February 2018 I-129F Filers, Part II

[madameMaison 204]

Wishing all of you peace and strength through this waiting. I know it is tough for all of us, but we will make it through and finally live with our loved ones no matter how long it takes. 

 

Sending my love 🙏❤

[Greenbaum 12,259]

1 hour ago, Dawn&Jose said:

My lawyer just informed me that as of this past week they will no longer be sending RFEs! Guess we made it just under the wire. Has anyone

else heard about this?

 

46 minutes ago, mdma11 said:

Yep! The memo was issued sometime in July I believe.  

D&J your lawyer is wrong. They continue to send RFE's on K-1 applications if you are lacking information that is required to complete your file for proper adjudication.

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1318.html

 

MDMA it was issued back in July but does not apply to everyone, especially the K-1's

 

There are many varying degrees of RFE's. Some as simple as not "ticking" off a question. Others, forgot the fiancé(e) letter and then others who met on a website and now need to prove that it wasn't a marriage arrangement website.

 

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.

[Greenbaum 12,259]

21 hours ago, TobyJuanKenobi said:

 

Long-time lurker here. I submitted my petition in early February; the site says my case was received February 12th, and I still have no word. I'm starting to feel pretty shitty about this - especially seeing all the people who submitted way after me who have already heard back. My fiance called on wednesday and all people from USCIS could say is that it is still being processed and that we could open up an inquiry (which he did). I'm trying to be patient, but this is getting to be kind of ridiculous. Anyone else out there who hasn't heard back? M

And here is why,

 

USCIS records confirm that the referenced case is pending background check clearance. USCIS is committed to adjudicating immigration benefits in a timely manner while also ensuring public safety and national security. A small percentage of applications and petitions have unresolved background check issues that temporarily delay adjudication. Although USCIS makes every effort to resolve such cases promptly, USCIS is unable to speculate when the background check will be completed. 

If a background check reveals an issue that may impact an applicant’s eligibility for the requested immigration benefit, further inquiry is needed. The inquiry may include an additional interview and/or contact with another agency for updates or more comprehensive information. Upon gathering and assessing all available information, USCIS will adjudicate the application as quickly as possible. 

 

USCIS realizes that the constituent may be frustrated by the progress of their case. However, the agency must balance individual inconvenience against broader issues of public safety and national security.

 

The below link is somewhat old, it does give you an insight as to how your case is adjudicated and what is required to complete an application. Hope this information has been  helpful.

 

From <http://www.visajourney.com/content/adjudicator-q-and-a>

[americaninlove 381]

Listen to this week’s episode of This American Life (my favorite radio show on earth): part two is about the massive increase in RFEs issued lately:

 

https://www.thisamericanlife.org/402/save-the-day

[Bure 161]

Sending loads of love and encouragement for those of us still awaiting NOA2.  Keep the faith.  

[Juliette2784 130]

16 hours ago, Dawn&Jose said:

My lawyer just informed me that as of this past week they will no longer be sending RFEs! Guess we made it just under the wire. Has anyone

else heard about this?

Yes it was effective September 11th uscis has an article on the change it’s not that they won’t send any but that they are no longer required to and can just give denials.

[AnnaR 28]

Hello people, does anyone know how much time does it take after they assign someone to work on our case?

We spoke to tier 2 she said they haven't even assigned the person who will work on our case and we should call back in 2 weeks to figure it out. And when they will assign how much more time do we have to wait???

[AnnaR 28]

On 9/11/2018 at 9:59 PM, SAlove18 said:

I just wanted to update. I spoke to the sweetest lady today. She pushed a service request for me and sounded genuinely sad about my situation. She said I should receive my update sometime next week. She said when they see those requests usually it puts some fire under their them and people will receive a response in 5 days of request being sent 

What request do you mean?

The case inquiry submition on the site or what?

[AnnaR 28]

On 9/16/2018 at 1:22 AM, TobyJuanKenobi said:

 

Long-time lurker here. I submitted my petition in early February; the site says my case was received February 12th, and I still have no word. I'm starting to feel pretty shitty about this - especially seeing all the people who submitted way after me who have already heard back. My fiance called on wednesday and all people from USCIS could say is that it is still being processed and that we could open up an inquiry (which he did). I'm trying to be patient, but this is getting to be kind of ridiculous. Anyone else out there who hasn't heard back? M

We are Feb 12 same is going on but they said our case isn't processing yet we even don't have a person who'll start processing our case

[BJ & Christine 1,392]

21 minutes ago, AnnaR said:

Hello people, does anyone know how much time does it take after they assign someone to work on our case?

We spoke to tier 2 she said they haven't even assigned the person who will work on our case and we should call back in 2 weeks to figure it out. And when they will assign how much more time do we have to wait???

U r out of normal processing time according g to uscis web site. They r currently working on February 19th. 

Can contct obudsmem and see what happens.

https://www.dhs.gov/case-assistance

[Stefannievs 267]

7 hours ago, Juliette2784 said:

Yes it was effective September 11th uscis has an article on the change it’s not that they won’t send any but that they are no longer required to and can just give denials.

I heard is with their NOAs 1 so if your NOA 1 Is from September 11th you will have those considerations... Not for us 

[Juliette2784 130]

Just now, Stefannievs said:

I heard is with their NOAs 1 so if your NOA 1 Is from September 11th you will have those considerations... Not for us 

Yes it’s not for us 

[lenablabla 34]

Hi guys, do you know how long it usually takes after they receive your RFE till the final approval? I ve seen people in this forum are already waiting for 2 weeks now, is this the average time?

[S&J_ 247]

1 minute ago, lenablabla said:

Hi guys, do you know how long it usually takes after they receive your RFE till the final approval? I ve seen people in this forum are already waiting for 2 weeks now, is this the average time?

From what I've read I think it's hard to give an exact average. Some say it depends on the RFE - some are more complicated than others. What was your RFE for? (Sorry, you may have already mentioned it earlier) I've only been waiting a few days, I'm hoping to hear something by the end of the month as I don't think our rfe was complicated at all. But I don't know...

[SAlove18 61]

I just called an officer again she is now telling me my case is going through finger print check but she wouldn’t tell me what day they started or what a finger print check actually is