Time frame

[PanamaJack 1]

Yup - I'm saying that.

The 'application of stuff' to actually get it done seems to be sporadic, so far -

i.e. - everyone with a felony conviction has NOT been sent to an ASC for ADIT (biometrics/fingerprinting)

The information comes from reading IMBRA regs and the Adam Walsh Act.

re: 3rd quarter of last year - sorry, can't cite the source, exactly - but I did read it on ILW.com that 'that portion of the act, covering fingerprinting of convicted felons' was to be instituted starting the 3rd quarter of 2009.

If I have time this week to scour ILW.com and find it again, I'm happy to post the link. IIRC, it was a 'weekly review' from one of the attornies that post there.

FWIW, there IS another VJ member here that went through exactly the same thing.

If you feel incredulous by what I wrote - well, you should be, ya? It makes no sense to me, to make this 'extra step' for Biometrics on a US Citizen that has a felony conviction - is dead easy to match up prior fingerprint records WITH the USC's ssn.

Darnell,

Thanks for the reply..Now it's just another thing I have to worry about.. And yes it makes no sense whatsoever..

Edited February 15, 2010 by PanamaJack

[evli1966 88]

Hi all

Again thank you for the answers and support.

I made a Service Request but no infopass because from what I can tell by the choices given to me I do not qualify for an infopass appointment.

our Application was accepted May 29, 2008

I recieved I-797c on 6/6/09 - case status on USCIS website shows last updated 6/6/09

Submitted 1st Service Request on 12/7/10 - case status on USCIS website shows last updated - 12/8,12/9,12/11,12/12

Service Request response on 12/16/10 - Application is not outside normal Processing times - case status on USCIS website shows last updated 12/16/09

Service Request made on 2/17/10 - case status on USCIS website shows last updated - 2/19/10

Service Request response on 2/22/10

- A check of USCIS records indicates that this case is currently under extensive background check. You should receive a notice of action* within six months.

*A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, Notice of Intent to Deny or Notice of Intent to Revoke.

- case status on USCIS website shows last updated 2/22/10

I am not sure what to say ..with the Tech available they can verify with in days at most weeks that they have everything and verify its accuracy.

any responses appreciated.

Should we abondon the K-1 visa and then marry and apply for a k-3 visa?

I will at least travel and see Josephine at the end of March.

[az110965 252]

Evli,

Really sorry that you're still going through this. Without knowing the details of the past felony situation I can only imagine that something flagged during the initial background check and the biometrics were requested to confirm/rule out whatever flagged.

If your proiblem is Imbra related (IE: Domestiv violence, Kidnapping, etc..) I might suggest that it's time to abandon the K-1 and marry your fiancee in her home country then file for the CR-1 (it's been posted that the K-3 is now longer available after 2/1/10). Marrying your fiancee and filing CR-1 takes Imbra issues off the table and then the focus of the petiton is your bonafied relationship - not your past.

You've posted that you have an attorney - I'm wondering what sort of advice he/she has given to you? If all you've gotten from your retainer is "just be patient", then perhaps your attorney isn't earning whatever fees you've paid. If he's advised you that a waiver is a good route then that might be a good option - as most waivers can be approved/denied in a matter of several months (shorter time than it will take to abandon the K-1 and file for a CR-1).

Good luck,

Alan

[evli1966 88]

Alan

Wow that was refreshing advise and most likely the best I have recieved in a long time.

Thank you so much.

My attorney said my felony is not IMBRA related but he is also saying be patient and as of today he said if I decided to abandon the K-1 he would file the K-3 at no cost from him.

I need to ask him about the changes to the k-3

Correction he did not say k-3 exactly but used marriage visa.

Edited February 23, 2010 by evli1966

[SunDrop 59]

Changes are simple: it no longer exists.

You'd be filing for a CR-1 now.

[Yokota 0]

Do you know if they are applying this to everyone who ever had a felony conviction? Or just those that are abuse or drug related? On the application I did not marked when it asked if I was ever in trouble, because those conditions do not apply to me.

I got one count in my case from the feds back in 1994 for some white collar mischief. Hope this is not going to put my case into a indefinite black hole! What I did back then hopefully does not screw up my chance for marrying my fiancee.

Since my I129F NOA1 was Oct 2009, it would make sense for me to be in the same position as the other unlucky folks .. Let's get some more facts to get rid of this cloud of uncertainty and doubt.

Matt

[*julez* 124]

Since the OP has deeper issues than simply updating the group on progres, or lack thereof, I am moving this back to K1 Process & Procedures for more targeted responses. I don't want this to get lost in the shuffle of K1 updates.

[stet5811 0]

Yup - I'm saying that.

The 'application of stuff' to actually get it done seems to be sporadic, so far -

i.e. - everyone with a felony conviction has NOT been sent to an ASC for ADIT (biometrics/fingerprinting)

The information comes from reading IMBRA regs and the Adam Walsh Act.

re: 3rd quarter of last year - sorry, can't cite the source, exactly - but I did read it on ILW.com that 'that portion of the act, covering fingerprinting of convicted felons' was to be instituted starting the 3rd quarter of 2009.

If I have time this week to scour ILW.com and find it again, I'm happy to post the link. IIRC, it was a 'weekly review' from one of the attornies that post there.

FWIW, there IS another VJ member here that went through exactly the same thing.

If you feel incredulous by what I wrote - well, you should be, ya? It makes no sense to me, to make this 'extra step' for Biometrics on a US Citizen that has a felony conviction - is dead easy to match up prior fingerprint records WITH the USC's ssn.

If you mean all felony convictions that are covered under the Adam Walsh Act and/or Violent in nature then I can't comment, but if you mean ALL felony convictions then that is not true. I have a felony conviction for a white collar crime and I was approved today and never asked to give me fingerprints again to the USCIS.

[A and T 82]

Hi all

Again thank you for the answers and support.

I made a Service Request but no infopass because from what I can tell by the choices given to me I do not qualify for an infopass appointment.

our Application was accepted May 29, 2008

I recieved I-797c on 6/6/09 - case status on USCIS website shows last updated 6/6/09

Submitted 1st Service Request on 12/7/10 - case status on USCIS website shows last updated - 12/8,12/9,12/11,12/12

Service Request response on 12/16/10 - Application is not outside normal Processing times - case status on USCIS website shows last updated 12/16/09

Service Request made on 2/17/10 - case status on USCIS website shows last updated - 2/19/10

Service Request response on 2/22/10

- A check of USCIS records indicates that this case is currently under extensive background check. You should receive a notice of action* within six months.

*A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, Notice of Intent to Deny or Notice of Intent to Revoke.

- case status on USCIS website shows last updated 2/22/10

I am not sure what to say ..with the Tech available they can verify with in days at most weeks that they have everything and verify its accuracy.

any responses appreciated.

Should we abondon the K-1 visa and then marry and apply for a k-3 visa?

I will at least travel and see Josephine at the end of March.

its very intresting that my case was just touched on 2/19/10 and my service request response was

"A check of USCIS records indicates that this case is currently under extensive background check. You should receive a notice of action* within six months"

and I am under Adam Walsh