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Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

Hey, pacacuti,

Great idea to write our representatives. The squeaky wheel and all that. Would you be willing to copy me on your correspondence so I can use it as a boiler plate for my own letter?

Thank you for keeping us on the edge!

I think we have shown ad nauseam that this does NOT appear to be some seasonal or cyclical shift. Something much more significant is happening. Let me add some personal anecdotal evidence that goes along with the graphs BayAreaGuy posted. My NOA1 date is 11/30. Today marks day number 100 for me. In those 100 days, the graphs on Igor's list for CSC K1 processing are essentially the same as they were the day I got my NOA1. There has been no apparent progress in the 100 days that I have been sitting here. And there doesn't seem to be any indication that this will change any time soon.

The K1 visa was designed to unite families without having to undergo a long wait period. USCIS was mandated by law to fulfill that mission. They are failing at that mission. They provide no information about their processes nor about our specific cases. They are acting as if they are unaccountable. As if they are somehow above the law. This is why I will be writing my congress critters and the DHS ombudsman this weekend and I encourage everyone else to do the same. This is inexcusable.

Filed: K-1 Visa Country: Peru
Timeline
Posted

This is my first draft... please let me know what you think and offer tweaks before I send it off:

I am currently a petitioner for a K-1 fiance(e) visa. I am writing to express my displeasure with the process and the prioritization it is given. Before I begin, I must state that I realize that I am relatively new to the process (in the system as of November 30, 2012), but the complaints that I raise are valid for my case and even more so for those who applied before I did. My statements are not meant as an appeal for my particular case, but to shed light on a process that is flawed, and, in my opinion, a violation of federal law.

I am writing not only to you, a representative of the Department of Homeland Security, but am also sending copies to my congressional representation. I hope that my voice will be heard with this statement. If this is not the case, I will be pursuing my options in regards to garnering media attention to the matter. I am also considering the possibility of a class-action lawsuit against the United States Citizenship and Immigration Services, for a process that is inherently prejudicial to the families of United States citizens, not to mention in direct violation of federal statute.

When I originally petitioned for my fiancée to be able to apply for a visa under the K-1 non-immigrant visa program, I was informed that the process would require 5 months. This duration is already excessive, in my opinion, given the mandate the agency is under the Legal Immigration and Family Equity (LIFE) act. Here you can see USCIS’s own statement regarding this mandate:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD

I believe anyone would be hard-pressed to consider 5 months as not being a “long separation.” But things are much worse than this. Times are now typically much longer: 8, 9 and 10 months, not being unusual. To further exacerbate this inequity, the California Service Center has essentially not processed any cases (but a few tokens) since I initiated this process more than 100 days ago. They have been informing the public since December that they are stuck on July 18, 2012 applications. This delay is unacceptable, given the afore-mentioned mandate.

Further mistreatment is being inflicted on American citizens in the mere fact that USCIS is allowed to act in a completely unaccountable manner. They are the exact opposite of transparency. It is difficult, if not impossible to get any straight information about the process from USCIS. Getting information about your specific case is a hopeless endeavor. This is very disheartening for a lifelong supporter of an effective transparent government.

USCIS is making any number of vacuous excuses for this delay. They claim that there are an unusually high number of applicants; this is belied by the data they themselves publish which indicate that there are, in fact, a typical, if not lower, number of applicants. They may claim a lack of resources, but this is belied by a quick calculation of the fees assessed on applications. If we look solely at K-1 visas, we can see that at $340.00 an application, we can see even by USCIS’s own data that they take in 1000 applications a month, which shows that on that application type alone they take in $340,000 a month. Extrapolating this data to all other visa types, it is easy to see that the California Service Center itself should be flush with revenue. It cannot be said that this revenue is being directed to other sources, because USCIS is mandated to be self-funding. Thus, the only conclusion that I can draw is that this revenue is being mismanaged.

Each and every one of these “cases” that are being forced to endure inordinate durations of separation, are, in fact, people. People who are wanting to move on with their lives, which have been put on hold for this period of inactivity. To highlight this, let us look at my case as an anecdotal example. My fiancée and I have a son in common, who we have already registered with the consulate. Imagine what 100 days in the life of an infant represent. I have been forced to forego this significant development in his life due to the vagaries of USCIS and their “priorities.” Each case is something similar: soul-mates wh have found each other, families trying to reunite, parents trying to be with their children. And in each case, USCIS gives the appearance of indifference. Is this really the service that government should be providing to American citizens.

I believe that the American public would be appalled to see that this is the way that immigration processing is being conducted. They are not outraged now, only because they are not aware. I believe that most Americans would agree with me that immigration reform should begin with those visas that are designed for family reunification. I further believe that this is something that USCIS can do without any type of legislative or administrative mandate. That they choose not to do so baffles me.

I urge you to take action to rectify this situation. I hope to receive a prompt reply to my concerns. Depending on what type of reply I receive, I will continue to address my concerns with the media and the courts.

Filed: K-1 Visa Country: Peru
Timeline
Posted

Really great letter. I'm thinking about sending it to my representatives as well. Corrections: 1) Aforementioned doesn't need a dash, and 2) In paragraph 6, you're missing the 'o' in 'who' in 'soul-mates who have found...'.

Thanks for the corrections. Any others more than welcome :)

Filed: I-1 Visa Country: Afghanistan
Timeline
Posted

BTW, any and all my feel free to copy as necessary (you might need to change a few details). Consider this letter to be copyleft :P

Thank you so much from my side for raising a voice and supporting us all. And good luck with everything :)

Just Married

NOVEMBER 8, 2013

 
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