I sent my petition on April Fool's Day

[lordtiberius 0]

Well Hopefully we will all have our NAO1 and know where our files are sent. I keep hearing Dori the fish singing in my head, "Just keep swimming, Just keep swimming" I think Finding nemo has been played one too many times in my house.

I called my Senators Jeff Flake and John McCain. I left a message for them to call me. I also called my Congressman Raul Grijalva and they are sending me a consent form to do a Congressional Inquiry form. What is happening is that the de facto Visa Program for the "Dreamers" children brought to America illegally by their illegal alien parents are pushing our wait times from 5 months to 10 months.

http://www.nilc.org/FAQdeferredactionyouth.html

The forms the dreamers are filling out are the same ones we are filing out at the same agency who employ the same people some of whom were tasked to help us and are now tasked to help them. Who sets the priority? What is the priority? How much work is the USCIS doing to help them over us? This is unacceptable. You sent your petition 6 days ago. You should have received an electronic notification and you should have received your first NOA1 on the 1st or 2nd of this year.

[His karma 20]

You sent your petition 6 days ago. You should have received an electronic notification and you should have received your first NOA1 on the 1st or 2nd of this year.

Actually we have confirmation that they received it on the second. So it has only been three days since they got it. I am not about to start squawking to senators when others have been waiting 8/9 months and are still waiting. Once I get to the 6 month point yes I will be following up. I am all for making noise when it is required, but to start complaining when they have only just received my file? Not my style.

[lordtiberius 0]

From: "Do_Not_Reply_Lockbox@dhs.gov" <Do_Not_Reply_Lockbox@dhs.gov>

To: XXXXXX@YAHOO.COM

Sent: Monday, April 8, 2013 12:49 PM

Subject: USCIS Acceptance Confirmation

Your case has been accepted and routed to the USCIS California Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number WACXXXXXXXXXX. With the official Receipt Notice (Form I-797) you may visit www.uscis.gov where you can check the status of your case using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status.

This confirmation provides notification of the date USCIS received your case. This notice does NOT grant any immigration status or benefit. You MAY NOT present this notice as evidence that you have been granted any immigration status or benefit. Further, this notice does NOT constitute evidence that your case remains pending with USCIS. The current status of your case must be verified with USCIS.

PLEASE DO NOT REPLY TO THIS MESSAGE

finally

Edited April 10, 2013 by Kathryn41
receipt number removed for personal security reasons

[lordtiberius 0]

Lost amidst coverage of recent immigration reform proposals was a ruling issued last Friday in Kris Kobach’s legal crusade against the Deferred Action for Childhood Arrivals (DACA) program. The lawsuit, filed last summer in a federal court in Dallas, alleges the program violates an obscure provision of the immigration laws that supposedly prohibits immigrants who entered the country unlawfully from receiving deferred action. Although the ruling in question allowed the case to move forward, the presiding judge rejected the vast majority of Kobach’s arguments and left the suit hanging by a thin legal thread.

Even by “winning” the lawsuit, the only thing Kobach would accomplish would be allowing ICE agents to issue pieces of paper of little practical significance.

Filed on behalf of numerous ICE agents and the state of Mississippi, the lawsuit—Crane v. Napolitano—is based on a novel interpretation of the immigration laws that has not been followed by any prior administration. According to Kobach, changes made to the immigration laws in 1996 now require ICE officers to initiate removal proceedings against any immigrant they encounter who has never been “admitted” to the United States. Under this theory, ICE agents are forced to violate the immigration laws any time they release a suspected violator who is eligible for relief under the DACA program.

Without addressing the merits of Kobach’s argument, Friday’s ruling dismissed the majority of his claims because the plaintiffs lacked “standing” to bring suit in the first place. Judge Reed O’Connor rejected Kobach’s principal contention that ICE agents could sue because implementing the program would (allegedly) require them to violate their oaths of office. The judge also ruled that ICE agents could not challenge the issuance of work permits by U.S. Citizenship and Immigration Services (USCIS), an entirely separate agency. And Judge O’Connor found that any indirect fiscal costs that Mississippi might incur due to the DACA program were purely speculative.

Yet despite dismissing most of Kobach’s arguments, the judge unfortunately agreed on one point: that the agents had standing to challenge the DACA program because they faced disciplinary action if they followed their understanding of the law and disregarded their superiors’ instructions. By analogy, Judge O’Connor noted that people whose lives are affected by new legislation may challenge its validity without facing an actual criminal prosecution. Assuming for the sake of argument that Kobach’s legal theory was correct, the judge found the threat of disciplinary action was sufficiently probable to let the agents challenge DACA’s legality.

By treating ICE agents like ordinary citizens, however, Judge O’Connor overlooked an important facet of our legal system: the judiciary is not designed to resolve disputes entirely within other branches of government. For example, federal employees who think their superiors’ instructions are unlawful are free to file a grievance or resign in protest, but they cannot sue them in federal court. Indeed, if courts had jurisdiction over such claims, executive employees could—quite literally—turn any legal disagreement with their superiors into a federal lawsuit, a result that would bring both branches of government to a standstill.

Notwithstanding this aspect of Judge O’Connor’s ruling, the odds Kobach will prevail remain small. To begin with, the judge could still find the agents should have first raised an internal grievance under their collective bargaining agreement. Alternatively, the judge could reject the plaintiffs’ underlying legal argument, i.e., that federal law requires them to initiate removal proceedings against immigrant who entered the country unlawfully. Indeed, as renowned immigration expert David Martin explained in a recent article, Kobach’s claim is based on a fundamental misreading of the Immigration and Nationality Act (INA).

Regardless of the outcome of the case, both the DACA program and those who receive deferred action under it are unlikely to be affected. Based on Friday’s ruling, the most Kobach could hope to accomplish is an order allowing ICE agents to formally initiate removal proceedings against DREAMers they happen to encounter. But once placed into proceedings, qualified applicants could still seek and obtain deferred action from USCIS. Thus, even by “winning” the lawsuit, the only thing Kobach would accomplish would be allowing ICE agents to issue pieces of paper of little practical significance.

http://immigrationimpact.com/2013/01/30/federal-judge-leaves-anti-daca-lawsuit-hanging-by-a-thread/#comment-95564

The President creates a new VISA without Congress and the protest against it hangs by a thread?

http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/DACA/DACA%20Monthly%20Report%20AVer%20II%20PDF.pdf

These are just the stats from the California Service Center:

Top 10 Countries of Origin

Mexico

290,019

El Salvador

16,824

Honduras

10,882

Top 10 States of Residence

California

110,230

Texas

63,455

New York

23,389

The President's new visa sans Congress is affecting those of us seeking legal immigration! For more information on how to join this lawsuit email: info@kriskobach.com

[lordtiberius 0]

ICE deportation agents testify in federal hearing on initiative to suspend deportations

By DIANNE SOLIS

dsolis@dallasnews.com

8:23 pm on April 8, 2013 |

A federal judge is expected to rule within a few weeks or even days on whether Congress has the primary right to amend deportation processes that create benefits for young immigrants, after a hearing Monday in a Dallas district court.

http://thescoopblog.dallasnews.com/2013/04/ice-deportation-agents-testify-in-federal-hearing-on-initiative-to-suspend-deportations.html/

“Do you agree with me, when it comes to immigration, Congress’s power is at its zenith?” O’Connor asked the U.S. government attorney.

“I would not agree it is at its height,” responded Justice Department attorney Adam D. Kirschner.

The arrogance of these people . . .

[Darnell 8,479]

finally

Congratulations !

Happy April Fools Day !

[lordtiberius 0]

I got my NOA1 dated April 5th on Saturday. Now what?

[lordtiberius 0]

I got NOA1 dated April 5, 2013 on Saturday April 13th, now what?

I went to a couple of sites to get answer to my question. This is what I come up with:

http://www.visajourney.com/content/k1flow

Start gathering documents needed by Beneficiary (Fiance)

Beneficiary can research and prepare forms required by embassy

So in the meantime, wait for any requests for evidence, if no requests for evidence then wait for NOA2?

http://travel.state.gov/visa/immigrants/types/types_2994.html

http://www.visajourney.com/content/k1guide

http://travel.state.gov/visa/forms/forms_1342.html

This site says she has to have a DS 157 and DS 158 completed. She will get her police certificate of no criminal record on the 4th of May. Afterward, she will get her medical exam sometime in May or June. According to the Visa Journey website we anticipate getting our NOA2 from the CSC toward the end of October. (October 29th)

Thinking all this is way too easy. I went digging a little further and found this:

http://www.visajourney.com/content/k1guide

could be longer 10 weeks for the interview

http://ukraine.usembassy.gov/fiancee.html

When your petition is approved, USCIS will notify you and will send the approved petition to the Department of State's National Visa Center (NVC) in Portsmouth, NH, for further processing. The NVC performs all initial procedures, after which the completed petition is sent to the appropriate office overseas. NVC will send a courtesy notification letter to the petitioner advising him or her that the petition has been received and that it will be sent to Embassy Kyiv.

It takes approximately two to four weeks for the actual approved petition and its supporting documentation to reach the Consular Section in Kyiv. We can only start processing your case (that is, notify the applicant to schedule a visa appointment), once we receive the actual approved petition. Be assured that once we have received your approved petition, we will contact your fiancé (e) regarding preparations for the formal visa interview.

http://ukraine.usembassy.gov/fiancee-step2.html

Your fiancée will fill out a Nonimmigrant Visa Application DS-156 in duplicate and a copy of Part I of Application for Immigrant Visa and Alien Registration form DS-230, as well as one copy of DS-156K form. Each dependent child also needs Nonimmigrant Visa Application DS-156 in duplicate and a copy of the DS-230 form (Part I).

Documents in English, Ukrainian or Russian do not need to be translated or photocopied. A certified translation into English is required only if the original document is done in a language other than English, Ukrainian or Russian. The Consular Officer may request a certified translation of any document into English.

Your fiancée will be asked to present:

1.Valid passports or travel documents for the beneficiary and any dependent children

2.A notarized statement from an absent parent giving permission to a child to immigrate to the US along with a photocopy of the photo and signature pages of his/her passport or court decree of sole legal custody, or death certificate

3.Birth certificates for the beneficiary and any dependent children

4.Proof of termination of any prior marriages of the beneficiary

5.Change of name certificates or marriage certificates

6.Police certificate(s) for the beneficiary and any dependent children over 16 years of age from every country where they lived for more than 6 months after the age of 16, for every name they used in their lives

7.Medical exam results for the beneficiary and any dependent children

8.Proof of adequate financial support once in the United States to ensure that the beneficiary and dependent children will not become public charges

9.Supporting documentation verifying the relationship between the petitioner and beneficiary

Documentation regarding financial support from the petitioner must be presented. It can be in any form so long as it contains enough detail and information for the Consular Officer to conclude that the beneficiary will not become a public charge, i.e. tax returns, bank statements, wage statements, etc. Petitioners may submit a notarized Affidavit of Support form I-134 if they wish.

For more detailed information about document requirements, please go to the Instructions for Fiancée Visa Applicants in the Information packet.

After a Consular Officer has reviewed the case, your fiancée will be interviewed. The Consular Officer will ask your fiancée questions about your relationship, such as how you met and when you decided to marry. The Consular Officer is required by law to verify that your relationship with your fiancée is real, that you met at least once within the last two years, and that you do intend to marry within 90 days of your fiancée's arrival in the United States. The Consular Officer will thoroughly review the case to make sure that your fiancée is eligible to receive a U.S. visa

http://photos.state.gov/libraries/ukraine/164171/pdf/k-instructions.pdf

http://photos.state.gov/libraries/ukraine/895/pdf/k_instructions.pdf

http://photos.state.gov/libraries/ukraine/895/pdf/kev-1_form.pdf

Medical Exam

http://photos.state.gov/libraries/ukraine/895/pdf/medic_imm_eng.pdf

Photograph

http://photos.state.gov/libraries/ukraine/895/pdf/Photo_requirements__eng.pdf

https://evisaforms.state.gov/ds156.asp

Pamphlet on domestic violence

http://www.uscis.gov/USCIS/Humanitarian/Battered%20Spouse,%20Children%20&%20Parents/IMBRA%20Pamphlet%20Final%2001-07-2011%20for%20Web%20Posting.pdf

http://photos.state.gov/libraries/ukraine/164171/pdf/k-instructions.pdf

Not like that is confusing at all. I am uploading the documents I think I need to fill out. Please tell me if I am missing anything. Thank you.

[lordtiberius 0]

So we scheduled the interview. What a headache. But its on Nov 25.

[lordtiberius 0]

Vika has her Visa! The consular officer was very kind and she concluded her interview in less than a couple of hours. We aren't quite sure how long it will take until she can fly so we are holding off on buying the tickets. The consular officer said that she will get instructions over email, but her cousin said it takes a month for everything to process after the interview. But she is coming to America!

[Turboguy 6]

Congratulations LT, I know this process seems to take forever while you are doing it but once she is here and you have built your life together when you look back it seems like it went quickly.

It is always smart to hold off buying tickets. With my first fiancee I was so sure of things that I didn't wait and ended up throwing the money away on her ticket.

I am sure the AP will go quickly and she will be here by your side soon.

[lordtiberius 0]

Congratulations LT, I know this process seems to take forever while you are doing it but once she is here and you have built your life together when you look back it seems like it went quickly.

It is always smart to hold off buying tickets. With my first fiancee I was so sure of things that I didn't wait and ended up throwing the money away on her ticket.

I am sure the AP will go quickly and she will be here by your side soon.

Well, I have to check the site and see if the Visa is issued. Then I have to start thinking, thinking, thinking. To be honest, I am nervous.

[lordtiberius 0]

U.S. Department of State
NONIMMIGRANT VISA APPLICATION

Issued

Application ID or Case Number: KEVXXXXX 01 KEV Case Creation Date: 27-Nov-2013 Status Updated Date: 29-Nov-2013

Your visa is in final processing. If you have not received it in more than 10 working days, please see the webpage for contact information of the embassy or consulate where you submitted your application.

[Turboguy 6]

Well you are almost finished with this part of the process. To be honest I would be surprised if you were not nervous. In the long scheme of a life spent together a few days here and there won't even be remembered but going through the process they can seem like a lifetime.

She should have her visa soon and be with you before you know it.

[lordtiberius 0]

But what next?