etc, or they require further evidence of having met in person within the required two year period. This is something that could happen even pre IMBRA. The intitial RFE is only to bring the I-129F into compliance with the IMBRA, for no other reason.

All the best to you.

Lorelle

[Nessa 23]

Well written!

[joseph22 0]

In certain circumstances, USCIS may need to issue a second RFE to some petitioners

Just keep in mind that it wont necessary stop a second RFE once they begin the actual processing of the petition if it is found that the petition is not complete in other areas or there is documents missing etc, or they require further evidence of having met in person within the required two year period. This is something that could happen even pre IMBRA. The intitial RFE is only to bring the I-129F into compliance with the IMBRA, for no other reason.

Yes, I read this to mean bascially that just because you KNOW you'll be getting an RFE for IMBRA, does not mean its the last you'll get, as they havent necessarily covered the rest of your petition for all required documents and fields. I read it to basically say that this RFE stands independently of the general RFE process, and to not make an assumption that your petition is finished after its return.

Although I do definately think its each and every petitioner's right to include anything they like/feel/want is important to their case, I personally will not go beyond the initial fullfillment of the RFE as God knows they are wanting to undo this backlog, and frankly wont care. I'm going to have to assume they want my March NOA'd papers out of there, and not give any extra reasons for looking at it!

[John and Anna 0]

In certain circumstances, USCIS may need to issue a second RFE to some petitioners

Just keep in mind that it wont necessary stop a second RFE once they begin the actual processing of the petition if it is found that the petition is not complete in other areas or there is documents missing etc, or they require further evidence of having met in person within the required two year period. This is something that could happen even pre IMBRA. The intitial RFE is only to bring the I-129F into compliance with the IMBRA, for no other reason.

Yes, I read this to mean bascially that just because you KNOW you'll be getting an RFE for IMBRA, does not mean its the last you'll get, as they havent necessarily covered the rest of your petition for all required documents and fields. I read it to basically say that this RFE stands independently of the general RFE process, and to not make an assumption that your petition is finished after its return.

Although I do definately think its each and every petitioner's right to include anything they like/feel/want is important to their case, I personally will not go beyond the initial fullfillment of the RFE as God knows they are wanting to undo this backlog, and frankly wont care. I'm going to have to assume they want my March NOA'd papers out of there, and not give any extra reasons for looking at it!

Bottom line guys, “In my opinion” (wow I opened myself up there)

After reading the IMBRA law and the RFE and

http://www.immigration.com/newsletter1/finpetnt.pdf

I (and an attorney) came to the conclusion that the RFE did not cover the IMBRA law.

Especially regarding protection orders or restraining orders as they are not arrests or convictions and these questions were not even asked.

[i have NOT had any Federal, State, or local arrest or conviction for solely, principally, or incidentally engaging in prostitution; a direct or indirect attempt to procure prostitutes or persons for the purpose of prostitution; or receiving, in whole or in part, of the proceeds of prostitution.]

[i have NOT had any temporary or permanent civil protection order or restraining order issued against me.]

It did cover question 1 with a yes or no so I was not redundant about that. To avoid another RFE regarding the IMBRA law I added my affidavit to cover it. Too much? Not following the rules? I followed the rules and filled out a form and I am a month behind. Doting I’s and crossing t’s. 5 minutes.

Makes me not wish to post to the forum again. Should I just keep ideas to myself?

[Ladylethal 12]

I see absolutely nothing wrong with filing an affidavit with the form, even though I believe the form alone works as an affidavit since you sign below that you haven´t committed any of those crimes.

The worse it can happen is them dumping your affidavit into the trash. In my opinion it was a fair and good move.

[Bunnyqr 0]

Ohhhhh, don't worry. What you had done is fine. It's your application and if you want to feel 100% clear on what you state, so be it. Wishing you much luck on your visa journey!

[abdcas 0]

In certain circumstances, USCIS may need to issue a second RFE to some petitioners

Just keep in mind that it wont necessary stop a second RFE once they begin the actual processing of the petition if it is found that the petition is not complete in other areas or there is documents missing etc, or they require further evidence of having met in person within the required two year period. This is something that could happen even pre IMBRA. The intitial RFE is only to bring the I-129F into compliance with the IMBRA, for no other reason.

Yes, I read this to mean bascially that just because you KNOW you'll be getting an RFE for IMBRA, does not mean its the last you'll get, as they havent necessarily covered the rest of your petition for all required documents and fields. I read it to basically say that this RFE stands independently of the general RFE process, and to not make an assumption that your petition is finished after its return.

Although I do definately think its each and every petitioner's right to include anything they like/feel/want is important to their case, I personally will not go beyond the initial fullfillment of the RFE as God knows they are wanting to undo this backlog, and frankly wont care. I'm going to have to assume they want my March NOA'd papers out of there, and not give any extra reasons for looking at it!

Bottom line guys, “In my opinion” (wow I opened myself up there)

After reading the IMBRA law and the RFE and

http://www.immigration.com/newsletter1/finpetnt.pdf

I (and an attorney) came to the conclusion that the RFE did not cover the IMBRA law.

Especially regarding protection orders or restraining orders as they are not arrests or convictions and these questions were not even asked.

[i have NOT had any Federal, State, or local arrest or conviction for solely, principally, or incidentally engaging in prostitution; a direct or indirect attempt to procure prostitutes or persons for the purpose of prostitution; or receiving, in whole or in part, of the proceeds of prostitution.]

[i have NOT had any temporary or permanent civil protection order or restraining order issued against me.]

It did cover question 1 with a yes or no so I was not redundant about that. To avoid another RFE regarding the IMBRA law I added my affidavit to cover it. Too much? Not following the rules? I followed the rules and filled out a form and I am a month behind. Doting I’s and crossing t’s. 5 minutes.

Makes me not wish to post to the forum again. Should I just keep ideas to myself?

I think you and your lawyer are misinterpreting the law. It is easier to just give them what they asked for. For example, the section dealing with arrests, temporary order etc., apply to the International Marriage Broker only not to you and I. See section 833(d) (B)of the law. http://usaimmigrationattorney.com/images/IMBRA2005.pdf

[Ivanovo 0]

What I send back with IMBRA RFE.

After reading this

http://www.immigration.com/newsletter1/finpetnt.pdf

Details on the waiver process for those affected by the new limitation for filings of I-129Fs are also provided in the RFE. A new Form I-129F that incorporates these changes should become available later in June. In certain circumstances, USCIS may need to issue a second RFE to some petitioners later in the process if it is determined that other required information was not provided in the initial filing.

I decided to send this along with it:

Affidavit regarding Criminal History

I-129F Attachment to Part C. Other Information (IMBRA)

Receipt Number:

Being duly sworn I, , declare:

I am the Petitioner named above (). I am a citizen of the United States having been born in on. I live at.

I have NOT had any Federal, State, or local arrest or conviction for domestic violence, sexual assault, child abuse or neglect, dating violence, elder abuse, stalking, or an attempt to commit any of these crimes.

I have NOT had any Federal, State, or local arrest or conviction for homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, assault, battery, or an attempt to commit any of these crimes.

I have NOT had any Federal, State, or local arrest or conviction for solely, principally, or incidentally engaging in prostitution; a direct or indirect attempt to procure prostitutes or persons for the purpose of prostitution; or receiving, in whole or in part, of the proceeds of prostitution.

I have NOT had three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

I have NOT had any temporary or permanent civil protection order or restraining order issued against me.

I am a U.S. Citizen that has NOT filed for a K1 fiancée visa before.

_______________________

Subscribed and sworn to before me on June 24, 2006.

_______________________________________

Notary Public

My commission expires on___________________________

This is an over kill since you are not subject to the 2 year limitation. Your action has just added additional 5 minutes or so processing time to your application at the expense of all us. Why is it so hard to follow direction.

Highlighted reply comes across as back-biting and snippiness.

Hope you all get your RFE soon.

[John and Anna 0]

This is an over kill since you are not subject to the 2 year limitation. Your action has just added additional 5 minutes or so processing time to your application at the expense of all us. Why is it so hard to follow direction.

You are on fire aye. How about you learn to be a little bit less rude and condescending That would be beneficial to all of us.

5 mins longer...now that would be a shame aye. If the OP wishes to to do what they have done they are within their rights to do so..Its their RFE and their petition

I did not mean to be condescending but please read the "Reporting Burden" below which is part of the instruction on the I-129F.

He swore to an “arrest and conviction” that was no way requested in the form. How about the things he must have done but was not arrested because the police did not see him do them or someone did not report him. He should have sworn to those too. Where does it end? I am just saying that we should keep it real. We have already given these guys too much information in my view, why give them more voluntarily.

21. What Is the Reporting Burden?

Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

We try to create forms and instructions that are accurate, can be easily understood and that impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex. The estimated time to file this petition is 1 hour, 30minutes per petition.

If you have any comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the U.S. Citizenship and Immigration Services, Regulatory Management Division, 111Massachusetts Avenue, N.W., Washington, D.C. 20529,Re: OMB No. 1615-0001. Do not mail your completed application to this Washington, D.C. address.

BTW I guess it helped - see timeline

good luck to you!