P+J

Hey guys, a little update from my congressman's office;

"The background checks are cleared. The case has gone back to the officer but for right now, the officers are being told to do the I 130’s. We will have to keep following up."

I know it doesn't mean that we're going to approved next week, but still...

And it's bs that "the officers are being told to do the I 130’s" bc even here on VJ i can see the following:

I-130

VSC: March 8

I-129F for K1

February 8

Doesn't make sense at all

Yes. I'm thinking that maybe some of us who got stalled on backgrounds might be back with officer's now. Hopefully they'll figure out where the real backlog exists. These K1s will not adjudicate themselves and they aren't going anywhere. They're just going to make it harder for themselves later with the number of RFEs and the complete level of inactivity. I just hope we aren't all disappointed again...200+ days is pretty horrible. This is my last week to escape that nighmarish processing time..

in a few hours the game of Roulette will start again. This is a critical week for us jan filers..lot of us will be hitting 6.5 months which is a "remarkable" feat for a lot of us waiting. Im curious as to the updates that will be made in the morning.....good luck everyone

Definitely man..If this week's not it...Then God help us all. Next week would put me into the 200s..And push others perilously close to 200+ as well...Pathetic really that they've done this to all of us here. But we've all been strong, and this week should bring some good news...Let's hope they get busy on K1s this week. It not only benefits us but also will help them too. hah. I'm not sure if they think the K1s are going to just adjudicate themselves or vanish from existence? I'm sure that backlog isn't getting any better. I can't imagine why they would be focusing on I-130s right now when this kind of backlog exists..but maybe that was more manipulation and stalling tactics. I guess we will know soon..Just praying that we aren't all disappointed again this week...It's really getting out of control...

you should ask your congress person to confirm the exact status of your petition, like some people managed to do. Background check or is it with the adjudicator! We will ask for that information on Monday! We want to know exactly where is it and what the hell is happening with it, if anything... it's a simple question and a simple answer right? I am sure a congressperson or a senator can get at least that!

Yes. you're right Sabi. They need to request this information. It shouldn't be that difficult as many other offices have been able to inquire about the status of the petition. The letter I received from them said that he "urged them to promptly review this matter and advise him on what action they are taking on it." I always thought they had 24 hours to respond to these type of inquiries, so I'm not sure why I haven't heard anything back. The letter also said they'd contact me as soon as the response from USCIS was received. I just hope they have the necessary experience dealing with USCIS to penetrate the agencies walls and seemingly endless methods of deflection. I think Monday I'll need to just call the case manager again and if they haven't heard anything consider reaching out to my Senator as well..Just ready for this to be over now or at least have some idea of what's going on. I think it might have been some bad luck with where my file ended up too. There's been no action on the petitions surrounding my own since July 11...there's 8 that remained untouched. 5 approved. 1 RFE response review. Most of the approvals in my batch of petitions happened June 29th. I would have never believed we'd be approved in August back in April . It would be great to somehow have approval before that happens..Day 194 Monday...

I still think it's unfair that CSC is approving April filers while you guys still haven't been touched. Just not right.

It's a very hard wait...I never thought I'd be getting so close to the 200s before approval...If I don't receive approval this week I will be into the 200s...It's very depressing.

Glad to see that we're all getting closer...Congrats to Djricky!!Really hope I'll hear something this week...I'm going to be pretty sad if I end up in the 200s ... It doesn't seem to have happened to many people here...Seems like 1/18 received dates are still struggling along...Wish I knew what's going on with my petition.

this is where i take my leave of absence for the weekend. have a wonderful weekend guys and we will catch up back come monday either early morning or midday. want to see what up dates they make monday.

have a great weekend man! and maybe we'll be in for a good week starting Monday. I guess it can't be much worse than the week we just left behind. All we can do is go up from this point.

ok then I am lost

I'm thinking that they're just moving really really really slow...anything about the background was probably a stalling tactic at the 5 months mark...Today was certainly not a good day for K1s. Complete inactivity it seems. Let's just hope they bring some good news next week. 7-8 VJ timelines updated (for January filers) would be a great way to start the week...Are you listening VSC?

there wasnt any movement at all today @ VSC, its like they taking their casual time working on the petitions, no one approved from the jan list............this ish is crazy, i never dream i would be going pass 180, now its seems like 200 days for approval is a reality :help: . Does these peeps @ VSC even deserve to get tax payers money?

Approval next week will put many of us perilously close to the 200 mark...However, I guess the only thing that could be worse is that they were approving petitions, and we really were the only ones left behind. I just really hope next week can finally be it...Just would like to get out of VSC before August. . Let's just hope VSC - NVC can maintain it's current speed...would be nice for some luck after we get these NOA2s.

seeing a few denials these days......there were 2 yesterday evening. its highly possible that whatever stuff she said was missing from the petition is the likely reason for denial. maybe something an RFE could not fix. Im really sorry to hear about her denial, if your still reading Rachal, is it possible to post the stuff you forgot?

Yes. I wonder why it could not be corrected through an RFE? I thought denials were a very rare occurrence...maybe an inexperienced adjudicator? Maybe Rachal will shed some light on it. But regardless. it's very sad to see someone go through this..hopefully next week will be better for January filers...this was the worst week we've had here in a very long time.

does anyone know in an instance where you K1 petition was denied, is it possible to go to the us on a visa and just marry there and do AOS.........i know doing IR/CR1 would be the right thing, but would they hold the failed K1 petition over your head for the B1/B2 to AOS?

the problem is that once you file for the K1 and an adjudicator reviews the petition, the data is most likely collected in some way (that's how they know if a beneficiary has been involved in multiple K1s in the past). The denial is probably recorded somehow, somewhere, and even when applying for a tourist visa to the US in the future it could come back to affect the applicant. But even if they somehow managed to get in..you would have sponsored them for a K1 in the past and then suddenly married on a tourist visa...it wouldn't look good at all. it would never work. I would imagine once you start down this path...the only other option is marriage in the country of the beneficiary and an IR/CR1 if the K1 fails...I feel like the K1s run into problems more often than the spousal visas...

So if the K1 doesnt work out you're moving to Ukraine? Ive been thinking the same thing, out country is ridiculous for all that is happening to us all who is stuck right now!

Well I got the first response about the background checks on June 29, and it seems like it's been there for a while...

Neither of us has any criminal past! So idk what they've been checking for so long!

The only thing I can think of is that my fiancée tried to apply for a tourist visa with an invitation from my family last summer but was too scared to mention that we had a relationship and she got denied. But they couldnt be checking that for months...

Yes. I could do some work remotely (medical writing). and maybe even pick up a job teaching English (I speak some Russian). Who knows? Maybe I'd never come back ha...If I will marry her there, they wouldn't make me leave. Yes. that has been a very long time for a background check (and the check is mainly on the petitioner at this point) The consulates handle the beneficiary....I think maybe it was a stalling mechanism to just get the office of their backs as they were beginning the big slow down. This denial has really put things in perspective. And I feel very bad for RachAl. We're all like a family here and everyone is in shock..After almost 7 months, she's denied...for no reason at all!

It's bad news especially after waiting all that time. I would think of it as a change in direction, not a loss.

Just life. Maybe you will really enjoy life living with him. Who knows you might not come back to USA.

I have been preparing myself from day 1 to go live with my Fiancee if this K1 stuff doesn't work out.

I call it my ultimate Plan B. Its pretty detailed and made me feel great knowing that no matter what we would be together.

You can do a K3. But wait until you find out why it was denied first...

Same thing with me O&M. I have always had Plan B ready too. I couldn't let so much power remain in the hands of people who do not know or care about me..Just a number and a file...I'm certainly moving the idea from the theoretical to a very possible option now...there have been quite a few more denials than usual lately...And this most recent situation proves that you have absolutely no guarantee that something like this won't happen.

He never over stayed, no. Every reason I can think of for a denial, we don't have or didn't do! I don't know what it could be! I never got an RFE, but we were expecting one, because I never found this site til May, so I didn't realize a couple of the papers I should have sent. I knew they'd ask for those. But that wouldn't be a reason to be denied, I know this because as soon as I realized I forgot those things, I called USCIS and was ASSURED they we wouldn't be denied for that, just RFE'd.

I have a great job here, a leased car....he is just getting started back home after working here last year, so we won't have much there. But it's a hell of a lot easier to get into Ireland than it is the U.S. I can't believe that's what has to happen now....but I'd do anything to be with him. No question.

:( If it's not too personal, what things were you missing exactly? I honestly want to ask the attorney I used about what they've seen the past 25 years doing this...it just seems so arbitrary and cruel...It would be interesting to see if they've ever heard of such a thing...

Hey there, well i got my first response the day after I emailed the office and was in communication with his personal assistant since that, sometimes she replies right away, sometimes takes longer, the last time I asked she didnt get back with me for 5 days, so i wrote a very long letter let me quote it: "...I just don't understand how this could be happening at USCIS that they are taking over 6 months with the petition that should receive some action within 5 months. I paid for their service and don't receive any, I'm a regular tax payer also, but still my government does not want to return a favor..." and thats just a part of it!

She got back with me within an hour with the earlier mentioned reply...

Having seen two denials I dont even know what to think of right now...

Me either...I'm very worried. This past month has been a nightmare. I guess I'll just get my affairs in order so that no matter what happens the separation will be over for me. I just don't know what to expect anymore. If they're issuing arbitrary denials now then god help us all...I wonder how much is background checks and how much is slowness. I guess at least they are still reporting January 16th as the processing date so technically there's some kind of backlog..But this turn of events really bothers me...and it will be even harder to sleep at night now....

Yeah.....that January 12th petition? That was us:(

Guys...why!? Why would we be denied?? What reasons could you be? We have no criminal records, nothing. The journey is over for us now. I cannot wait any longer. We must be together. I am gonna get everything in order to move to him and marry him there. Does anybody have any advice? I'm in shock. Complete shock. 6.5 months and a denial. I don't understand!

If I live with him there, can I apply for a marriage visa for the U.S. in like a year? I am certain I am going there. That's the only way. I pray no one else gets denied. What an unbelievable, horrible nightmare this year has been.

omg..now..I think it's time to be terrified...what an arbitrary and frightening turn of events...I'm in shock and I'm so sorry to hear this. I've never heard of this happening before (without a very significant reason). I really wish I had just gotten married and done an IR1 or CR1 now. I really don't feel like they take the K1s seriously...Well, I'm going to mentally prepare myself for anything now....Even if it means living in Ukraine for a year. Or maybe I won't come back at all..ha. This is crazy.

Guys, some bad news... Thats the response i got from my congressman today:

"Your case was delay initially due to background checks. The Processing time report does not reflect those cases that are due to background check delays. They told me this morning that the Service Center is concentrating on a different type of petition, I 130’s so that will cause further delays. I am happy to discuss so please call..."

How long did it take for you to hear back from your Congressman Dare Do? I haven't heard anything yet...Guess they will allow this backlog to continue to grow..

updates today:

January 12:

1 x denial

oh this is so bad...

it is....there is absolute no effort directed toward adjudicating K1s...it is scary....

i only wish is that i dont get a mean adjudicator, it really sucks to wait 6 and a half month just to get that. and then they take so effing long to reply to the response

Yes...It's really not fair...Maybe they'll do some K1s today, but I'm not very confident. This week they seem to have been busy with something else. It's definitely been one of the slowest weeks that they've ever had.

i guess we are screwed then.......and the wait gets longer, so after 6 months of waiting, we gonna get RFE for something as simple as that

Maybe they won't notice. Or the adjudicator is in a very good mood that day. .. Wish they would just get moving on these petitions so people can move forward and address things like this. It's a small technicality, and the directions did not explain it very well...you're positive that the certificate was not state certified? it was directly from the hospital?

i dont understand when both my fiancee's birth cert are saying state of *****, how do you know which is the offical state one in that case?

the hospital issued form (although often called a birth certificate is more of a birth record). It is typically the long form as several people have mentioned here. The difference between birth certificates and birth records is the fact that birth records are the uncertified versions of the certificate. What this means is that both have the same information, however, the uncertified record cannot be used for legal proceedings, so USCIS asks for the state certified record.

is it possible to shed some light on this issue of RFE and Birth cert... it hink its stupid to give an RFE for that after someone waited for 6 months, besides, isnt it the same information on both. Im starting to worry cause it seems like we sent the hospital version

I think it's a common mistake...I almost did the same thing. But my attorney caught it...I guess they did something right...I guess state one is what they always want. has anyone received approval with the other version?

your right..strength in numbers is the key..and like i have said before, we january filers are sitting at 190 days or more with no activity and the domino effect is just going to keep rolling along, so what are the february, march and april filers looking at? not a positive picture to be sure

Yes. Some of us will be joining the 200 club. It's a path forged by suffering....I didn't want to ever be a member of it...but it could be inevitable unless some action begins at VSC. It's been unbelievably slow...

I just wish my fiance congressman could help you all ! She is specialized in immigration issues, especially dealing with VSC and let me tell you, she kick #### ! We were very lucky !

Yes. I'm not sure what to expect from my Congressman at this point...I was hoping maybe some sort of update by the weekend. I guess I could try my Senator next as he has drafted immigration related legislation recently..so maybe that's my next option...Or maybe all will be okay and I'll get a non "canned" response or even an approval...

Updates !

Just called NVC and they did not received my case yet and told me it could take up to 3 weeks before they receive it from VSC... I guess I'll keep calling !

Hopefully next week they'll have it for you! 2 weeks seems to be entirely possible for it. will be interesting to see the trends of VSC - NVC...and for the rest of us...Hopefully VSC wakes up tomorrow. Just give us at least one decent day please...

yup, i saw that denial. pretty sad.all these RFE they giving out gonna come back and haunt them....its only slowing up the process.

Yup..Just feels so anemic with the approvals right now..Even though we aren't seeing anything on VJ, we should be seeing significantly more movement when going through the numbers...there's just so many petitions that remain untouched or RFEd. Just seems like it keeps growing..feels like they just want to work January forever. Noticing a few more February petitions coming through...But just adds more to the mystery of what is going on over there.

Update from our senator: Terry actually managed to get through to Jeff Bingaman himself. He said he would ask the USCIS to expedite our case... I don't keep my hopes up, we will see what will be the result of that...

Updates for today:

January 9:

1 x denial

January 10:

1 x approval

January 18:

1 x RFE

January 4 :

1 x RFE (after almost 7 months!!!)

There are still like 12 petitions untouched from January 5, I hope it's just a glitch and they didn't update the system and those people actually got their NOA2 in a post!

wow. still a snail's pace for sure...I will look into my Senator next week...I thought USCIS had 24 hours to respond to Congress so I'll be surprised if there isn't any information by Friday...I'm interested to know their official response. Just hoping it's not canned ..Maybe Senators are more experienced with intricacies of Expedites and navigating the USCIS system. Hope so..and really need some more approvals later..it seems like they just have 1 adjudicator randomly picking off a few K1s each day. I don't see how it continues at this rate without the system just being overwhelmed beyond recovery by one service center.