Why doesn't the DACA affect I-129F's like it does I-130's?

[r060106 109]

Does anyone have any idea why the DACA isn't backlogging the processing of I-129s like its is I-130s? I mean, our processing time is 9-11 months right now and is absolutely appalling, but I-129s seem to be getting processed in 60 days or so. It makes no sense to me and is very upsetting seeing fiance petitions getting processed so much faster than those for the spouses of U.S. Citizens, where a legally binding relationship has actually been established. You'd think being married would carry with it some sort of perk, but it doesn't appear to be that way anymore. Even though I'm a September filer I really do feel for all of the I-130s before me that are still waiting, especially the February, March and April petitions.

Does anyone feel the same way as I do? Just curious. Sorry if I'm in the wrong forum. I needed to vent but didn't know where else to put this. Thanks

Edited October 20, 2013 by r060106

[JA_Martinez 81]

I agree 150%....it is truely amazing. We filed our I-130 end of June and have no signs of activity since NOA1. We filed an I-129F in August and no activity since NOA1. My husband and I will spend our first anniversary in Feb in seperate countries. If we're together by end of June next year I'll be pleasantly surprised. Horribly disappointing.

[allyinchicago 8]

yep this whole process sucks!!!!!!!!!!!!!!!!!!!!!!!!!!

should be first come first serve, obviously our government does NOT care. i'm on 15 months of nothing.

[Ketsuban 1,034]

Well they're doing something with the I-130s that have been filed and sent to the NBC in KS. They're at least doing their initial checks there since we got notice that our check bounced after we got our NOA1, not before. So it's not like they're checked over in Chicago, then sent to NBC to collect dust as soon as they arrive.

So that's kind of a good thing at least - that there are actually people there working on stuff. I remember reading someone's post fearing that they were still deciding on the decorum of the offices rather than actually getting to work!

[Kaylara 814]

I agree. And I mean no disrespect, but my husband and I have been married for 7 1/2 years. It makes no sense to me that I am now at the 7 month mark and no word about when we're going to be able to move to the next step, and yet, we're seeing fiance visas go through in 19 days. Someone explained to me that's because our IR is an immigrant visa, and the fiance is a non-immigrant visa. But that doesn't make sense to me, because if you're not intending to stay in the US, then you don't need to bother to get the fiance visa in order to get married in the US. (I know, because that's exactly how my husband and I did it.)

It's very irritating and upsetting that my marriage years is put at a lower priority than a fiance visa.

[r060106 109]

I agree. And I mean no disrespect, but my husband and I have been married for 7 1/2 years. It makes no sense to me that I am now at the 7 month mark and no word about when we're going to be able to move to the next step, and yet, we're seeing fiance visas go through in 19 days. Someone explained to me that's because our IR is an immigrant visa, and the fiance is a non-immigrant visa. But that doesn't make sense to me, because if you're not intending to stay in the US, then you don't need to bother to get the fiance visa in order to get married in the US. (I know, because that's exactly how my husband and I did it.)

It's very irritating and upsetting that my marriage years is put at a lower priority than a fiance visa.

You took the words right out of my mouth. The thing with the fiance visas drives me up a wall. I cannot stand it. And then you get these threads from people over in the K-1 forum complaining and moaning that they haven't gotten their NOA2 and its been three months. Really now? You're going to be upset about that when we I-130s all have to wait for what seems like it will be years and years? And then they also are upset when they get to the NVC stage and the process stalls, which yes is a pain in the butt, but at least they're their and don't have to deal with the USCIS anymore. I mean come on! Be thankful for what you have. Like you, I mean no disrespect at all and just wish they would be happy that they're going along fairly quickly and will be with their fiances soon. Unlike us spouses, who are all screwed.

Yes, that makes total sense about it not being an immigrant visa. Because either way they're going to be immigrants when they start the AOS process anyways, so what's the difference? It's just so dumb. Why not do the same thing for us married people? Oh yeah, that's right, they made the K-3 visa but apparently don't process it anymore.

It makes no sense that people actually in a marital union are treated this way and are not given the same processing priority and speed that fiance visas and DACAs are now given. What's the point of being married? I don't think there is one.

Edited October 20, 2013 by r060106

[MacauPDX 24]

I agree. And I mean no disrespect, but my husband and I have been married for 7 1/2 years. It makes no sense to me that I am now at the 7 month mark and no word about when we're going to be able to move to the next step, and yet, we're seeing fiance visas go through in 19 days. Someone explained to me that's because our IR is an immigrant visa, and the fiance is a non-immigrant visa. But that doesn't make sense to me, because if you're not intending to stay in the US, then you don't need to bother to get the fiance visa in order to get married in the US. (I know, because that's exactly how my husband and I did it.)

It's very irritating and upsetting that my marriage years is put at a lower priority than a fiance visa.

Another married person pitching in. Married to a USC for nearly 13 years and 2 USC kids. 100 days today since I last saw my family and no movement on my I-130. It gets better... I had to get a new passport and reapplied for my visa waiver last week (I'm a Brit) as I want to spend Christmas with my family in my house in the US; it's also my son's birthday in December and I've already missed my daughter's birthday. And guess what? My visa waiver was denied. I can only assume that it's because of my application. Thanks, USCIS...

Yes, it's incredibly frustrating seeing fiancé visas approved so quickly when families, and I hear of many cases, are waiting for so long...

[Blueberry Pancake 311]

Another married person pitching in. Married to a USC for nearly 13 years and 2 USC kids. 100 days today since I last saw my family and no movement on my I-130. It gets better... I had to get a new passport and reapplied for my visa waiver last week (I'm a Brit) as I want to spend Christmas with my family in my house in the US; it's also my son's birthday in December and I've already missed my daughter's birthday. And guess what? My visa waiver was denied. I can only assume that it's because of my application. Thanks, USCIS...

Yes, it's incredibly frustrating seeing fiancé visas approved so quickly when families, and I hear of many cases, are waiting for so long...

Oh wow, made me really sad

To reply r060106's question:

Because they are processed at more efficient and not anymore backlogged centers.

I-130s used to be adjudicated there too. By shifting their workload and kicking out I-130s out of there, they ( intentionally?) made it easier for K-1 and all other programs (DACA etc) to be adjudicated faster and in a timely manner.

Why are I-130s of the lowest priority to the U.S. gov? Not sure but would like to know too

[imse82 45]

What is also concerning that DACA is valid for two years and renewable. If Comprehensive Immigration Reform (CIR) doesn’t pass, it means that every two years there will be a rush of DACA applications and the temporary delay of processing other case... here is a link for an article related to this subject:

http://immigrationroad.com/blog/is-daca-linked-to-uscis-i-130-processing-delays/

[r060106 109]

Another married person pitching in. Married to a USC for nearly 13 years and 2 USC kids. 100 days today since I last saw my family and no movement on my I-130. It gets better... I had to get a new passport and reapplied for my visa waiver last week (I'm a Brit) as I want to spend Christmas with my family in my house in the US; it's also my son's birthday in December and I've already missed my daughter's birthday. And guess what? My visa waiver was denied. I can only assume that it's because of my application. Thanks, USCIS...

Yes, it's incredibly frustrating seeing fiancé visas approved so quickly when families, and I hear of many cases, are waiting for so long...

I'm confused, you had to apply for a visa-waiver? I thought they just stamp your passport upon entry because you're from the UK. Am I wrong? So you got to the border and they turned you away at the POE? Or something else? That's just so terrible and I'm so sorry.

Oh wow, made me really sad

To reply r060106's question:

Because they are processed at more efficient and not anymore backlogged centers.

I-130s used to be adjudicated there too. By shifting their workload and kicking out I-130s out of there, they ( intentionally?) made it easier for K-1 and all other programs (DACA etc) to be adjudicated faster and in a timely manner.

Why are I-130s of the lowest priority to the U.S. gov? Not sure but would like to know too

That's just so dumb and I don't even know what to say. So basically instead of spreading the work around and making it faster for everyone by having all of the service centers working at full capacity, they shoved all of the I-130s off onto the NBC and backlogged the NBC?? That's freaking terrible. Why the hek can't our petitions be adjudicated in a timely manner? What makes fiances and green card holders so special??!! It drives me insane.

II'm thinking it is all intentional and they really don't want U.S. citizens to be married and in a legally binding relationship with their spouse. They prefer them to go the fiance visa route and then probably hope the marriage falls apart before they're a legal permanent resident and then they don't have to deal with them anymore once they go back home. I honestly don't even think they want people to bring their spouses here. It's all designed to break apart a couple who's already married, in my opinion.

What is also concerning that DACA is valid for two years and renewable. If Comprehensive Immigration Reform (CIR) doesn’t pass, it means that every two years there will be a rush of DACA applications and the temporary delay of processing other case... here is a link for an article related to this subject:

http://immigrationroad.com/blog/is-daca-linked-to-uscis-i-130-processing-delays/

Wow, now I have yet another issue to worry about. Ugh. This is just all so depressing. I wish I wouldn't have ready your post, no offense.

[del-11-03-13-3 11]

I agree that the wait for spouses is too long, really anyone filing for a loved one should go quick (fiancé and spouse alike). I only really studied up on the fiancé visa process details since that's the route I went, but I thought the spousal visa includes everything all at once while the fiancé visa breaks it down into the initial visa and the AOS? If that's correct then it would make sense the spousal visa takes longer, but really shouldn't be a dramatic difference like it is now. If K3 breaks it up for spouses like K1 then those should really get processed at the same speed. At least you could live together even if you have to wait for GC and work permit. I am very jealous of the K1 getting processed so quick now, I waited 5 months at USCIS and I thought that was good! Would be nice if the wait time was pretty stable across all visas. Good luck everyone and hope things pick up soon!

[Darnell 8,478]

Whoa there, OP, back at post #1.

In fact, DACA at CSC DID effect I-129Fs at CSC, and many of the I-129Fs were re-routed to TSC.

TSC takes some time, each season that it's activated for I-129Fs, before they get really efficient.

So, apologies, I suggest you dig back a bit, learn more about the I-129F lag at CSC when the DACA switch was turned on.

Edited October 20, 2013 by Darnell

[r060106 109]

Whoa there, OP, back at post #1.

In fact, DACA at CSC DID effect I-129Fs at CSC, and many of the I-129Fs were re-routed to TSC.

TSC takes some time, each season that it's activated for I-129Fs, before they get really efficient.

So, apologies, I suggest you dig back a bit, learn more about the I-129F lag at CSC when the DACA switch was turned on.

Ok, great. I was wrong. But why on God's good green earth can't they correct the backlog created by the DACA for I-130s like they appear to have corrected it for the I-129Fs? It's completely unfair for all of us.

[Darnell 8,478]

Oh, it was corrected, for a bit of time. Since the change-over on 15 Aug 2012, I-130s actually went fast for about 4 months, as the routing was

lockbox-> MSC-> local office

and most of the local offices (exceptions - Chicago, Atlanta, Houston and several others)

just sucked up the casefiles and processed them in FIFO,

and were exceptionally fast in the adjudication process.

After those 4 first months though, things slowed down, as the queues got bigger. Bigger queue? More time for Adjudication, as you wait your place in the larger queue. Actual adjudication takes about 15 minutes, for what it's worth.

Then some bright boy at USCIS declared, recently, that the local offices MUST BE FINISHED with the adjudication of casefiles held locally by 31 October 2013 - seems there's a shift to the new Overland Park office after that.

So, if'n you seem stuck somewhere, past the 6 month mark of the NOA-1 date, you might want to touch base with an Immigration Liason Staffer Human at yer Congressman's office and see what's what.

Now, DACA skewed almost everything. Really p|ssed me (and others) off. I've tried not to spew too much about it, but my basic concept is 'F**K DACA'.

[Darnell 8,478]

Ok, great. I was wrong. But why on God's good green earth can't they correct the backlog created by the DACA for I-130s like they appear to have corrected it for the I-129Fs? It's completely unfair for all of us.

I want to say this:

USCIS directors have had to listen to the President's Orders about DACA,

and in the same breath, FIX the problems created by rerouting after DACA applications were accepted.

In many cases, the fixes were stellar. In other cases, the fixes were abysmal. 'Gimme yer head on a platter' level of abysmal.