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Fianc?e) I-129F Petitions Recalled by DHS


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Guest ShaQuaNew
Can anyone think of another case like this where our government has passed a similar law solely for the benefit of citizens of other countries?  Is this something routinely done, or is it breaking new ground?  This inquiring mind would like to know, even if just to satisfy my curiosity

 

I hope this law does make a difference and helps prevent people from becoming victims but we have become a country where breaking the law is not only socially acceptable but has even become a game with many players; just look at all the CB radios and radar detectors in our automobiles.  It is hard for me to believe that this law is the best way to solve the problem, but at least it seems to be a start.

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Human rights activists often have well-meaning but misguided intentions. It is not the responsibility of the US government to prevent people from making bad decisions. Every year, there is more litigation in our courts from people looking to blame and recoup losses for errors in judgement. While it's sad to see the innocent become victims, there is much to be said for learning the value of making good choices.

 

Yes, there are predators travelling to poor countries around the world, preying upon women and children that are desperate. This is a sad state of affairs in the world, but the US cannot, nor should it assume the responsibility of other governments.

 

No one really knows if this new legislation will be effective at all, and history shows it not very likely. The chances are extreme that there will be far more innocent victims caught up in red-tape and extended delays than potential victims prevented from pairing up with madmen.

 

I still contend with my argument before this legislation was passed. Adding a checkbox on the beneficiarys visa forms that states:

 

"Beneficiary may, at beneficiary's expense, obtain a background check of the petitioner's criminal history."

 

This action should be privatized, and conducted by a private background checking company.

 

I am saddened when the government steps in the picture with this sort of thing because it rarely helps.

Edited by ShaQuaNew (see edit history)
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I have no doubt that the new policy is intended for good purposes... but irregardless of what it's purpose is, there are two serious issues at play:

 

1) Making a policy apply retroactively, which tosses hundreds of people's lives up into the air - not knowing when, where, or if they'll land, is simply unacceptable. Give notice of the change, give an adjustment period, make the change, move on. The way that this happened is... I'm guessing most of the words that come to mind aren't allowed on this forum, but you get the idea.

 

 

2) It is 2006. We have instantaneous communications with a space station. Buddhist monks in Tibet have cellphones. China and Russia, two great challenges for the United States, are now for the most part all being tied together in globalization.

 

So how in the flying **** can they justify it taking 6 months to process paperwork... much less the more common 1 - 2 years? What exactly is the point of petitioning to apply? In any non-twilight zone world, you apply, it is processed in a reasonable time, and people go on with their lives.

 

What percentage of the time that it takes to 'process' an application is the paperwork just sitting in a file somewhere doing nothing? Meanwhile, two people that want to move to the States and make a positive contribution to the society, culture, and economy, are forced to remain in exile...

 

 

 

(Yes, I've lost it.)

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I don't see anything retroactive about it.. they made an error and petitions slipped through without the checks... they are being called back. I'd expect nothing less... it's a directive and some errors were made and deadlines not kept.

 

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"The International Marriage Broker Regulation (IMBRA) was signed by the President January 5th of this year. A 60-day deadline, March 5, 2006, was established for DHS to begin asking K-1 fianc~{(&~}(e) petitioners for

their criminal background information. DHS did not meet the deadline for collecting additional information. Some petitions filed after the deadline were approved in error under the old procedures and sent through the National Visa Center (NVC) to posts for processing. Approximately

1100 cases went to 95 IV-issuing posts. Posts are preparing to return these cases as quickly as possible to NVC. End Summary. "

 

 

My guess is that you personally, through VSC, will be affected the least, if much at all...

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I don't see anything retroactive about it.. they made an error and petitions slipped through without the checks...  they are being called back.  I'd expect nothing less... it's a directive and some errors were made and deadlines not kept.

 

---

 

"The International Marriage Broker Regulation (IMBRA) was signed by the President January 5th of this year.  A 60-day deadline, March 5, 2006, was established for DHS to begin asking K-1 fianc~{(&~}(e) petitioners for

their criminal background information.  DHS did not meet the deadline for collecting additional information.  Some petitions filed after the deadline were approved in error under the old procedures and sent through the National Visa Center (NVC) to posts for processing.  Approximately

1100 cases went to 95 IV-issuing posts.  Posts are preparing to return these cases as quickly as possible to NVC.  End Summary. "

 

 

My guess is that you personally, through VSC, will be affected the least, if much at all...

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Ah, you are correct. USCIS and DHS made errors in not talking to each other. What makes it retroactive is that the errors started on March 5th... and now, every family who sent in visa applications after March 5th simply doesn't know. We're not just talking about potential time here... we're talking about families losing money from this error.

 

Why, oh why, are innocent people being punished for the bureaucracy's error?

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Guest ShaQuaNew
My guess is that you personally, through VSC, will be affected the least, if much at all...

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David, actually that does NOT appear to be the case. VJ has been tracking those whose interviews have been canceled, and so far only those whose petitions were processed by VSC have been affected....

 

see that last page of this long link....

 

http://www.visajourney.com/forums/index.php?showtopic=13584

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My point is: Yes, this is a good law. It should have been enacted years ago. But, why does it take them so long to do anything? Why do they ask for a ton of information on the I-129F if they don't use it? There is enough information to know the life history of the applicant. I have said this before, being in law enforcement at one time in my life, I know for a fact that you can punch in a person's s.s.# or driver's license number and find out if this person has a criminal history. That used to take a minute or less. It's probably much faster now. Yes, I realize that they have a lot of cases to deal with, but this is not rocket science. Also, no one knows how long we will have to wait. If we only knew that, it might help us deal with it. Tell me it's another month wait and I can deal with it. And one more thing -- for anyone who has lots of patience, that phone number listed for USCIS is good AND you can actually talk to a real person if you hang on the line long enough. I had to get back to work and couldn't wait. :(

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Guest pushbrk
My guess is that you personally, through VSC, will be affected the least, if much at all...

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David, actually that does NOT appear to be the case. VJ has been tracking those whose interviews have been canceled, and so far only those whose petitions were processed by VSC have been affected....

 

see that last page of this long link....

 

http://www.visajourney.com/forums/index.php?showtopic=13584

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As for interviews cancelled, that makes sense. Most of the cases processed at other service centers haven't made it to post and had interviews scheduled. Every one that came in after March 5 will be returned to the states. Those with interviews cancelled will probably be ahead of those with petitions still waiting to clear customs in GUZ because the Post has their petitions on hand to return NOW.

 

The wild card is how long it will take for USCIS to get its act together to gather the information needed to comply with the law.

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My point is:  Yes, this is a good law.  It should have been enacted years ago.  But, why does it take them so long to do anything?  Why do they ask for a ton of information on the I-129F if they don't use it?  There is enough information to know the life history of the applicant.  I have said this before, being in law enforcement at one time in my life, I know for a fact that you can punch in a person's s.s.# or driver's license number and find out if this person has a criminal history.  That used to take a minute or less.  It's probably much faster now.  Yes, I realize that they have a lot of cases to deal with, but this is not rocket science.  Also, no one knows how long we will have to wait.  If we only knew that, it might help us deal with it.  Tell me it's another month wait and I can deal with it.  And one more thing -- for anyone who has lots of patience, that phone number listed for USCIS is good AND you can actually talk to a real person if you hang on the line long enough.  I had to get back to work and couldn't wait. B)

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The sad part is they will probably create a new position and need to train someone to do this.

 

In most bureaucracies it has less to do with getting the job done, but making sure you have all the potential decisions documented so that the person in the new position can do their job without being responsible for making any decision. :rolleyes:

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My guess is that you personally, through VSC, will be affected the least, if much at all...

217964[/snapback]

David, actually that does NOT appear to be the case. VJ has been tracking those whose interviews have been canceled, and so far only those whose petitions were processed by VSC have been affected....

 

see that last page of this long link....

 

http://www.visajourney.com/forums/index.php?showtopic=13584

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of course VSC has the most interviews cancelled.. They're too damn fast...

 

The line of thinking that I was following at VJ was that:

- VSC has more after 3/6 than other centers.. their primary efforts are to push these forward and halt on those prior (which appears confirmed).

- The other centers have more prior to 3/6 and so they are not halting on processing submissions...

 

Because of VSCs efficient, they will get through their workload faster..

 

and I was comment specifically to someone with a receive date at VSC after 3/6.. which implies he's getting processed (not halted)....

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Why, oh why, are innocent people being punished for the bureaucracy's error?

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This is the Department of Homeland Security at work again, that same poorly conceived and organized department with the inept and incompetent management that demonstrated their efficiency and effectiveness with the Katrina debacle. And if anyone wants another example of their management skills, take a look the efficient and timely operation of their California Service Center.

 

Many innocent people in New Orleans met their deaths because of DHS's incompetence. The worst "punishment" we are facing is only a delay. We should consider ourselves lucky!

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Guest pushbrk
My guess is that you personally, through VSC, will be affected the least, if much at all...

217964[/snapback]

David, actually that does NOT appear to be the case. VJ has been tracking those whose interviews have been canceled, and so far only those whose petitions were processed by VSC have been affected....

 

see that last page of this long link....

 

http://www.visajourney.com/forums/index.php?showtopic=13584

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of course VSC has the most interviews cancelled.. They're too damn fast...

 

The line of thinking that I was following at VJ was that:

- VSC has more after 3/6 than other centers.. their primary efforts are to push these forward and halt on those prior (which appears confirmed).

- The other centers have more prior to 3/6 and so they are not halting on processing submissions...

 

Because of VSCs efficient, they will get through their workload faster..

 

and I was comment specifically to someone with a receive date at VSC after 3/6.. which implies he's getting processed (not halted)....

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I'm not following past your first sentence. Maybe the pronouns are confusing me. Of course VSC has more interviews cancelled because they were fast enough to get cases processed more quickly.

 

Has more what after 3/6? More cases scheduled interviews? Sure. Ok.

 

Has more cases submitted that haven't been approved yet? Really?

 

Push these forward? What "these". Halt those before? What "those". "Halt" doing what?

 

I'm sure you know what you mean and you are probably right. I just don't follow what you are trying to say.

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Guest pushbrk
ok Now i am confused, The nebraska service center recieved my 129f on the 2nd of may. Now my visa is denied ???????????

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Start by reading the telegram. NO, your SO's visa is NOT denied.

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