Open letter to Homeland Security

[rebeccajo 14]

It sounds to me like you have had a very tough time with USCIS, yet you have provided no tangible proof to support you supposition. You have merely shown some polices of the USCIS and continue to offer only opinions.

Fiddlesticks. He cited a section from the CFR which is not even relevant.

All anyone need do is refer to the most rudimentary of USCIS press releases entitled 'Namecheck Processes and How They Work" or some such other title - our AO sent me a copy of it at least twice.

If that doesn't float your boat, then start RESEARCHING and stop conjecturing.

When one is caught in namecheck, that entire cite from the CFR gets tossed out the window. All that nonsense about after 6 months so-and-so must be notified and all the other brou-ha-ha is just trashed. NATIONAL SECURITY is the number one mandate of USCIS and NOTHING ELSE. It takes precedence over anything else written in the CFR and precedence over codified law - including the stipulation that petitioners for naturalization must be given a decision on their case after 120 days.

If the petitioner is stuck in namecheck, they are stuck in namecheck. Period. End of story. Nothing else happening. Stuck. Gridlocked. Tough $hit. Everything else with adjudication HALTS and not the Gods of Hell can move it until the check is complete.

USCIS is trying to make marriages fail and is busy ferreting out fraudsters by delaying adjudication till they give up. Riiiiiiiiiiiiiiiiiiiiiiigt.

Frankly I think they have bigger fish to fry.

And Chris.....they aren't really THAT interested in you and your wife's marriage. No need for the paranoia. They're just real busy, ya know?

Edited September 16, 2007 by rebeccajo

[athena_ny 1]

So they had to prove the validity of their marriage for the K1, what's the difference?

A marriage certificate is proof of validity.

The only place I disagree with you is #3. While the I-485 may not ask anything about the marriage, it's useless without the I-130 which does asks for proof such as marriage certificate, pictures, etc... So you're cherry picking

People adjusting from K1s do not need to file an I-130. Also up until earlier this year (or end of last year), people were not required to show evidence of bona fide marriage when filing for the I-130, just a marriage certificate.

No, it's not. It's proof we married, not proof of a legitimate relationship continuing after we married, or that the marriage wasn't undertaken for immigration benefit alone. (I mean, if a marriage certificate was all you need to prove a valid relationship, there would never be any fraud findings at all...)

The K-1 documentation isn't proof that we have a legitimate relationship after we married, either, technically, as all of the information on that is now at least eight months old.

And yes, we all make our own judgments based on the evidence we have. I am arguing, however, that your position is wrong based on the evidence we have.

:thumbs: :thumbs:

[Killer_Clown_2009 0]

Thread has run amuck.

Edited September 16, 2007 by jane2005

[sj5 4]

People, get you act together....

This is beyond ridiculous. I have been waiting, and waiting and waiting. My wife and I have been married for going on 4 years now, and it has been almost one year since we began the process of allowing her to come the USA and work to support our family. Your terrible inefficiency has put uncessary stress on our lives. Your lack of clarity has caused unecessary delays. Your lack of hard work has wasted thousands of dollars in revenue for YOU - taxes my wife could have been paying into the US treasury if you could be bothered to fix your system and get her a work permit.

We are not terrorists. We are not illegal aliens. We are the people who follow the rules and suffer for it. We are the people who praise our country to our spouses, so that they will consider living here, and then have to explain why Homeland Security with its unbelievable budget can't be clear and efficient.

You force us to harrass our congressmen and women. You force us to fill out the same forms mutliple times. You force us to prove that we don't need money before you allow our spouses to make any.

You are an embarassment to a merit-based capitalistic system of government.

I will never forgive you.

-B

As tempting as these thoughts may be, the facts of the matter are:

(1) You and your wife are living together in the U.S.A.

(2) Although your interim benefits are temporary and subject to renewals, they provide you with most of the same rights as lawful admission for permanent residence would give you.

(3) The government is just taking a cautious approach to approving a very powerful application; the longer full status is withheld, the more likely any marriage fraud or misrepresentation is likely to be uncovered.

(4) The broken immigration system is partially due to Congress's irresponsibility to fix it or to fund it. So, your Congressmen need to be continually reminded of the problems people are encountering dealing with their law.

1) True. And she is going crazy sitting at home all day on limited income, not being able to work. She has two masters degrees, speaks 3 languages, and gave up a lot to come here.

2) Benefits? What benefits? They won't issue her a social security number, so we can't get her a drivers license. She can't work. She's not elegible for any benefits or assistance should I lose my job. She's in limbo. The only thing she has is free movement (a multiple entry visa).

3) We've been married for close to four years. I could understand if the was a IMBRA marriage, or even a young marriage from a high-risk country. I'm afraid that doesn't sit with me.

4) Agreed. Good point.

I checked your timeline..its all okay.

(I'm sitting at home all day long too with my toddler(46 months old) . I worrying a little because The DMV won't let me have permit to drive or driver license without I-485 Noticed approval or a actual greencard)

take it easy and just be patients.

Edited September 19, 2007 by Pugnacious

[MonicaMexico 0]

I believe there are things that go on behind the scenes at USCIS that we are not privy to, and never will be, that may hold up the immigration process. Unless someone here works for USCIS or DHS or the federal government and has direct access to these meetings, instructions, and procedures, all we have are speculations and second hand accounts.

Maybe I watch too many spy movies, but I do believe that USCIS isn't always completely honest with us, perhaps for the sake of "National Security".

And I have a right to my opinion - it's not a priviledge.

[LittleRockParis 0]

Well, I really have to agree with everything you said in this post. I have been discussing this very issue with my French boyfriend. It is unbelievable to me the number of hoops that a person who legitimately wants to come to the US to live, work, and be married has to go through while thousands of illegal immigrants are coming into the country every day. I have jokingly told my boyfriend that he needs to get in a raft and come across the Atlantic that way!

In all seriousness, I work at a state mental hospital and there is currently a patient in the hospital who is a known illegal immigrant and the government/INS/whoever has told one of the social workers I work with that even if the patient were to leave the hospital today, knowing where he is, they would not do anything about it to send him back to his parent country. If that is not outrageous, I do not know what is.

I cannot believe that even though you have been married for 4 years, it is taking so long for your wife to get the right to work in this country. Is this a typical experience????

My very best of luck for the two of you that this is resolved quickly.

Edited September 23, 2007 by LittleRockParis

[athena_ny 1]

Well, I really have to agree with everything you said in this post. I have been discussing this very issue with my French boyfriend. It is unbelievable to me the number of hoops that a person who legitimately wants to come to the US to live, work, and be married has to go through while thousands of illegal immigrants are coming into the country every day. I have jokingly told my boyfriend that he needs to get in a raft and come across the Atlantic that way!

In all seriousness, I work at a state mental hospital and there is currently a patient in the hospital who is a known illegal immigrant and the government/INS/whoever has told one of the social workers I work with that even if the patient were to leave the hospital today, knowing where he is, they would not do anything about it to send him back to his parent country. If that is not outrageous, I do not know what is.

I cannot believe that even though you have been married for 4 years, it is taking so long for your wife to get the right to work in this country. Is this a typical experience????

My very best of luck for the two of you that this is resolved quickly.

The length of time you are married has nothing to do with processing time.