August 2018 I-129F Filers

[Faisal1 235]

21 hours ago, Greenbaum said:

 

I got a hold of the memo and read over it and there is so much in there to explain but it has nothing to do with K-1's. Basically if you are applying for a benefit (visa) and you are not eligible for that benefit or you are not using the benefit for its intended purpose then the adjudicator doesn't have to send you a RFE or a NOID. Just VOID. Done!

 

But if an application is received with an error or missing documentation and is the intended benefit then the adjudicator is obligated to complete the entire processing up to and not including the approval, but must combine all RFE's for that case into one request. If the adjudicator determines that the application is a "place setter" application, meaning they don't have all their information at the time of filling but hey USCIS will send an RFE and then I can respond with my missing documentation that I now have.  In the past they may send out a RFE letter then two weeks later send another RFE for a totally different circumstance tied to the original submission. The memo requires them to ask for everything in one letter.

 

So there are many good things in the memo. One just has to take the time to read for themselves and not rely on CNN or Betty Lou over in the Jamaican thread who is afraid that the sky is falling in on her K-1 visa with the intent that she is going to get denied.

 

Believe it or not the spirit of this letter was promulgated in the Obama Administration. This administration is only trying to get the rules so that they are followed. There isn't anything in there that is made up without a reason now or from the past.

 

This does not effect anyone applying for a K-1 visa. Carryon.

USCIS has announced a new policy that went into effect on September 11th 2018. According to that policy they will be denying cases without issuing what are called Requests for Evidence or Notices of Intent to Deny. Before they would give you a second chance if you missed something in your application. The Trump administration has issues this policy so that they can go ahead and deny your case without giving you another chance to send in anything you might have accidentally missed.    

 

 

☝️☝️This is what  lawyer told me

[Greenbaum 12,259]

1 hour ago, Faisal1 said:

USCIS has announced a new policy that went into effect on September 11th 2018. According to that policy they will be denying cases without issuing what are called Requests for Evidence or Notices of Intent to Deny. Before they would give you a second chance if you missed something in your application. The Trump administration has issues this policy so that they can go ahead and deny your case without giving you another chance to send in anything you might have accidentally missed.    

 

 

☝️☝️This is what  lawyer told me

Well in my opinion and what I have read your lawyer has misread the intent of the policy. I believe I've outlined distinctly what it covers. Google for the government document that USCIS is compelled to use. It's what I did and how I arrived at my own conclusions. It would pay dividends to you and the others here.

 

One question if what you say is true why are K1s still receiving RFE?

[Faisal1 235]

1 hour ago, Greenbaum said:

Well in my opinion and what I have read your lawyer has misread the intent of the policy. I believe I've outlined distinctly what it covers. Google for the government document that USCIS is compelled to use. It's what I did and how I arrived at my own conclusions. It would pay dividends to you and the others here.

 

One question if what you say is true why are K1s still receiving RFE?

Maybe a federal court lawyer  misread along with his team. Also policy will be effected from sept 11 you know that they are processing march.  As my friend filled on 19 march and he got his NOA2

[Greenbaum 12,259]

20 minutes ago, Faisal1 said:

Maybe a federal court lawyer  misread along with his team. Also policy will be effected from sept 11 you know that they are processing march.  As my friend filled on 19 march and he got his NOA2

Date doesn't matter it's the intent of the letter so 10/4 or 9/11 doesn't make any difference. But let's wait and see. I know where I am placing my bet.

Edited October 4, 2018 by Greenbaum

[Faisal1 235]

2 minutes ago, Greenbaum said:

Let's wait and see. I know where I am placing my bet.

WelL like i said what i had from the lawyer. and its good for you.and   what i read from people here and what i got from lawyer is totally different so anyway i know i had to sue immigration last time when everyone here didnt knew how to get reply from immigration so  both way they issue or dont.  Good for us

[Greenbaum 12,259]

2 minutes ago, Faisal1 said:

WelL like i said what i had from the lawyer. and its good for you.and   what i read from people here and what i got from lawyer is totally different so anyway i know i had to sue immigration last time when everyone here didnt knew how to get reply from immigration so  both way they issue or dont.  Good for us

I'm not a big lawyer fan when it comes to immigration. There are too many who have hung their shingle out and have no idea what is or isn't. Now, the lawyers that work on case work such as immigration problems once inside the US, they are a great bunch and provide a great service. I'm just saying. I've seen too many people over my years here answer questions and cleaning up "well my lawyer said" or my "Lawyer was supposed to" and the applicant is denied or delayed. IMHO

[Kowatti 189]

You are vey welcome.  Don't worry.  It will be okay.  

[Greenbaum 12,259]

19 hours ago, Tonie12 said:

You are vey welcome.  Don't worry.  It will be okay.  

We don't know who you are replying to and I doubt the individual in question knows. If you look to the bottom of someone's reply you will see two selections a "+" and the word "Quote". If you want to say select multiple posts to include for one answer to all then select the "+". Once you have selected there is a pop up box in the lower right hand corner of the your screen, tap it and it will open up a reply box with all quoted posts from other members. If you want to reply to only one post then select "Quote" and out pops a box for your to respond to. Good luck.

 

Once the reply has been posted you have approximately 5 min to correct any mistakes or add any additional comments using the "edit" selection now seen next to + and quote. Once "edit" is no loner visible you are unable to make any corrections.

 

I hope this helps you.

Edited October 5, 2018 by Greenbaum

[Shiran 1,134]

On 10/4/2018 at 10:23 AM, Faisal1 said:

WelL like i said what i had from the lawyer. and its good for you.and   what i read from people here and what i got from lawyer is totally different so anyway i know i had to sue immigration last time when everyone here didnt knew how to get reply from immigration so  both way they issue or dont.  Good for us

A thing to keep in mind, it is (unfortunately) in lawyers interest to promote fear mongering. And people anxious to be with their loves ones and nervous about filling up long forms make good victims ripe for the picking. The form 129F is really not that complicated, but one DOES need to be though and not miss details. You certainly don't need a lawyer for most situations, but a good set of 2nd eyes is extremely helpful. Unfortunately, with this change, you do see a lot more fear mongering from lawyers specifically. "If you make a tiny mistake, they will deny you!" The reality though we are at a mercy of USCIS officers just like we were before. Some get RFE because they only submitted one letter of intent signed by 2 people, others don't, no specific rhyme or reason. Will it mean we see more apps being denied without RFE even if they were sent in "Good Faith?" Probably. Was that the intent of this change? No. Will having a lawyer help? Unlikely. Will being extra through help? Yes, definitely. 

[Faisal1 235]

6 minutes ago, Shiran said:

A thing to keep in mind, it is (unfortunately) in lawyers interest to promote fear mongering. And people anxious to be with their loves ones and nervous about filling up long forms make good victims ripe for the picking. The form 129F is really not that complicated, but one DOES need to be though and not miss details. You certainly don't need a lawyer for most situations, but a good set of 2nd eyes is extremely helpful. Unfortunately, with this change, you do see a lot more fear mongering from lawyers specifically. "If you make a tiny mistake, they will deny you!" The reality though we are at a mercy of USCIS officers just like we were before. Some get RFE because they only submitted one letter of intent signed by 2 people, others don't, no specific rhyme or reason. Will it mean we see more apps being denied without RFE even if they were sent in "Good Faith?" Probably. Was that the intent of this change? No. Will having a lawyer help? Unlikely. Will being extra through help? Yes, definitely. 

Let me tell you something i filled by my self and as i said and did the same now . My previous case was holding for 402 days without noa2. You need to tell me what would you do if you were in my situation? You cant do anything right?   Only wait and wait. And people here just being macho and talk and post here this whAt i have seen throughout last one year    And also only to sue the uscis and get noa2 can be done through a good lawyer.so i did that and got my noa2.so now if anyone think that my opinion is helpful they can take it if not they can ignore it.

[Greenbaum 12,259]

5 hours ago, Faisal1 said:

Let me tell you something i filled by my self and as i said and did the same now . My previous case was holding for 402 days without noa2. You need to tell me what would you do if you were in my situation? You cant do anything right?   Only wait and wait. And people here just being macho and talk and post here this whAt i have seen throughout last one year    And also only to sue the uscis and get noa2 can be done through a good lawyer.so i did that and got my noa2.so now if anyone think that my opinion is helpful they can take it if not they can ignore it.

The amazing thing from this argument is that you are BOTH right. So put down your hands, take off the gloves and be civil. Be helpful and positive. JMO

[mepck 197]

On 10/3/2018 at 8:26 PM, Faisal1 said:

This friday morning or evening you will hear from them and give them atleast two weeks after cashout. If you didnt hear anything in next week then give them call

An update on our case. Up to Friday evening we have not received any notifications nor hardcopy of NOA1 in our mailbox. So my fiance called them. Asked to talk to second level officer. As per the officer, she said they already received the form etc, and was actually issued a receipt with the number. However, she was not able to tell us via phone the receipt details due to security reasons, and has asked us to wait another 1 week for us to get the hardcopy because it is still in the “window” 2 weeks after check being cashed (even it was actually almost 2 months since we submitted the form). She again mentioned, can not refer to case by case for NOA1 timeline due to “backlog”. She said, from the system, she told us that our case has been forwarded to WAC, California?! So it’s the matter of NOA1 not received on hand. Next weekend, if we haven’t received so, she said we can call them again to request for another copy of the receipt and NOA1. So let’s see. Quite frustating dealing for it almost 2 months for NOA1.

[Greenbaum 12,259]

2 minutes ago, mepck said:

An update on our case. Up to Friday evening we have not received any notifications nor hardcopy of NOA1 in our mailbox. So my fiance called them. Asked to talk to second level officer. As per the officer, she said they already received the form etc, and was actually issued a receipt with the number. However, she was not able to tell us via phone the receipt details due to security reasons, and has asked us to wait another 1 week for us to get the hardcopy because it is still in the “window” 2 weeks after check being cashed (even it was actually almost 2 months since we submitted the form). She again mentioned, can not refer to case by case for NOA1 timeline due to “backlog”. She said, from the system, she told us that our case has been forwarded to WAC, California?! So it’s the matter of NOA1 not received on hand. Next weekend, if we haven’t received so, she said we can call them again to request for another copy of the receipt and NOA1. So let’s see. Quite frustating dealing for it almost 2 months for NOA1.

USCIS is running about 7.5 months now for I-129f approvals better known as NOA2. Prepare yourself for the wait. 

[mepck 197]

13 minutes ago, Greenbaum said:

USCIS is running about 7.5 months now for I-129f approvals better known as NOA2. Prepare yourself for the wait. 

Need more “patient” stock badly hehehe! Wish us luck!!💪🏻💪🏻

[Olichka 186]

Just looked at the processing times on the USCIS website, and it changed from  "5 months to 7 months" to "5.5 to 7.5 months" 😥.

 

This is just so frustrating and ridiculous ! This process is just taking longer and longer each year, I wonder how long it will take a year or two from now. It's so sad that people went from waiting for 3 months to now 6-7. 

 

Why cant more people be hired if the ones who work now cant handle the petition load ? We all know this process can be done much faster because we know how long the process took last year, and even better two years from now.. 

 

Sorry for the small rant, just frustrated 🙄