For NOOBS: Why processing is taking longer lately

[Sapsucker 0]

In trying to figure it out for myself, I figured if it helped others, good times. I did some digging tonight and found out some info on what is going on w/ USCIS--bottom line is that we still don't know "when" we'll be approved, only what may be causing the backlog these last few months. One thing I can truly say is that it would appear, based on my reading, that most people delays occur because they get Requests for Evidence (RFEs) where information is missing--the lesson, as always, check everything 47 times before you send it in. Also, waiting an extra day to clarify/research something on the boards appears to be well worth it in the long run. Anyway, from what I've read, here's some things that are causing problems with processing. (feel free to clarify...i'm new at all this)

(1) Centralization of processing at California Service Center--Texas and Nebraska now route their K1 processing through California, where they have more capacity (i.e. more processors). Whether this will improve processing times, I'm not sure, but I am certain there is/was probably an initial overload of the California Center that needs to be worked through. Why not VT as well? Who knows...

(2) Implementation of the (International Marriage Broker Regulation Act ) IMBRA Act -- In January, IMBRA was signed, aimed at protecting foreign nationals who enter into marriages with U.S. citizens through international marriage brokers. Essentially it provides that foreign nationals entering into marriage agreements with US citizens get information if their fiancee has a criminal background that may indicate a pattern of violent behavior. The law went into effect on March 6th. Thus, to ensure compliance with the law, for anybody filing for a K1 prior to the change in the K1 forms released on June 15th (which included the IMBRA language) must complete an "Request For Evidence" (aka RFE). As a result, essentially, the processing centers have to send out RFEs for all the applications that did not include the IMBRA language, and process the responses. This has resulted in a bottleneck, which is why the 'now processing' date has been 'stuck' in March for the past few weeks.

More Details on IMBRA

The provisions of IMBRA became effective sixty days after the date of enactment, or March 6, 2006. While USCIS was amending Form I-129F to reflect the new data collection requirements mandated by IMBRA and preparing to issue implementing field guidance, field offices were instructed to hold in abeyance all cases filed on or after that date. The succeeding paragraphs provide guidance on processing the held cases and new filings of Form I-129F.

A. Treatment of Pending Cases Filed on or after March 6, 2006

Adjudicators must prepare a request for additional evidence (RFE) on all cases filed after March 6, 2006, that were not filed using a version of Form I-129F pre-dating the May 23, 2006, version and that were not accompanied by a sworn statement by the petitioner to the IMBRA questions. The RFE should include the background IMBRA information and required additional questions, as well as request any additional documentation lacking from the initial submission. The RFE template is attached and is labeled “Supplement to Form I-129F.” Issuance of this RFE, which includes a request for any additional documentation lacking from the initial submission of the Form

2 RFEs issued prior to the effective date of this memorandum were not based on a review of the pending initial Form I-129F and supporting documentation. In such cases where an RFE was issued prior to the effective date of this memorandum, the Form I-129F should not be denied but a second RFE should be issued to address any deficiencies in the initial filing. A second RFE is not required for cases that were previously approved but reopened for issuance of the IMBRA RFE, where the petitioner fails to respond to the RFE or provide the required criminal history information.

I-129F or completion of missing items on the Form I-129F, applies to all cases currently pending which have not received the IMBRA RFE as of the effective date of this memorandum.2

When the RFE is returned, the adjudicator should review it to determine whether the petitioner has responded to all of the questions and submitted the requested additional information, including criminal history information, and an original signature in the attestation block. If the Form I-129F is not signed or is not complete (because all of the questions are not answered or because requested documentation is still missing), or if the petitioner fails to provide the requested information in response to the RFE, the adjudicator should deny the petition.

Adjudicators should review the Form I-129F for completeness, noting supporting documentation that is not present. At this stage, a second RFE may be required for missing items such as date of last meeting or the Form G-325A, Biographic Information.

If the application is approvable, the adjudicator should review CLAIMS mainframe for the number of previously filed I-129Fs. If the petitioner has filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within the two years prior to the filing of this petition, the petition may not be approved without a waiver. If this is the first petition the petitioner has filed, or the petitioner’s second approved petition (as long as the first was not approved in the two years immediately preceding this approval), the adjudicator may approve the petition assuming all other eligibility requirements are met. If not, a Notice of Intent to Deny (NOID) should be issued, detailing the waiver process.

B. Treatment of Forms I-129F approved after March 6, 2006

Cases that were approved in error after the effective date of IMBRA have been identified and returned to USCIS by the Department of State. For such cases, adjudicators should complete a Service Motion to Reopen and Reconsider. The adjudicator should then issue the same RFE described in section A above.

C. Treatment of Forms I-129F filed after approval of revised Form I-129F

The revised Form I-129F became available to the public on June 15, 2006. USCIS will continue to accept older versions of Form I-129F for 30 days following that date (i.e. if post-marked on or before July 15, 2006). The revised Form I-129F has an expiration date of December 31, 2006, and indicates that prior versions will not be accepted. Therefore, after July 15, 2006, all new filings made on older versions of Form I-129F must be rejected. Petitioners should be directed to the USCIS website or forms request line to obtain the new form.

(3) Changes to the Way Processing Times are Reported: In the last week of August, USCIS has changed their 'now processing' reporting so that it more accurately reflects reality. This has resulted in the 'now processing' dates to remain stagnant over the past few weeks (even backwards... :-(( ) as they have adjusted to the new reporting process. The result should be more predictable results (if you believe it...)

See: http://www.uscis.gov/graphics/publicaffair...mes082306PN.pdf

Also--if you want some really interesting reading, here's the GAO Report on improving processing times from Nov 2005: http://www.gao.gov/new.items/d0620.pdf

(4) Replacing Directors at the 4 Service Centers: At the end of August, USCIS appears to have announced they will be replacing the Directors of the procesing centers. I have no idea what this means at this stage, but it reinforces that there is a lot of changes going on at the present time. Hopefully it improves things quickly... (that's this week's dose of optimisim...)

(5) All Applications that arrive on Tuesdays get automatic RFEs OK, I made this last one up.

Anyway, that's enough for tonight. I need a drink. Any feedback would be great.

Thx, M

[michellek1976 0]

I'm sure the newbies will appreciate your time M.

IBMRA has been the main problem. It has caused total havoc with all applications from March onwards. But they appears to be working hard to clear the backlog now.

I think the new reporting practice just gives them a bit of breathing space. It means the petitioners and their concerned Congressmen cannot jump up and down until 6 months after filing. Vermont appears to be approving within a month for most cases and even California is starting to spit out approvals for June and July.

I like your theory about RFE Tuesdays. That could explain a lot!

[Teachers 12]

You forgot one point.

They only go to their mailbox once a week.

On Tuesday.

Tom

[michellek1976 0]

You forgot one point.

They only go to their mailbox once a week.

On Tuesday.

Tom

hahahah good point!