Forum	Title	Content	Member	Sex	Country	Date/Time
K-3 Spouse Visa Process & Procedures	terrible report from USCIS via senator	ninjarocket, yes, I had that same feeling... when it was around 180 days, I was getting anxious and called every week.. now I am even more anxious with everything that has happened to me.. and my timeframe is 400+ days now.. (it's in my signature if you don't believe me).. most of the people I met on Visajourney are gone and have been approved now.. I don't visit as often as I used to because posting here doesn't really help me.. I will post if I have experienced before (such as this so-called "security checks").. there is no such thing.. I even have phoned (transferred) to FBI and they said that most are completed in less than 1 week (48-72 hours).. so don't give up.. NEVER let them (USCIS) control who/where you want to be with.. keep fighting for your spouse like I will do.. people say that "don't fight the government" and seem to be afraid of them.. well, I'M NOT AFRAID..	gogo	Male	China	2008-06-11 12:23:00
K-3 Spouse Visa Process & Procedures	terrible report from USCIS via senator	you guys are still stuck in security checks? well, I am going to call them everyday now and bother the hell out of them.. I also initiated the "writ of mandamus" and that is in progress.. the demand letter ( 30 days has passed already) was not responded to (even the lawyer said so), and they will file the complaint now and they will have 60 days to approve the case.. with a 30-day extension.. for those who haven't followed my story, I also wrote letters to congressmen, vice president, president (white house) and other people (about 100+).. and also received a local office interview and "passed" it (also brought my parents - February 2008).. they said everything looks ok and said that I would get approved, but I never received the NOA2.. they keep delaying, so I decided to hire a lawyer and do a lawsuit.. I wrote a letter to President Bush and he (or his office) forwarded to Dept of Justice (with a letter sent) and also forwarded to FBI (where the Records Name Division wrote back a letter stating there were no security checks on my case)... haha, I have been through a lot and still fighting.. now I am not even nice to them on the phone anymore.. seems there are a lot of people that are under security checks =( I just called them today, and they still don't know what is going on with my case.. I hope that I can get approved soon.. I don't know why they are doing it based on processing times.. maybe they are, they just looked at everything ONCE and that's it.. Edited by gogo, 11 June 2008 - 11:57 AM.	gogo	Male	China	2008-06-11 11:55:00
K-3 Spouse Visa Process & Procedures	MESSAGE OF ATTORNEY	it means the case hasn't been approved yet.. the lawyer said it is because the service center that processes your application is slow..	gogo	Male	China	2008-06-17 17:49:00
K-3 Spouse Visa Process & Procedures	VISA for LOve...isn't ENOUGH!	almost there.. congrats!!	gogo	Male	China	2008-06-19 09:25:00
K-3 Spouse Visa Process & Procedures	our jouney	awww, I love you guys too...... just not the USCIS..	gogo	Male	China	2008-06-19 17:05:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	I checked it out.. thanks MsZ... but the thing is they can't help with cases that are still pending.. it has to be approved first.. I even received the form to fill out and send back to do a FOIA request.. but it should result in a dead end again.. I didn't try it, but maybe I should..	gogo	Male	China	2008-06-18 12:54:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	they said I sent both petitions in .. they told me I should only send I-130 in.. Also, one of the CSRs I spoke with on the 1-800 number stated I had an A# on my I-130.. One of the boxes told you to fill in the petitioner's citizenship and how he got it.. and almost everyone asks me "are you a citizen or permanent resident?".. I get that a lot.. maybe they thought I was a PR instead of Citizen..?? stupid people..	gogo	Male	China	2008-06-18 12:26:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	haha, we won't give up.. and you don't give up too.. I'm in this until the very last day and will keep putting up a fight.. I'm still in shock as of the "place in line" thing they said.. for example, if you are in a line of 100 and they take a look at your app due to a service request or other thing.. they said they put it right back at the end of the line.. you start 20th, let's say, then you end back at 100..	gogo	Male	China	2008-06-18 11:15:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	according to 2 of their lawyers, it seems ok to do.. I'll email them tomorrow to see how the status of the preparation is coming.. they are preparing the case now and asked me for evidence of "financial, emotional, and other harm".. "In preparation for the Mandamus, I would like to request details from you as to what your specific emotional, physical, financial harm that you have and continue to suffer due to the indefinite separation from your wife. I will include these details in the complaint. " I have already sent them a folder with everything (letters to senators and others, the FBI letter with no security checks, and my personal letter to everyone who I faxed - about 3+ pages about what I feel, haha.. ) we will see in a few days..	gogo	Male	China	2008-06-18 10:08:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	ok, count me in.. haha, but the thing is we need a lot of people who have the same problem (or similar problems).. you know what else they told me? when I do things like "call in" and "service requests".. they pull my case out and put it back at the END of the line.. what the hell? example: out of a line of 100, I'm in 20th place but then I do a service request or call in they take it out and respond to the SR then they put it back at 100th position that's what they told me at the local office in LOS ANGELES.. and then they laughed at me and said I filed my stuff wrong.. I wasn't supposed to do TWO Applications (I-130/I-129F).. the supervisor was shaking his head and laughing at me.. I said "most of the people do it this way.. file the I-130 , then get the NOA1, then file the I-129F as K3 visa".. if I do the I-130 only, I would get the IR1/CR1 option..".. then they wouldn't even give me a pen to fill out a request to speak with the 3rd higher supervisor.. that was my infopass experience this time.. I'm not going back because it was the same two people I had last time (I had even brought my dad who likes to argue, lol.. and it still didn't work).. Also, the security guard came by and told me not to raise my voice.. why can't I raise my voice? I "bought" something (an application) for them to look at and it is still not done.. I'm a "customer".. ANY store you go to you have the right to complain if the thing isn't done right.. Edited by gogo, 17 June 2008 - 12:50 PM.	gogo	Male	China	2008-06-17 12:49:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	haha, there are a few that are longer.. or about just as long.. actually I know a few but they gave up at the end.. went through a divorce.. I'm not going to go down that road.. I have fought for her from the beginning and will continue to do so.. the worst case scenario is for me to move back to China and be with her.. I would lose my government job and other stuff to be with her.. We may have a harder life, but we will be together.. USCIS can't take away this from us.. my countdown still applies (in my signature).. I update it as I go along.. so another 6 months would be my deadline.. with that deadline, it will be over 600 days and that's way too long.. if USCIS can't do it by then, they just can't do it.. although I have seen people with lot longer times (but they are I-485, naturalization).. http://www.ailf.org/..._mandamus.shtml take a look at some of these cases.. I know only a very few deal with I-130 and I-129F.. so it still applies to me.. guess USCIS has all sort of protection laws in case they get to court.. Edited by gogo, 17 June 2008 - 12:28 PM.	gogo	Male	China	2008-06-17 12:25:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	not sure.. but we may need a few people with the same problem for them to consider it .. do you know of others who are still active that have this problem?	gogo	Male	China	2008-06-17 11:54:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	ok, thanks rebecca.. guess I need to do more research.. but it is hard to find something on the I-130.. even the USCIS 1-800 CSRs said it was very very rare..	gogo	Male	China	2008-06-17 09:14:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	haha, MsZ.. that's right.. I played it through my mind a hundred times.. but I just needed a straight-forward answer... not something like "you are still under additional processing".. or like what they gave me today (they just transferred my case to here.. it's been at the local office for the last 7 months)..	gogo	Male	China	2008-06-16 13:02:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	thanks guys.. look what I found here about lawsuits.. http://www.ailf.org/..._mandamus.shtml (near the bottom) this is one of the excuses that USCIS uses (Anticipating the Government's Answer and Preparing to Respond SECTION) 1) There is no right to immediate adjudication of the application because USCIS cannot adjudicate an application or petition before the name check is completed. * USCIS has argued that (a) no statute or regulation provides a time period in which USCIS must adjudicate an application and ( the agency has discretion to conduct background checks under 8 C.F.R. §103.2((7) (providing that the Service may "direct any investigation" necessary to the processing of applications or petitions) and withhold adjudication under 8 C.F.R. §103.2((18) (authorizing a district director to withhold adjudication of a visa petition or other application due to an investigation in connection with eligibility or the exercise of discretion). See Zahani v. Neufeld, No. 05-1857, 2006 U.S. Dist. LEXIS 56416, *7 (M.D. Fla. 2006) (holding that 8 C.F.R. § 103.2((18) provides USCIS with discretion to withhold adjudication of an adjustment of status application and that delays caused by the FBI are justifiable); Gemini Realty, Inc. v. Gonzalez, No. 06-786, 2006 U.S. Dist. LEXIS 74194, *11 (M.D. Fla. 2006) (8 C.F.R. § 103.2((18) provides that if " . . . the application is not processed within the first year, the Government is given addition [sic] time, in six-month increments, if certain factors are met. . . [a]t all times, the decision to withhold adjudication remains in the discretion of the agency"). in other words, they can keep delaying our cases forever.. Edited by gogo, 16 June 2008 - 01:00 PM.	gogo	Male	China	2008-06-16 12:59:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	have you tried doing a writ of mandamus? I hired a lawyer at the end of April this year, and currently in the process of filing a lawsuit.. There really isn't much data on people who file this for the I-130.. only for naturalization (green card) problems.. http://www.visalaw.c...b3/2feb305.html (I know this one is old, but it is good general info on it) http://www.ailf.org/...c_pa_081505.pdf I miss her a lot (even though I just went back about two weeks ago); it's just not the same when we are apart =( Edited by gogo, 16 June 2008 - 12:00 PM.	gogo	Male	China	2008-06-16 11:56:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	I know.. but most of us filed I-130 and I-129F... he said because of that, my case got delayed.. what a load of #######..	gogo	Male	China	2008-06-16 11:13:00
K-3 Spouse Visa Process & Procedures	WENT TO INFOPASS..	officer said "they just transferred my case in May 2008 to the local office".. I thought it was sent already November 2007 (I told them that).. they say it is only 2 months time and to wait more.. so I said "what happens to the time from April 2007 to May 2008??".. His reply was that they dont' know.. so I raised my voice and wanted to see a supervisor.. but then I met had guard steaming down my neck and he told me to not raise my voice or he will kick me out.. I talked with the supervisor and he told me to fill out a form , but the thing is that none of them will give me a pen to use.. All of them have NO HEART.. they don't care about what I have been through.. the lawyer is my last choice, and I hope that something will come through.. in short 1) met officer to talk with 2) talked with supervisor 3) met the guard for raising my voice 4) filled out a form (to request to speak with supervisor) with a customer's pen 5) they told me they receive the case in May 2008 (I filed in April 2007) and told me to wait .. they said the cases are "consolidated" now (it has been since November 2007, ####) 6) **WEIRD THING** they told me I filed TWO applications and I wasn't supposed to do that (I-130/I-129F).. he said because they have to "consolidate" it now, so that's why it takes more time than other people.. no ####, they had "consolidated" back in November 2007.. I told him that most people do it this way (explained I-130 gets IR1/CR1, and that I-129F gets K3 visa).. he didn't care for the answer.. he was like "who taught you all this?".. he said I was supposed to only go with the I-130.. and by filing the I-129F, I made it slower on myself.. Edited by gogo, 16 June 2008 - 11:06 AM.	gogo	Male	China	2008-06-16 11:02:00
K-3 Spouse Visa Process & Procedures	RFE after two years.	yes, at least they are looking at your case.. and make sure they KEEP LOOKING at it.. it seems once they stop, it's hard for them to continue..	gogo	Male	China	2008-06-13 09:27:00
K-3 Spouse Visa Process & Procedures	RFE after two years.	it probably takes a week or two (from what I read before in other topics) to get the RFE.. if after a week, then keep calling them don't worry, it seems to at least be moving.. a lot better than where I am at.. Edited by gogo, 13 June 2008 - 09:22 AM.	gogo	Male	China	2008-06-13 09:22:00
K-3 Spouse Visa Process & Procedures	New Anouncement from USCIS Acting Director	haha, I posted my comment 3 times on the website and still it doesn't show.. so you can tell they know they messed up bad.. to tell you the truth, I'm really against America now because of this =( nothing seems to be going right here for the people.. tell me one good thing that has happened recently..	gogo	Male	China	2008-06-24 18:03:00
K-3 Spouse Visa Process & Procedures	New Anouncement from USCIS Acting Director	haha, thanks but still doesn't explain why allow some comments and delete others	gogo	Male	China	2008-06-24 09:48:00
K-3 Spouse Visa Process & Procedures	New Anouncement from USCIS Acting Director	so where did my comment go on the USCIS website? guess they even filter out there too.. they just want all the "nice" comments.. Edited by gogo, 24 June 2008 - 09:36 AM.	gogo	Male	China	2008-06-24 09:36:00
K-3 Spouse Visa Process & Procedures	New Anouncement from USCIS Acting Director	because married adults don't get CAPS.. we aren't supposed to get any.. Here is the comment I posted on the USCIS website... ==================================================== Director Scharfen, if you ACTUALLY do read these comments, I'm going to post my case numbers for all to see and you can tell me what's wrong with them. I filed my I-130 April 13, 2007, and my I-129F June 4, 2007. I have had numerous problems with the case 1 - transfer of both cases to local office "security checks" on November 2007 1.5 - wrote letters to congressmen, senators, attorney generals, vice president, president, ombudsman , FBI (received letter from FBI, Michael Cannon, Records Management Division Chief, stating I had no security checks on my case - March 2008) 2 - had local office interview on February 2008 with Examiner "John Tu" who is at the 8th floor of the LOS ANGELES DISTRICT OFFICE - I had both my parents there and the interview person said everything will be ok and that I will get my approval notice within 2-3 weeks, but still nothing as of June 2008) 3 - hired lawyer in May 2008 to do a "writ of mandamus" - you probably know what that is so I don't have to tell you - and will continue to pursue this with a team of lawyers until this gets resolved FAVORABLY. Summary : I had nothing wrong with my case. I submit my I-130 in April 2007 (received the Notice of Action on May 29, 2007) so I can file the I-129F on June 4, 2007. I was applying for a K3 visa and stated my case on both petitions. I also included lots of evidence (20+ pictures of both sets of parents together at our wedding party, including her side of the family, wedding invitations that we sent out, 3 affadivits of people who knew us, telephone records, emails). I have 3 backpacks full of information of more evidence that I update (Skype phone history + home phone history starting from 3 years ago, emails (over 1000+), Western Union receipts, gifts receipts , wedding day receipts, hotel receipts, and a whole backpack full of pictures - over 1000+ in many albums of my many trips to China). So I have done all I can and yet to hear an answer. Thank you, P.S. You have my contact info from the petitions that I sent, so it really isn't hard to contact me. I wait to hear an answer from you. we should all post our case numbers for him to see.. let's make a list and post it in the comments that's what I did on my comment.. Edited by gogo, 23 June 2008 - 12:29 PM.	gogo	Male	China	2008-06-23 12:30:00
K-3 Spouse Visa Process & Procedures	New Anouncement from USCIS Acting Director	spouses don't get the CAPS, MsZ (haha, sorry not to get mad at you)... while others do.. so I don't get it either.. and yet from the front page today, they are letting in REFUGEES from Iraq.. so if I blow up my spouse's house then she will be a refugee and can come that way? I can buy her family a new house (since it's a lot cheaper in China) and she can come.. yay, a win-win situation.. Edited by gogo, 23 June 2008 - 12:11 PM.	gogo	Male	China	2008-06-23 12:11:00
K-3 Spouse Visa Process & Procedures	New Anouncement from USCIS Acting Director	I'm going to post my case numbers up for him to see.. I think others should do the same.. He said the "processing times" were those that were already COMPLETED.. then why the #### is my case still pending?	gogo	Male	China	2008-06-23 11:52:00
K-3 Spouse Visa Process & Procedures	Cancel K3 petition and file K1	thank you Paris Heart.. and I wish that your journey would be restarted soon and get approved =) you should do some more research on this before you try it though.. it's better to be prepared than sorry later on.. they might put a new rule saying once you do K3, you can't do K1 or something like that.. I sure hope not.. there should be people who ask this question before.. maybe not on here, but elsewhere.. good luck!!	gogo	Male	China	2008-06-19 18:09:00
K-3 Spouse Visa Process & Procedures	Cancel K3 petition and file K1	to tell you the truth though.. I wouldn't risk it.. that's why I didn't do the fiance visa in the first place.. if I got a "deny" on that, then I would have a strike against the K3 if I did apply for that next.. now I have a reason that I can fight with.. USCIS will always come up with reasons to protect themselves..	gogo	Male	China	2008-06-19 18:05:00
K-3 Spouse Visa Process & Procedures	Cancel K3 petition and file K1	they will probably look as to why you did that.. also, it may give them a reason to deny or ask for more INFO.. and the time in-between marriages also can be bad.. I think The K-1 is more riskier too.. but I'm sure you can do it this way... Again, if you marry the same person, they can tell right away too.. =( Edited by gogo, 19 June 2008 - 05:59 PM.	gogo	Male	China	2008-06-19 17:58:00
K-3 Spouse Visa Process & Procedures	The Interview was a sucess	congratulations!!	gogo	Male	China	2008-06-24 18:12:00
K-3 Spouse Visa Process & Procedures	Nearing 1 year of waiting at VSC	nice.. so it does only take about 3-4 months time after the approval to get pretty far (near the interview at least).. I can wait that long.. that would be extra nice once it happens to us..	gogo	Male	China	2008-06-24 17:21:00
K-3 Spouse Visa Process & Procedures	Nearing 1 year of waiting at VSC	yay, all these people support you, jonbless... why don't you try the writ of mandamus (well, only as a last resort like me).. I'm not sure how long I should wait before moving back there.. I think I'll stick with my original deadline in my signature.. with 600+ days, it should be good to say it's over.. It will be harder for us to live in China, but at least we can be together and start a family..	gogo	Male	China	2008-06-24 15:23:00
K-3 Spouse Visa Process & Procedures	Nearing 1 year of waiting at VSC	awww... so sad.. even the_dip_sticks got his approval.. I hope that you and I get approved real soon.. are you going to do a writ of mandamus soon? The lawyers are still preparing the writ of mandamus.. about 2 weeks now, and I sent reminders as to when it will be done.. they will send a draft soon and let me revise it (so I can put the info about local office interview and FBI Letter); I think those are the two important stuff on my case.. if you are going to do it, try to get some info that will help your case.. things that USCIS did but was a mistake.. Edited by gogo, 24 June 2008 - 12:23 PM.	gogo	Male	China	2008-06-24 12:21:00
K-3 Spouse Visa Process & Procedures	Why K-3s take longer than K-1s?	me too.. or at least just treat the K3 people equally.. if we all took two years, that's fine.. I'll wait my turn.. but I don't like having A LOT of people ahead of me..	gogo	Male	China	2008-06-24 18:05:00
K-3 Spouse Visa Process & Procedures	Happy 4th of July!	not really.. I'll just be happy when I get approved..	gogo	Male	China	2008-06-30 09:57:00
K-3 Spouse Visa Process & Procedures	APPROVED K-3 VISA..	Congratulations!!	gogo	Male	China	2008-06-30 13:34:00
K-3 Spouse Visa Process & Procedures	Anyone over a year still waiting?	I talked with him (supervisor) and the woman (officer) before.. they had said that I inquire too much.. from the time I filed in April 2007 to December 2007, they said I called over "12" times.. well, I wouldn't be calling if they did their job.. most of the calls came after the 6-month time too.. yeah, all the stuff was real.. so this last infopass was really disturbing.. well, I'll let the lawyers handle the lawsuit then.. I guess calling their 1-800 number is of no help, and also their local office infopass is useless too (my chances is that I'll get the same people again next time.. because the guy was the supervisor for the whole "group" of people behind the windows).. I wasn't really prepared this time, so I didn't bring a pen.. I had asked to speak with his supervisor, so he told me to fill out a form ("request to speak with supervisor" form).. I asked for a pen to borrow, and both of them said "no, we can't do that", even though I could have filled it out right at the window.. that is why I got mad and started yelling this time.. so many excuses and they had my case since last November.. it was just stuffed in a corner or something like that..	gogo	Male	China	2008-07-01 09:03:00
K-3 Spouse Visa Process & Procedures	Anyone over a year still waiting?	but I don't have ANYTHING after 14 months.. you got approved in about 3 months, wow...	gogo	Male	China	2008-06-30 18:03:00
K-3 Spouse Visa Process & Procedures	Anyone over a year still waiting?	thanks, I will do that.. for those that don't know.. this is Altavista's Translation... first does not see, if separates three autumn Mr. and to live in the Yangtze River head, I live in the Yangtze River tail, daily thinks of Mr. not to see Mr., hobnobs this river water to wish to be good! it should have a better meaning though.. haha.. Edited by gogo, 30 June 2008 - 03:50 PM.	gogo	Male	China	2008-06-30 15:47:00
K-3 Spouse Visa Process & Procedures	Anyone over a year still waiting?	I visit her every half year.. last time was in May 2008 and my trips get longer and longer too... took a 2 1/2 weeks vacation this time.. and next time will probably be end of year (Thanksgiving or Christmas) ; plan about 3 1/2 weeks this time..	gogo	Male	China	2008-06-30 15:28:00