Reality Check

[StillThePrettiest 3]

moxcamel, I REALLY appreciate your comments, and the fact that you've started this thread; I have made some comments along similar lines elsewhere (though not anywhere near as in-depth as you have done)

major kudos for a correct use of 'begging the question', too; that happens so rarely these days!

I think the major issues are being dealt with in a more able manner than I could do at present, but I just wanted to pick one tiny detail out - quite a few people have been referring to the fact that 'a petition takes 15 minutes to adjudicate'... I believe (please correct me if I'm wrong) that this is based on Huskerkiev's post, which he wrote about his experiences, and he said something more like 'a petition can take as little as fifteen minutes to adjudicate', which implies that this is the minimum, and many take significantly longer

small point, maybe, but constantly citing '15 minutes' as the average would therefore be incorrect, and misleading

[StillThePrettiest 3]

...common sense is all thats needed to envisage a dramatic increase in applications before a HUGE fee increase...

I'm interested by the above remark - many more have said something similar; I'm just quoting debz because her post was handy - and would be interested to hear others' opinions... it's just that: I don't see that it necessarily IS common sense to expect a 'dramatic increase' in applications of this type, whatever the change is going to be (ie fees, processing times, whatever)

my thinking is: very few people who were not even thinking about getting married are likely to go 'but there'll be a fee increase soon! I think we should change our minds!'; they probably wouldn't even know about the process... so that means no one NEW would be entering the pool

I can easily see that some people might speed up the submission of their petition (if they found out about the changes early enough, AND were able to - which wouldn't apply to everyone it might) to beat the deadline, but then surely they just change their submission date by a month or so; NOA1 in July instead of August or September or even October... so then that's just a move, and it leaves a gap where they would have been... so while there's a temporary backlog for a short time, as July numbers become artificially inflated, then the numbers for subsequent months become artificially DEflated, and surely the whole thing averages out, with no great issue?

so I guess all I'm saying is: I don't know that we can necessarily blame USCIS for not putting in some form of 'emergency measures' for the fee increase; I think they were (rightly) assuming that all that would happen would be the same number of petitions, submitted in a different pattern, and that they'd catch up to 'normal' (which definition is a whole different issue ) reasonably soon

blah blah; I'll stop rambling, but if anyone's got any thoughts I'd be interested in hearing them

[Bob & Kim 0]

...common sense is all thats needed to envisage a dramatic increase in applications before a HUGE fee increase...

I'm interested by the above remark - many more have said something similar; I'm just quoting debz because her post was handy - and would be interested to hear others' opinions... it's just that: I don't see that it necessarily IS common sense to expect a 'dramatic increase' in applications of this type, whatever the change is going to be (ie fees, processing times, whatever)

my thinking is: very few people who were not even thinking about getting married are likely to go 'but there'll be a fee increase soon! I think we should change our minds!'; they probably wouldn't even know about the process... so that means no one NEW would be entering the pool

I can easily see that some people might speed up the submission of their petition (if they found out about the changes early enough, AND were able to - which wouldn't apply to everyone it might) to beat the deadline, but then surely they just change their submission date by a month or so; NOA1 in July instead of August or September or even October... so then that's just a move, and it leaves a gap where they would have been... so while there's a temporary backlog for a short time, as July numbers become artificially inflated, then the numbers for subsequent months become artificially DEflated, and surely the whole thing averages out, with no great issue?

so I guess all I'm saying is: I don't know that we can necessarily blame USCIS for not putting in some form of 'emergency measures' for the fee increase; I think they were (rightly) assuming that all that would happen would be the same number of petitions, submitted in a different pattern, and that they'd catch up to 'normal' (which definition is a whole different issue ) reasonably soon

blah blah; I'll stop rambling, but if anyone's got any thoughts I'd be interested in hearing them

It is very important to remember that many other USCIS fee increases occurred on July 30, 2007, not just K1/K3 VISAs associated filings. During the teleconference last week with the USCIS Ombudsman he openly criticized USCIS for blaming too much on the fee increases and increased numbers of applications/cases.

Form #

Description

Current

Effective 7/30/07

I-90

Application to Replace Permanent Resident Card

$185

$290

I-102

Application for Replacement/Initial Nonimmigrant Arrival/Departure Record

$160

$320

I-129

Petition for Nonimmigrant Worker, * plus

$500 fraud prevention and detection fee

Training fund fee, only for nonexempt H-1B petitions

$750 for nonexempt employers with 25 or fewer full-time employees

$1,500 for nonexempt employers with more than 25 full-time employees

$190 *

$320

Other fees no change

I-129F

Petition for Alien Fiance(e)

$170

$450

I-130

Petition for Alien Relative

$190

$355

I-131

Application for Travel Document

$170

$305

I-140

Immigrant Petition for Alien Worker

$195

$475

I-191

Application for Permission to Return to an Unrelinquished Domicile

$265

$545

I-192

Application for discrtionary relief under INA 212(d)(3)

265

$545

I-193

Application for Waiver of Passport and/or Visa

$265

$545

I-212

Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal

$265

$545

I-246

Application for Stay of Deportation or Removal

$155

no change

I-290B

Notice of Appeal to the Administrative Appeals Unit (AAU)

$385

$585

I-485

Application to Register Permanent Residence or to Adjust Status

* age 13 and under: $225

$325*

$930* ** ***

* $600 for age 13 and under

** But no fee for advance parole or EAD once this fee is paid

*** Plus $80 biometrics fee

I-485 Supp. A

Supplement A to I-485 filed under I.N.A. § 245(i)

$1,000

no change

I-526

Immigrant Petition By Alien Entrepreneur

$480

$1,435

I-539

Application to Extend/Change Nonimmigrant Status

$200

$300

I-566

Interagency Record of individual Requesting Change/Adjustment to or from A or G Status

None

no change

I-589

Application for Asylum

None

no change

I-600

Petition to classify orphan as immediate relative

$670

I-601A

Advance processing of orphan petition

$670

I-601

Application for Waiver of Grounds of Excludability

$265

$545

I-612

Application for Waiver of the Foreign Residence Requirement

$265

$545

I-687

For filing Application for Status as a Temporary Resident

*A fee of $255 for each application or $120 for each application for a minor child (under 18 years of age) is required at the time of filing. The maximum amount payable by a family (husband, wife, and any minor children) shall be $630.

$255

$710

*A fee of $710 for each application or $570 for each application for each child under 18. Maximum payable by a family would be $1,990

I-690

Application for Waiver of Excludability

$95

$185

I-693

Medical Examination of Aliens Seeking Adjustment of Status

None (filed with I-485)

I-694

Notice of Appeal of Decision

$110

$545

I-695

Application for Replacement Employment Authorization or Temporary Residence Card

$65

$130

I-698

Application to Adjust Status From Temporary to Permanent Resident

*For applicants filing within 31 months from the date of adjustment to temporary resident status, a fee of $140 for each application is required at the time of filing. The maximum amount payable by a family (husband, wife, and any minor children (under 18 years of age living at home) shall be $420. For applicants filing after 31 months from the date of approval of temporary resident status, who file their applications on or after July 9, 1991, a fee of $180 (a maximum of $540 per family) is required.

$180*

$1,370 if filing within 31 mos of adjustment to temp resident.

Max per family: $4,110

After 31 mos, each application 1,410 or max per family 4,230

I-751

Petition to Remove the Conditions on Residence

$205

$465

I-765

Application for Employment Authorization

$180

$340

I-821

Application for Temporary Protected Status

$50

no change

I-821A Package

Forms and Instructions for TPS for Nicaraguans and Hondurans

*$120 additional if employment authorization is requested

$50 *

no change

I-824

Application for Action on an Approved Application or Petition

$200

$340

I-829

Petition by entrepreneur to remove conditions

$2,850

I-901

SEVIS fee levied on certain F, J, and M nonimmigrants

SEVIS fee for J-1 au pairs, camp counselors, and summer work/travel program participants

$100

- $35

no change

I-907

Request for Premium Processing Service (fee is in addition to regular I-129 fees)

$1,000

no change

N-300

Application to File Declaration of Intention to Naturalize

$120

$235

N-336

Request for hearing on a decision in naturalization proceedings

$605

N-400

Application for Naturalization

$330

$595

N-410

Application for Motion for Amendment of Petition

$50

no change

N-455

Application for Transfer of Petition for Naturalization

$90

no change

N-470

Application to Preserve Residence for Naturalization Purposes

$155

$305

N-565

Application for Replacement Naturalization Citizenship Document

$220

$380

N-600

Application for Certification of Citizenship

$255

$460

Biometric Services

$70

$80

Fee to file an Appeal or a Motion to Reopen/Reconsider

$385

$585

[StillThePrettiest 3]

good Og; did you expect me to read them all through?

thanks for the reminder, though... I was indeed looking too narrowly, and not considering exactly how wide these increases went... thank you

[Caladan 19]

While marriage might be recognized as a fundamental human right, immigration isn't. While appeals to emotion aren't necessarily fallacies, they're usually a rhetorical tactic employed only when the facts aren't on your side. And frankly, appeals to emotion don't cut in favor of the stereotypical K-1 applicant, since most people who don't know the process assume that Canadian-American couples like us don't have to go through it, and it's all about guys importing their third Russian bride, and really, no one thinks that person is terribly worthy of sympathy.

Nice post. Another thing to keep in mind is that USCIS is efficient from one standpoint. There is ONE form for adjusting status, even though there are many paths to a green card. There is ONE form to request work authorization, ONE AP form, ONE affadavit of support, the I129F is also used for spouses... it makes it easier to train personnel, it's easier to find the form (can you imagine the confusion here if there was a different type of form for every type of entry & adjustment route)... but what it means is that there aren't any shortcuts. This leads to a lot of redundancies, but I expect it cuts down on the number of errors.

[tmma 467]

We have a right to Life, liberty, and the pursuit of happiness and also fair and reasonable service from Government agencies.

Let us remember

The Preamble of the Declaration of Independence: We hold these truths to be self-evident that all people are endowed by their creator with certain inalienable rights. Among these are life, liberty and the pursuit of happiness. It is not ok for them to destroy the love US citizens hold in their heart or crush their hopes, their dreams, their longings, and their aspirations. I understand if there is good reason to deny someone entry to the US based on sound evidence that they would be a danger to our society or the person petitioning would be a danger to the beneficiary.

The right to marry who we want holds up in International Law

This is a logical fallacy called "appeal to emotion." It also begs the question. These are not Constitutional issues, and it muddies the waters to try to portray them as such. The focus needs to be on the real problems, not on ideals that tug at our heartstrings. The real problem is ineffective leadership and incompetent management of a very large organization. Nobody is trying to violate our basic Constitutional rights, they are just doing a poor job of managing the USCIS.

I agree the cause of the major problem is at the high levels and in current USCIS policies as well as outdated automation and not at the adjudicator level, however…

There was nothing untrue stated and the reasoning does apply. Furthermore;

The First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Marriage is a religious institution and if not allowed between a consenting man and woman and sanctioned by the church it would be a violation of our First Amendment. Granted National Security and actions to protect the petitioner or beneficiary would and have held up in courts, but one cannot simply state we have no rights in this regard.

One must remember, the United States was formed on a base of religion. One does have a privilege to be married if a church chooses to marry them and that my friends falls under their First Amendment rights to free religion. Therefore the indirect right to marriage exists because their religion agrees that they can be married and someone is willing to wed the two parties.

By the way, whether they are trying or not to violate our Constituitional rights is besides the point. Negligence is not a sound defense in a court of law.

Of course the right to marry whom you choose falls under the constitution, and USCIS IS NOT violating that at all. If you want to marry-go ahead and do so! Petition for a different visa than a fiance one.

As an American you have the right to pursue happiness and petition to have your foreign fiance[e]/wife/husband apply for a visa-but that's it..

We are not born with the " right" to move whomever we want here to live. An alien visa is a privilige; as in we have the right to apply for it- and in doing so we consent to the checks and vetting process-which due to the sheer volume and inefficency of the system takes time.

I don't blame the desk clerks-I blame the inefficent system in place

ETA- when I say " you" --I mean a general "you" not an individual poster!

Edited October 16, 2007 by tmma

[weedebz 0]

I'm sorry if I'm wrong and people feel free to correct me.

I remember reading somewhere when we were doing our initial checking into progress that there was an instance not too long ago where waiting times were overly excessive and USCIS were granted extra money to plough into sorting it all out, which they did and waiting times fell right down. I'm hoping that the fee increases will soon start showing in USCIS's profit margins and they'll have the same effect....either that or as what usually happens in a profit driven business (USCIS is a business and all businesses driven by profit) the extra cash will buy the high level managers a nice new shiney Lexus.

I know in a few months time I probably (hopefully) be sitting looking back thinking.....actually it wasn't all that bad. Just at this moment in time it really does feel that bad. Here and now it's frustrating, emotionally it hurts and financially it's draining..........but in the bigger picture of the life hopefully ahead it's an inconvience on the way to happiness! We'll probably all face harder challenges than this if we haven't already and come out the otherside!

still doesn't stop me being a frustrated irritable grump just now though

[tmma 467]

I'm sorry if I'm wrong and people feel free to correct me.

I remember reading somewhere when we were doing our initial checking into progress that there was an instance not too long ago where waiting times were overly excessive and USCIS were granted extra money to plough into sorting it all out, which they did and waiting times fell right down. I'm hoping that the fee increases will soon start showing in USCIS's profit margins and they'll have the same effect....either that or as what usually happens in a profit driven business (USCIS is a business and all businesses driven by profit) the extra cash will buy the high level managers a nice new shiney Lexus.

I know in a few months time I probably (hopefully) be sitting looking back thinking.....actually it wasn't all that bad. Just at this moment in time it really does feel that bad. Here and now it's frustrating, emotionally it hurts and financially it's draining..........but in the bigger picture of the life hopefully ahead it's an inconvience on the way to happiness! We'll probably all face harder challenges than this if we haven't already and come out the otherside!

still doesn't stop me being a frustrated irritable grump just now though

I can totally relate-I really can.

I filed last year-right when the IMBRA law change fiasco kicked off....Even though IMBRA was nothing to do with my then fiance and I, our petition was still sucked into the back log and mess that ensued. It's a #######, ineffective and wasteful system they use to process all stages of the visa process...frustrating as all he!! too...I remember it so well.

Honestly though, back then people would say " keep in mind, when he is here it will all seem like just a bad dream" and stuff like that. At the time I, I was so frustrated, lonely and fed up, I felt like telling them to shove their well intentioned words where the sun doesn't shine-but honestly once you guys are together it REALLY WILL be all just a distant bad memory & you guys made it to the other side of it all...together!!!

Best of luck!

And one can only hope that the fee increases will eventually improve the processing times all round!

[SpiritAlight 1]

YOU! You who started this thread:

BLAST FROM MY PET DRAGON!

I hate everything to do with this K1 process.

It kills a couple's romance (well, not all of it).

I feel devastated that other Canadian/USAian couples are already together and our approved petition is in the ether somewhere, floating, lost.

If a regular courier package can have a tracking number, why are our petition packages treated like this?

Seems so untechnological. And in this day and age it is unthinkable....something so important.

Well, phew.

I am super venting and this is truly great therapy.

Thank you for reading this.

I, too, have worked many times for the government; and I am not a slacker. I did work with some though. Ha!

Edited October 18, 2007 by SpiritAlight

[Aaron_WSU 0]

going through this whole process makes me wish that we had not done it the correct/legal way. My fiance could have easily traveled here w/o a fiance visa and we could have just filed at our local office. The whole fiance visa process is silly IMO. You ask permission from the govt. for your fiance to travel here legally... yet they could have traveled here legally anyways. I understand if it the fiance is from a country where they have to apply for a visa just to visit, but ally countries like Canada and Britain? Give me a break. Approve or deny them at their actual interview. Make them show proof of having met BEFORE the most recent trip.