biggish data

Congratulations!!!!

thank you and

happy wedding! congrats and best wishes! :dance:

Erichu

Not Telling

Philippines

2006-10-21 02:48:00

[quote name='mybackpages' date='Oct 18 2006, 07:24 PM' post='514570']
Congratulations
[/quote]

[quote name='Iniibig ko si Luz forever' date='Oct 18 2006, 07:26 PM' post='514572']
Congratz!!
[/quote]

[quote name='MariaDane' date='Oct 18 2006, 07:28 PM' post='514577']
Congratulations
[/quote]

[quote name='Ecalos' date='Oct 18 2006, 07:42 PM' post='514601']
Congratulations!!
[/quote]

[quote name='aj1' date='Oct 18 2006, 07:51 PM' post='514615']
Wow that is wonderful I am happy for the both of you CONGRATULATIONS!!!!

AJ1
[/quote]

[quote name='E&K' date='Oct 18 2006, 07:54 PM' post='514621']
Congratulations!
[/quote]

[quote name='nfs' date='Oct 18 2006, 07:57 PM' post='514624']
That's funny! That's the same thing that just happened to us a few days ago and the USCIS website still hasn't been updated. No email, no update, just the letter--but I'm not complaining!
Congratulations to you and have fun celebrating!!!
[/quote]

[quote name='roymcn3rd' date='Oct 18 2006, 07:59 PM' post='514627']
Congrats! :thumbs:

hope your stay at NVC is a short one so you can soon be on the way to Manila.
[/quote]

[quote name='sweetnoodle' date='Oct 18 2006, 08:01 PM' post='514629']
Congratz to you
[/quote]

[quote name='ready4ONE' date='Oct 18 2006, 09:50 PM' post='514745']
Congratulations!!! :dance:

Good luck on the rest of your journey! :thumbs:

So many approvals today, really wonderful to see!
[/quote]

[quote name='Kirsten L' date='Oct 18 2006, 09:53 PM' post='514750']
NIFTY NEATO KEEN!!! CONGRATULATIONS!!!

I'm guessing you're ecstatic, as you SHOULD be!! CELEBRATE!!!

Best of luck on the road ahead. May it be straight and level!!
[/quote]

[quote name='Callina' date='Oct 19 2006, 12:26 AM' post='514834']
Congratulations and God bless! (F)

[/quote]

[quote name='Michaela_Hassan' date='Oct 19 2006, 01:28 AM' post='514875']
Congrats!!! :dance:

[/quote]

[quote name='Tim&Poonam' date='Oct 19 2006, 02:33 AM' post='514900']
CONGRATS!
[/quote]

[quote name='Arazia' date='Oct 19 2006, 03:23 AM' post='514919']
Congratulations!
Don't forget to update your timeline!
[/quote]

A very big thanks to all of you! Couldn't stop smiling now

. Goodluck to us all in this journey of love.

Eric & Marichu

Edited by Erichu, 19 October 2006 - 10:23 AM.

Erichu

Not Telling

Philippines

2006-10-19 10:19:00

Congratulations!

Is Marichu from Cebu?

Thanks and congrats too! We are very happy for you too! I know you couldn't stop smiling too because of the approval. Same here!

I am from Davao.
Marichu

Edited by Erichu, 19 October 2006 - 09:54 AM.

Erichu

Not Telling

Philippines

2006-10-19 09:50:00

We are so happy!!!

I checked online and called the USCIS today to check status but everything was the same - processing RFE received September 26. And what should arrive in today's mail? It's our NOA2 document!! The NOA2 notice date is October 11 but the notice says it is valid from 10/10/2006 to 2/9/2006. Maybe that is a October 10 approval. Who cares!! I must call in tomorrow to tell our government that they have approved us. :lol:

We are celebrating today!!! :dance:

Erichu

Not Telling

Philippines

2006-10-18 21:22:00

NVC - Must talk to a live person

We were NOA2 approved on Sept 20, 2006. I too was worried because we had seen some quick CSC to NVC that where in our NOA2 approval. Be patient is all I heard from others. Well they were right. I finally found out that our petition was reveived at NVC via an Email to NVCInquiry@State.gov
The Email said they had received. When I got the letter from NVC, it stated they received on Oct 17. Just about 4 weeks.

With so many approvals lately, I think this is now an average time for CSC to get to NVC. Please be grateful that CSC is soon to be a lost memory

CSC treatment is a testament to incompetence, indifference and mismanagement. You're right, we can only celebrate when we are finally free of them. NVC is much better, which is not to say that they are good. :lol:

I tried the email route too with NVC. Two problems with it: First, they are slow to answer - two day turnaround on my simple request for status. Second, their email didn't provide the date the petition was sent to the embassy even though I asked for it.

I'm tired of being patient and prefer to get all the info I can. The method to track shipment of the petition to the embassies works great if you know the ship date. To be sure you get that, you have to call.

Erichu

Not Telling

Philippines

2006-10-25 11:43:00

NVC - Must talk to a live person

Look at our timeline and you can see the arbitrary nature of the process. Our petition sat for over three weeks before CSC opened the envelope and issued the NOA1, another loooong wait for the RFE, an average wait for the NOA2 approval after receiving the RFE, and then a lightning fast process of sending the petition to NVC and forwarding to the embassy. I called NVC the morning after I received the NOA2 letter and they told me they had already received our petition and sent it to the embassy in Manila on the 18th. You can be sure I was shocked and very happy.

So, if you are holding a NOA2 notice, by all means call NVC and get through to a human being who can tell you if your petition has arrived, the NVC case number, and the date it is sent to your embassy. I still haven't received a NVC letter confirming that our petition was sent out or when.

I also posted a separate thread that explains how you can track shipment of NVC petitions on any given date to any embassy so you can know when your petition arrives at your embassy. Now that's cool!

Guys, I share this to give you hope that things sometimes can move fast even from the CSC. Just don't count on it!!

Erichu

Not Telling

Philippines

2006-10-24 14:50:00

NVC - Must talk to a live person

I just got off the phone with the NVC on their 603-334-0700 number. Their automated phone system did NOT recognize our NVC Case number or the CSC Receipt Number. I have a NVC letter that lists both these numbers so they are good. Their agent on the phone told me that it it quite common for K1 visas to not get into their automated systems because most of them are in the NVC such a short time.

So you MUST talk to a live agent (option 5) to get good information. Do NOT assume that they haven't received your case if the automated system doesn't recognize your CSC Receipt Number. I also was only able to get through to a live person during the morning hours.

Erichu

Not Telling

Philippines

2006-10-24 11:57:00

Cashing a check...

OK, so maybe I'm getting overly anxious. According to the post office, my packet was received by CSC on mon. and they still have not cashed my check. I know it takes about a week for NOA1, but how long does it take them usually to cash a check. I just want proof that they've actually opened the envelope.

This may not be helpful to your mood but you are going to have to get used to a few months of total uncertainty. Read our timeline and notice first how we waited over three weeks before the CSC even opened our envelope and cashed our check. Two more months went by before anything happened at all.

If you call the USCIS Help line they will have nothing useful to tell you and will always provide the WORST possible timeline. They will tell you now how they are currently processing April petitions which untrue.

So you are in a process that the USCIS has deliberately designed to block you from watching or tracking. A daily check of the mail, and after NOA1, the USCIS website for touches is all you can do for the next couple of months.

The good news is that you should also disregard the NOA2 timeline because it is completely skewed by the IMBRA stuff which you have avoided. Best to look at individual cases to get a feel for time to approval. The best action you can take now is to browse this website because there is a WEALTH of great info in a variety of areas. This is a good time to educate yourself about the process. Good luck!!

Erichu

Not Telling

Philippines

2006-10-25 19:50:00

230 days and finally approved!

Congrats guys!! You deserve smooth sailing from here.

Erichu

Not Telling

Philippines

2006-10-25 14:02:00

Approved!!! 234 day wait!!

Thanks everyone!! and I hope the other Marcher's get approved asap. There's not too many left.

I just pray I get to NVC and through there quickly as possible.
I'd like your timeline through there Erichu!! Holy cow!

My buddy just called USE Manila and they said they make K-1 interview appointments once a month??
His petition got there in Sept., we filed the same day. But they missed him when they made appointments in Oct.
She said they'll be making more appointments in mid Nov.

I sure hope mine can get there in time if that's true. otherwise it'll be Dec for a Feb. interview? maybe??

As you saw, we got super-lucky on the CSC-NVC-USE steps in the process after some bad breaks within CSC. You deserve some of that same speedy service.

Hornet, you are still in for some serious waiting but at least you will get fair treatment soon. The day your petition arrives at the NVC seems to determine the NVC Case number MNL2006xxxxxx and that number sets your place in line for interviews in Manila. Currently it's about a 4 month wait from the time your petition arrives in Manila to the interview date. I would guess you are looking at a March interview if your petition gets to NVC in the next 3 weeks or so. Good luck!! :thumbs:

Erichu

Not Telling

Philippines

2006-10-27 18:09:00

Approved!!! 234 day wait!!

YUP!! About damm time!! 234 days!!!

I have just received word that the petition is approved. It will be sent to our records division to remove the I-129f from our file and forward the petition to the National Visa Center. This part of the process takes as much as two weeks and then transit in integration into the NVC takes about 3 weeks. Therefore, it is safe to say that the petitioner will receive notice from the NVC regarding the visa application some time in very early December

Congratulations Hornet!!!! It's wayyyyyy past time that you got your approval.

I'm glad you went to your congressman's office. You still have every right to be unhappy with this woman who has made the absolute minimum effort on your behalf and has been consistently rude and unhelpful. You should make a complaint about her to your congressman's office. You deserve expedited treatment in getting your petition to the NVC. I would make a complaint in a letter to her boss and to the Congressman himself. Unless she is running that office, you ought to be able to speak to her superiors and make them aware how, despite the fact that you were totally mistreated by the CSC, she provided minimal help and a terrible attitude to boot.

They are expecting you to wait until DECEMBER before you allowed to ask anyone a question and that's ridiculous. A little venting is in order here!

Good luck in the next steps of your journey!! :yes:

Edited by Erichu, 27 October 2006 - 04:12 PM.

Erichu

Not Telling

Philippines

2006-10-27 16:11:00

Processing times

Hi guys,

You are fortunate in that you have found the place where you CAN get some very good information about this process every step of the way. Just by comparing the timelines here with the report published by USCIS, you can see that their report is pure misinformation. As another poster mentioned, it is strictly CYA and LMA (leave me alone!). That is the true USCIS policy towards us petitioners. CSC is processing applications received from April through September. That is what you can see by looking here.

The bad news is that the process remains highly variable and unpredictable by individual. There's a lot of luck involved and you may get an opportunity to build character through remaining calm and upbeat as you watch others being processed and approved while you are inexplicably motionless for a long time. The other bad news is that is it completely worthless to call the customer service line because they will tell you exactly what you see by looking in their online system for yourself and CANNOT pass along any question you may have to the CSC. Oh yeah, and their online information and email notifications are also pretty unreliable so you never know when that NOA2 may appear without warning in your mailbox.

The good news is that this site is a fount of information about processing timelines, embassy interviews, and any question you may have. Also good is that the NOA2 timeline published here is longer than your expected time because of the backlog of IMBRA petitions (delayed 3 extra months) being completed. You simply need to look at the range of individual timelines to get a sense of your expected time.

So now you can only wait patiently for your NOA1 to arrive in the mail. It may be today or a month from the day you sent it in. You're at the start of a long process and I wish you luck! :thumbs:

Erichu

Not Telling

Philippines

2006-10-30 11:50:00

TOUCHED Alot But NO Update!!!

You may already be a winner!! :dance:

We can only guess but these touches following the receipt of your RFE are encouraging. It is exactly what we saw when we were approved. And the lack of email and online status change means nothing - the email system is broken. You may be already approved, but you won't know it until your NOA2 arrives in the mail. Don't start the celebration though because you just never know. Those touches are a good thing, enjoy the touching!! :lol:

Erichu

Not Telling

Philippines

2006-10-28 13:31:00

NOA "freakin'" 2!!!

Congrats guys!! :star:

Your timeline looks very much like ours. Those couple of touches after the approval may be sending to NVC.

There's no guarantee but it's worth a try to call NVC this Monday to check. Call 603-334-0700 during the morning EST and talk to a person. The automated response system isn't reliable and even if you ask by email, you will not be told the date the petition was shipped to the US Consulate.

Enjoy the approval and good luck for the rest of the journey. :thumbs:

Erichu

Not Telling

Philippines

2006-11-01 18:10:00

got "the email" from chris

Congratulations! It must be party time right now? :dance:

Goodluck on your visa journey! Goodluck to us!

(L)

Erichu

Not Telling

Philippines

2006-11-09 04:02:00

Now many August Filers Left?

Jasal,

You are doing exactly what VJ is here for - gathering information from people here to get some clue as to where the CSC really is in their processing. Dean's case and plenty of others illustrate the ongoing mismanagement of priorities by CSC and their complete unresponsiveness to our situations. Sadly, the only thing the info we gather here allows us to do is to know if we are ahead of the curve, on the curve, or left to rot in the process. Still, it's better to be informed than completely in the dark as the USCIS prefers.

I've called the USCIS process a lottery of luck because they have failed in their stated mission to process petitions based on order received. There's no question that some older petitions sit untouched while newer ones are being processed and not because of Name hits or other legitimate reasons. It's just pure mismanagement. The fact that the VSC is so much faster and has far fewer lengthy delays shows how pathetic USCIS is in promising fair treatment and delivering vastly different results to different parts of the country.

I would hope we don't vent our frustrations with USCIS on each other here. The challenge for us has been to try to maintain our own positive attitude while waiting and still find room to enjoy the forward steps of others too.

Dean, have you called your US Congressman or Senator's office yet? It's about time to get those inquiries going.

Good luck all!! And I do mean LUCK! :yes:

Erichu

Not Telling

Philippines

2006-11-16 14:31:00

Well, it's no suprise Yodrak because the CSC shows all the signs of very screwed up systems and information management. Their systems are not just archaic, as in older technology. They are a disconnected and dysfunctional disaster and it's a recipe for failure. So when new procedures were needed due to IMBRA and CSC suddenly had to handle their own load along with several other Service Centers, they created a perfect storm of chaos.

That was my take on things all along - when the systems are messed up, it is impossible for the employees in such a large operation to follow their own policies. Priorities go out the window and we get the random processing and mishandling of cases that is so infuriating to those of us who were unlucky in having our cases left to rot for no valid reason. What makes it worse is that USCIS publishes a false status report designed to prevent us from inquiring about our own cases. Simple errors are amplified into major phuk-ups and people's lives are unnecessarily put on hold for months and months as a result.

Erichu

Not Telling

Philippines

2006-11-22 17:51:00

People who have toured the USCIS facilities and talked with the people who run them and the various operations within them report that the 'customer information' systems that we and the NCSC staff see are indeed separate from the other data and process systems, and require human input to update.

Insane maybe, archaic is probably a better word, but that's they way it is. It does have the benefit of increased scurity by insuring that people like the NSCS telephone answering staff are kept out of the critical systems.

Yodrak, how long ago did this tour happen? Things do change you know. But taking your word only reinforces my viewpoint about the severe inadequacies of USCIS in accomplishing their own stated policies. Is the practice of people updating multiple systems with the same data insane? Yes, it's a recipe for the screw-ups we see. Is it archaic? No, the practice of feeding data to external systems for purposes of reporting and status review is decades old. And a one way feed of data into external systems is a lower security risk than individuals making separate updates. It it simply another lame excuse made by USCIS.

I stand 100% by every word of my original post here. The CSC is failing us and not delivering their own policies of fair treatment based on order received. If you read that post, it is obvious that I never stated, as you claimed, that petitions should be approved in the order received. I said that older petitions are often sitting idle and unprocessed while newer ones are being processed due to faulty computer systems. And that does lead to the random and unfair lottery of quick and very slow approvals. In the future, please read carefully before you put false words in my mouth. I will be happy to do the same for you.

I wish you well in your assistance to other folks here. I'm done on this subject.

Erichu

Not Telling

Philippines

2006-10-31 13:41:00

Yodrak,

I don't pretend to be an expert in Immigration but I can see that you simply don't understand how the kinds of computer systems that USCIS uses work or need to work. That is something I know well and so you ought to try to expand your own understanding here.

The systems used by CSC, by the USCIS customer service staff, and the web pages we use are not things that must be separately updated by people. That would be insane. These systems provide views to the same data or, at worst, data updates flow across these systems. It's Data Management 101.

When the systems are buggy, as the USCIS systems are, then data does not flow reliably and system failures multiply. The online website we view presents simple touches and status changes. They are a window showing us the poor quality of the information managed by USCIS. If the data we see is fouled up and a simple email notification system is unreliable, then you can be sure the far more complex workflow management systems in CSC are worse. And all the resulting screw-ups of random processing and approvals will then naturally occur.

All the symptoms of an inefficient and mismanaged organization are blinking red for CSC. Long waits to open mail, long periods of zero PROCESSING activity on older petitions, randomly long waits to simply mail approved petitions to NVC. There is no excusable reason an approved petition may sit for over a month before a simple administrative task of shipping to the NVC occurs and, during that same period of time, other petitions ship out in days.

If the job was really so hard, why is the Vermont office almost never slow in opening, processing, or delivering petitions to NVC? Larger numbers of petitions in CSC are not the answer. The USCIS philosophy towards us, their customers, is CMA and LMA (Cover My ### and Leave Me Alone). Their public status report to us is an outright lie. The information in VJ lays bare all their lies and failures and I am grateful that we are able to speak frankly, share information, and see where we really stand.

Edited by Erichu, 30 October 2006 - 05:19 PM.

Erichu

Not Telling

Philippines

2006-10-30 17:14:00

Erichu,

I understand perfectly what is being said in this thread. Some people's petitions reach the point where they can be approved more quickly than other's and they don't understand why.

And then they write, incorrectly, as you did, that approval should be given in queue order. But it isn't, never has been, and cannot be, if there is to be a workable system.

Yodrak

Yodrak,

I know you provide plenty of useful info here to many people so I'm not looking to antagonize you. Let's look at what I originally wrote.

It's not hard to see what is wrong. The computer systems that are essential to managing this massive volume of work are full of problems. We received our NOA2 letter weeks ago and the online systems still shows our petition as not approved. I never received the email notification that I signed up for. The "customer service" people also see our application status as not approved but said I shouldn't worry about as long as I have the NOA2 letter.

If the systems are inaccurate, the work cannot be properly managed. So work that ought to be processed based on date order may be ignored for months. The tracking systems essential to reminding somone to pick up the right petition at the right time up don't work. What happens instead is what we see - random processing that goes against CSC's own policies. And to make it worse, we aren't permitted to inquire about our petition to CSC, and so we have no way to let anyone know that our file is being ignored.

If you had read this carefully, you would have understood that I was talking about processing and not approval. Processing leads to approval and so processing out of order leads to approvals out of order and also leads to unconscionably long wait times for those whose petitions are simply forgotten due to faulty tracking systems. If the long waits were due to some petitions being far more complex, we would see more activity (touches) during the long waits. We don't. We see months pass with zero activity. No processing.

The VSC has a workable system that somehow has much fewer people falling through the cracks. You are wrong in this case that CSC could not fix this problem. They could and they should.

Best wishes to you Yodrak. :thumbs:

Erichu

Not Telling

Philippines

2006-10-30 12:07:00

Yodrak, Are you even reading this thread. or just skimming? You don't seem to grasp what is being said.

Uh oh.

Well jeez! It's a bit annoying to be told something so obvious that everyone here already knows it, and then to have it repeated verbatim further down in the same thread. Yodrak can speak up if he's got something to add here. But if he thinks the pathetic lottery of luck that is CSC Visa processing can be defended, he's got some explaining to do beyond stating an obvious and irrelevent point over and over.

Erichu

Not Telling

Philippines

2006-10-29 17:28:00

Erichu,
Again - the processing is, the approving is not. Processing and approving are two different things, stop equating them.

If approvals were required to be in queue order the backlog would be endless given that not all cases can be easily and quickly decided.

Yodrak,

You are making the simplest, most elementary point that any schoolkid in a lunchline understands. If you can look at Hornet's timeline or kitkat's or mine and explain how we were not left unprocessed for long periods of time when other, later petitions were being processed then do so. If you can explain how any large organization manages a complex processing pipeline with vastly unreliable systems and data, then do so.

Are you even reading this thread. or just skimming? You don't seem to grasp what is being said. :no:

Erichu

Not Telling

Philippines

2006-10-29 12:12:00

I couldn't disagree more here. Hornet is absolutely right. The processing and approving of petitions is not first-come-first-served. His March application was complete - RFE returned in late July. He should have been approved within weeks as other petitions were after the RFE was returned. Instead his petition sat untouched for almost three months while countless petitions were approved that had RFE's returned after his.

The part you don't understand or may not be aware of is that the processing and approving of petitions in March/April/May was majorly affected by IMBRA. Hornet + 10,000 other applicants were affected. We all watched as people who filed in June got their approvals before us. It was a mess and obviously CSC is not a well run machine.

But the fact remains that Jasal's application was NOT affected by IMBRA. Others are not jumping past her petition - she filed in August. IMBRA fiascos aside, application are processed in the order received. But every case is different and some cases do get held up while others move along. Vermont filers usually speed through - but you can be sure that if there is a name hit or a criminal history even a Vermont filer will be held up. Does that mean their petition is not being processed in the order received? NO. I'm not disagreeing with all the other complaints - the "help" line, the email situation, etc. I'm still stuck in it and I will be for a long time to come. But Jasal's petition is moving along at normal speed, as it should.

Hi Kitkat,

I know from my own experience about the whole IMBRA mess. Our petition was sent in on June 8 using the old I-129F form. It arrived on the 12th and lay unopened until June 30 - NOA1 Date of July 3. We watched in VJ and saw RFE letters going out in July to most of the March-June people. Had they even opened our envelope the week it arrived, I have little doubt we would have been in that group. Instead, we waited and waited for an RFE without a word or a touch until late September. We watched petitions that were submitted in late June and July being approved before we even received our RFE. We also saw folks like yourself and Hornet who were waiting far longer than us and felt a lot of sympathy for your situation as well.

We don't pretend to be the worst impacted but we did experience all the abuse and frustration of waiting while other, later petitions moved, making futile attempts to get answers from USCIS, making an InfoPass apointment and getting nowhere with an immigration official, and finally preparing to make our case to our US Representative's office, when the RFE finally arrived.

Jasal's case isn't terrible compared to what the IMBRA folks had to endure. I can still understand their frustration in not knowing if their petition is misplaced, whether they have a week or 3 months of waiting left, and that the queue of petitions is being mismanaged while they have no way to even inquire about their own.

You counsel patience Kitkat and I agree there. We just have to find a way to be happy for those who get their approval, whether fast or slow, and understand what actions can be effective and when we can take them. How is your wait for interviews in Mexico looking? Is there decent info in VJ on wait times? We are looking at about four months in Manila.

Good luck to all!!! We need it!! :lol:

Erichu

Not Telling

Philippines

2006-10-28 12:15:00

What got me riled up was, "all cases are processed in the order received", which we all know is a crock.
Thank the gods for kitkat and her patience. You want to know serenity? Read more from her and JerseyGirl. Didn't you read Yodrak's post? How can it be a crock? If they come to a puase or delay in one case, the whole line should stop until that one is done?
Have a little faith, sheesh. Millions of petitions and applications are processed through there every year. A very small percentage have real problems.

The Prez promised you results in 6 months. That IS your timeframe.
(and touches mean nothing! )

I couldn't disagree more here. Hornet is absolutely right. The processing and approving of petitions is not first-come-first-served. His March application was complete - RFE returned in late July. He should have been approved within weeks as other petitions were after the RFE was returned. Instead his petition sat untouched for almost three months while countless petitions were approved that had RFE's returned after his.

It's not hard to see what is wrong. The computer systems that are essential to managing this massive volume of work are full of problems. We received our NOA2 letter weeks ago and the online systems still shows our petition as not approved. I never received the email notification that I signed up for. The "customer service" people also see our application status as not approved but said I shouldn't worry about as long as I have the NOA2 letter.

If the systems are inaccurate, the work cannot be properly managed. So work that ought to be processed based on date order may be ignored for months. The tracking systems essential to reminding somone to pick up the right petition at the right time up don't work. What happens instead is what we see - random processing that goes against CSC's own policies. And to make it worse, we aren't permitted to inquire about our petition to CSC, and so we have no way to let anyone know that our file is being ignored.

What the USCIS tells us is strictly worst possible case and represents the most pathetic level of service. Their promise is fair treatment and no preferences. Whether it takes one month or six, we have a right to be maintain our place in the long queue of petitions and to be able to let USCIS know when they may have misplaced our petition due to their massively unreliable tracking systems.

I agree that it's best to remain mostly calm about it since we are in a helpless position but the fact is that we are being mistreated here and CSC is an abysmal failure in the execution of their mission.

Erichu

Not Telling

Philippines

2006-10-28 01:29:00

CSC Moving Backwards

The 6 month thing they tell you is a misnomer. I called after the 6 month point and they said well until our processing times read 5/3/06 or later we can't do an inquiry for you since are still within our processing times. And now of course they moved those times back. I did just get the following from a wonderful gal at my Senators office:

Dean - I just talked with the CSC and they have committed to providing me with definitive information next week. It is with another officer for review and hopefully final decision. Hang in there, I’ll keep bugging them.

Congratulations on finding a helpful person in your Senator's office Dean! The USCIS status report is an outright lie whose only purpose is to prevent you from calling them or making any inquiry. Sorry you are one of the unlucky ones in the mismanaged mess that is CSC. You do need a LOT of patience because the next steps in your journey are no picnic. Once your petition is approved and received by the NVC, you can expect about a 4-5 month wait for an interview date in Manila. Our K1 also got lost for a couple of months at the CSC so I understand the frustration of being a helpless victim of their sheer incompetence. Good luck and hope your NOA2 will happen very soon.

Erichu

Not Telling

Philippines

2006-11-22 17:06:00

Should we both go to the Interview ?

As you may have gathered from the responses so far, the answer varies a LOT from one consulate to another.

We have personal experience with the Caracas embassy. We went to the interview together. Yes, at Caracas, this is allowed, if not outright encouraged. We'd heard a few stories just before our interview about people who were denied when they showed up alone, only to have the USC arrange a quick trip to the embassy to straighten things out. So, being somewhat paranoid, in order to eliminate this possibility, I arranged to be there for the interview.

I don't know what it's like going through the interview alone, but going through together, it was a piece of cake. They could see us together, see that we had no language barrier issues, and see that the USC cared enough to fly to Caracas on short notice (no small effort there). They didn't question us at all on the bona fides of the marriage. We stayed together the entire time -- they didn't question us separately.

Everything at the embassy was conducted entirely in Spanish (some of the people could have spoken English, but they didn't have to for us), so the language barrier shouldn't present an issue for a Venezuelan at the interview. However, the experience can be pretty intimidating, and having a USC spouse nearby can be very reassuring for the Venezuelan spouse, in addition to any effect it may have on the interviewing officers.

I know that Caracas is not the easiest, safest, most comfortable place to visit. You have to make your own decision about whether to attend the interview. I have absolutely no regrets about deciding to go down there for our case. We have great memories of the day of our interview.

lucyrich

Not Telling

Venezuela

2007-09-07 12:27:00

Whats in the Do Not open envelope?

QUOTE (thornhill @ Oct 4 2007, 08:33 AM) <{POST_SNAPBACK}>

Also they said to take the chest X-Ray image with me... do they really ask for that?

Nope. Only a trained medical professional could interpret an X-ray. And an approved physician DID already interpret it and write down his findings in your medical file, which the consular officer has read and approved. There's no more immigration need for it.

But Halloween is coming up soon...

Seriously, in the unlikely event you have some medical problem in the future, it's possible that a "baseline" x-ray might be useful to a doctor when diagnosing your condition. Since you already have it, it may not be a good idea to throw it away, but don't expect to need it for any future immigration purposes.

lucyrich

Not Telling

Venezuela

2007-10-04 13:24:00

Education Institutions (Question 23) DS-230

They use the same DS-230 for multiple visa types, and for some of them, education may be relevant. But it's not a criterion for marriage-based visas.

Still, the question is there, so you've got to answer it to the best of your ability. It asks for ALL schools. The safest thing to do is write down every school you've ever attended, and let them ignore the ones they're not interested in.

lucyrich

Not Telling

Venezuela

2007-10-04 13:32:00

Visa granted now what?

QUOTE (Haole @ Oct 5 2007, 11:12 AM) <{POST_SNAPBACK}>

QUOTE

Thanks for the info! I have another question. He is a CR, when does the clock begin for him to apply for his USC, is it after the conditions have been lifted and the clock starts then for USC or does the clock start for USC when he is granted his GC?

Clock starts from the date on the GC. I guess that's the same as when granted entry.
He can file 90 days before the 3 year date.

The three year part is right, and the clock starts as of the date of entry. But in order to file 90 days before the three year anniversary of being granted LPR status, the couple must have been living together for the full three years as of the date of filing. See the box at the bottom of page 22 of the M-476. In a typical CR-1 case, the couple doesn't start living together until the day the alien is granted LPR status. Thus, the alien would have to wait until completing three full years of living together in valid marital union prior to filing the application.

I'll note that on my own reading of INA 319(a), it seems like there's a bit of ambiguity in the law, and not a lot of published case law on the issue. Perhaps there's at least some chance that the three months prior to entering the US while the spouses were living in separate countries might be judged to count as "living in valid marital union with a US Citizen Spouse", for the purpose of INA 319(a). But that theory isn't supported by the people who wrote the M-476, nor can I find any case law or published USCIS interpretations that would support it.

QUOTE (USCIS M-476, p 22)

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.

lucyrich

Not Telling

Venezuela

2007-10-05 15:50:00

Arriving in the US from Colombia on a CR-1 Visa

1) Did your spouse travel alone or were they accompanied by the USC spouse?

We came together

2) Which form did your spouse fill out on the plane before landing?

Only the customs declaration (I-94 says, in its instructions, that it's not for use by aliens who have an immigrant visa).

3) Where was your spouse's Point of Entry (e.g. JFK, Miami, Atlanta etc)?

Miami

4) What line did your spouse get on when they got off the plane? Visitors, Resident?

Visitors (both of us went together through the visitor's line)

5) Did the immigration agent speak in Spanish or attempt to speak in English to your spouse?

Spanish

6) What documents did your spouse have ready to hand over? Passport,Visa, MBE(Mysterious Brown Envelope)

Yep, those three. Since the visa was already affixed into the passport, it's only two items to keep track of.

7) If traveling with the USC spouse, were you split up or was your USC spouse with you the whole time?

Together

8) What kind of questions did they ask your spouse?

Routine administrative things. The only significant one I remember was the address in the US where the green card should be sent to.

9) Were the immigration officers friendly, rude?

Typical bureacrats -- curt and businesslike. Almost, but not quite, rude.

10) How long was the whole process?

45 minutes or so.

lucyrich

Not Telling

Venezuela

2007-04-23 16:15:00

u.s. citizen spouse translating documents?

Monokoke's right.

The USCIS rules are on their website. They clearly allow anyone to do translations, including the USC spouse. All that's required is that the person doing the translations have the required language ability, and be able to sign a statement certifying the translation. The USCIS doesn't recognize any certification of translators.

But the NVC is not the USCIS. The NVC and the consulates are part of the Department of State, not the Department of Homeland Security. Each consulate sets its own translation rules, and they vary widely all over the place. Usually, but not always, the consulates will accept untranslated documents in the local language. When translation is required, they sometimes have very specific rules about who can do the translations and how they must be done.

Nevertheless, I searched the web, and found This Department of State page which seems to indicate translation rules that are similar to the USCIS rules.

QUOTE

Translations

Applicants must obtain English language translations of any documents that are written in another language.
The translation must include a statement signed by the translator that states that the:
* Translation is accurate, and
* Translator is competent to translate.

But I'm not completely sure if that web page which I found applies to your situation.

The best rule is to contact the agency to whom you'll be submitting the translation and ask them exactly what rules apply for your case.

In any case, the translations will most likely be reviewed at the consulate, where someone will likely be familiar with both languages, so don't even think about trying to mistranslate to skew things in your favor.

lucyrich

Not Telling

Venezuela

2007-10-09 11:35:00

Spouse CANNOT enter on tourist visa?

QUOTE (Justin and Masako @ Jan 17 2008, 06:49 AM) <{POST_SNAPBACK}>

QUOTE (edchels @ Jan 17 2008, 06:05 AM) <{POST_SNAPBACK}>

I havent risked it, just incase i got all the way out there, and got deported, but it seems like a lot of people do go over, as long as they have strong ties to the country they are from. (Job, lease or mortgage, bank account...etc...)

I havent seen anywhere written that you can't go over and visit. If you go, take as much proof of returning as you can. Normally, a return ticket should prove it enough. Also, take over proof that you are planning on immigrating legally (take your NOA's and naything else to show you are going through the legal processes.

edchels, A person would not be "deported" but rather denied entry. There is a pretty big difference between the two as deported means you were removed from the country and denied means you weren't allowed in at the boarder (or POE such as an airport).

That is my take on it anyway, and I am sorry to nitpick about it but it would seem to me that the distinction would have a fairly different impact on your VISA process.

Yep. Being denied entry is inconvenient, but it doesn't have any serious repercussions in later immigrations processing. You'd have to report it when forms ask questions about it, but if the reason for denial was merely failure to prove non-immigrant intent, that won't be an issue at all for the rest of the marriage-based immigration procedure. Plenty of people here have had success with marriage based visas after being denied entry due to failure to prove non-immigrant intent.

Being denied entry is basically where you show up at a POE and say "May I come in?", and they say "No, you may not", and they send you back. You never entered the US, you never did anything illegal.

Being deported is a much bigger deal, and may cause further complications. Being deported can only happen if you're already inside the US. They find you inside the US, and say "Hey, you're not supposed to be here!", and they kick you out. It might happen because you entered illegally, let status expire, or did something while inside the US to revoke your status, such as commit a crime.

lucyrich

Not Telling

Venezuela

2008-01-17 14:05:00

CR/1 visa issued after our 2 year anniversery?

QUOTE (Roserick @ Jan 30 2008, 02:00 PM) <{POST_SNAPBACK}>

QUOTE (RickVenturini1 @ Feb 23 2007, 11:08 AM) <{POST_SNAPBACK}>

My wife entered into the US after our 2 year wedding aninversery. She was issued a CR/1 visa, because at the time of the interview we were under the 2 year limit of marriage.

She is now in the US. my questions is: How do we proceed to get her on the IR/1 visa that she should have been entitled to?

Any ideas would be great!

Thanks
Rick Venturini

Ok this is my 2 cents..

I never knew what CR-1, IR-1 classification Visa until I found VJ.

When my case was approved by USCIS.. It was NVC who gave me the Visa Classification IR-1 since I had been married since 2005, and filed my I-130 last May 2007.

In my opinion I don't think they identify your Visa Classification @ POE.. Whatever NVC classifies you is what your Visa going to be.. Doesn't matter if your marriage become 2 or more yrs when you get to POE.

You just have to wait for the Removing of Condition Process to change it to IR-1.

Read INA 216 (g).

The consulate (not NVC) determines what kind of visa you get, based on the age of your marriage at the time they give you the visa.

But the POE officer determines whether your status is conditional or not, based on the age of your marriage on the date they give you status. This is the only thing that matters; as it's what determines whether or not you have to eventually remove conditions.

It may be confusing because the NVC will assign a visa type early on, perhaps before they know how old the marriage will be on the date of visa issuance or the date of entry to the US. Procedure requires the NVC to assign a visa type, but for practical purposes, IR-1 and CR-1 are identical when the case is still at the NVC. The consular officers or POE officers will freely switch the case type if it's warranted based on the age of the marriage.

lucyrich

Not Telling

Venezuela

2008-01-30 20:08:00

CR/1 visa issued after our 2 year anniversery?

QUOTE (MarilynP @ Jan 28 2008, 04:02 PM) <{POST_SNAPBACK}>

QUOTE (doodads @ Jan 28 2008, 04:00 PM) <{POST_SNAPBACK}>

My wife came here in December, 2 years and 2 months after we married. She told the POE officer how long we had been married, and requested an IR-1 visa. The POE officer told her that since we were not living together for all of the 2 years and 2 months of the marriage, she could not get the IR-1 visa. He gave her a CR-1 visa.

Bob

that was wrong information.. it doesn't matter if you were living together or not...

True enough, and it's further wrong because the POE officer doesn't ever get to give her a visa, or decide on the type of visa she gets. Only consulates can issue visas.

POE officers may determine what status she gets upon entry.

FWIW, INA 216 g 1 B clearly says that it's the age of the marriage on the date status is granted that determines whether or not the status is conditional. The date of visa issuance has no relevance.

lucyrich

Not Telling

Venezuela

2008-01-30 20:01:00

File for IR1 while in the US

You've had a yes and a no response, and they both have some truth to them.

You CAN file the I-130 that starts the IR-1 process while both of you are in the states. But you can't complete the process from within the US. In order to get a visa, the intending immigrant would have to go abroad to get the visa at a consulate. Filing the paperwork to start the visa doesn't grant the alien any right to stay in the US, and doesn't extend the alien's status in any way, so the alien should leave at the expiration of status or shortly thereafter. There's no penalty for an overstay of less than 180 days, but the three and ten year bars on admissibility start to kick in after that.

Assuming the alien entered the US legally and can prove it, it's likely that adjustment of status is the more appropriate route. Instead of getting a visa, the alien would get a Green Card directly in the US. This would allow the alien to remain inside the US for the duration of the process. Overstays aren't an issue, as long as the alien stays inside the US until the green card is issued.

But either route is possible, and the right choice depends on personal circumstances and details which haven't been presented here.

lucyrich

Not Telling

Venezuela

2008-02-06 12:39:00

Confused about 2007 taxes while having spouse under CR1

QUOTE (Goldtrom @ Feb 6 2008, 01:23 PM) <{POST_SNAPBACK}>

Hi lucyrich:
Did you read ALL of the p501 you linked to?

There is ONE small section that says there ARE cases where you can file single. I don't see where they define the cases though, so it is probably best to file as married....

I copied this right from the IRS page:
"Married persons living apart.
If you live apart from your spouse and meet certain tests, you may be considered unmarried.
If this applies to you, you can file as head of household even though you are not divorced or legally separated. If you qualify to file as head of household instead of as married filing separately, your standard deduction will be higher. Also, your tax may be lower, and you may be able to claim the earned income credit. See Head of Household, later. "

Context is crucial.

In order to file as single, the criteria are listed in pub 501 under filing status: single. Your filing status is single if, on the last day of the year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree, and you do not qualify for another filing status. There's a period at the end of that sentence, and it's very straightforward.

Head of Household isn't so straightforward. In order to file as Head of Household, there are three requirements:

* You are unmarried or “considered unmarried” on the last day of the year.

* You paid more than half the cost of keeping up a home for the year.

* A “qualifying person” lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the “qualifying person” is your dependent parent, he or she does not have to live with you. See Special rule for parent, later, under Qualifying Person.

See the difference: you file as single if you're actually unmarried or legally separated. You can file as HoH if you're either actually unmarried, or "considered unmarried". There's a whole set of criteria for deciding if you're "considered unmarried" for head of household purposes. But being "considered unmarried" for head of household purposes doesn't mean you are considered unmarried for the purpose of using filing status "single". In order to file as single, it's not enough to be considered unmarried, you've got to actually BE unmarried or legally separated under a divorce or separate maintenance decree.

The whole "considered unmarried" stuff is only in the context of filing status "head of household". That's the only place it appears in Pub 501.

While I'm here, one paragraph that's of likely interest to many VJ'ers.

QUOTE (IRS PUB 501)

You are considered unmarried for head of household purposes

lucyrich

Not Telling

Venezuela

2008-02-06 17:59:00

Confused about 2007 taxes while having spouse under CR1

See IRS Publication 519, the Tax Guide for Aliens for your detailed answers. Also, IRS Publication 501 has a lot of general information about when to use married versus single filing status, and dependents and exemptions and such.

If you're legally married as of the last day of the tax year, you CANNOT legally file as single. That much is very clear in publication 501. Your choices are generally married filing separately or married filing jointly. Under certain circumstances, if you're living apart from your spouse and you have a qualifying dependent living with you (your spouse won't qualify), you might be eligible to use the filing status "Head of Household", but check the detailed rules listed in publication 501.

The IRS probably doesn't know about your marriage, so filing as single might not be an issue for them. But even if the IRS doesn't catch or punish you for filing as single, be aware that you'll probably eventually have to show your tax returns to the USCIS, either for an affidavit of support, or for an I-751 for removal of conditions, or perhaps eventually for an N-400 citizenship application. When you sign a tax return with filing status of single, you're certifying under penalty of perjury that you are indeed not married. Now, how are you going to explain to the USCIS that they should believe you have a bona fide marriage, when you swore to the IRS that you were single?

As to whether to file jointly or separately, it depends. Read Publication 519. Most of you are describing situations where the alien spouse is a nonresident alien. Ordinarily, a nonresident alien is ineligible to file a joint return, but if the nonresident alien is married to a US Citizen, the two of them can elect to consider the nonresident alien as a resident for the entire year for tax purposes. The bonus is that this allows them to file jointly, and qualify for the lower rates and higher exemptions that a joint return gives them. The downside is that it requires the alien spouse to declare all worldwide income. Income earned outside the US may be shelterable under tax treaties, so you may not end up having to pay US tax on it, but you've still got to declare it.

One further note about a point that always seems to come up in these discussions: Your spouse is NEVER your dependent. If you file a joint return, the two of you can each put down your personal exemptions, for a total of two personal exemptions listed on the return. But that's not the same as a dependent in tax terminology. A dependent is only a "qualifying child" or a "qualifying relative", and a spouse never qualifies under either category. Again, see pub 501, where it says, and I quote directly, "Your spouse is never your dependent".

Publication 501 and 519 may be a bit hard to get through, but they're much easier than immigration guides, IMO.

lucyrich

Not Telling

Venezuela

2008-02-06 13:21:00

Do cases ever bypass the NVC?

DCF cases don't go through the NVC. They start and finish with the Department of State.

But as far as I know, all visa cases that start with a petition filed with the USCIS go through the NVC in order to be handed off to the Department of State. Maybe there's an exception to this rule, but I haven't heard of one.

lucyrich

Not Telling

Venezuela

2008-02-27 18:36:00

taxes

QUOTE (AJS @ Mar 3 2008, 04:34 PM) <{POST_SNAPBACK}>

Forgive me if this has been asked a million times, but I thought I read somewhere that you can file as married and file separately. Then where it asks for your spouse's SSN you can put Non Resident Alien and you don't have to bother with doing the W7 or ITIN?

Yes, that's an option. And anyone with a nonresident alien spouse can do that.

Many couples will save significant taxes by filing a joint return, though.

This year, with the economic stimulus rebate being issued only on tax returns that have no ITIN appearing anywhere on the return, some folks may find that filing separately saves them money over a joint return, in addition to avoiding the W7/ITIN paperwork. But it depends very much on your individual tax situation.

lucyrich

Not Telling

Venezuela

2008-03-03 19:58:00