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Question; Definition of Isanity and TSC I129F...WE GOT APPROVED!!!!!

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  • Question; Definition of Isanity and TSC I129F...WE GOT APPROVED!!!!!

    I am a USC. I filed petition for Fiancée Visa well over 300 days ago...Nothing back from the TSC yet. Called 10 times at least and was asked to call back in two weeks each time. Requested a trace. Still waiting.

    My question to the board is this...if my fiancée, born in Montreal, comes over to see me, which she is allowed to do, and over stays past the 60 day mark, can we get married without waiting for the TSC to get their act together?

    And if so, will she be able to travel home to Montreal to visit her parents for holidays?

    Also, she won't have to work, we plan to raise a family, but if she chooses to do so, how will marrying her in this manner affect her AOS or her ability to work in the US?

    Any help will be greatly appreciated.

    [This message was edited by rsexmm on March 17, 2004 at 09:54 AM.]

  • #2
    I am a USC. I filed petition for Fiancée Visa well over 300 days ago...Nothing back from the TSC yet. Called 10 times at least and was asked to call back in two weeks each time. Requested a trace. Still waiting.

    My question to the board is this...if my fiancée, born in Montreal, comes over to see me, which she is allowed to do, and over stays past the 60 day mark, can we get married without waiting for the TSC to get their act together?

    And if so, will she be able to travel home to Montreal to visit her parents for holidays?

    Also, she won't have to work, we plan to raise a family, but if she chooses to do so, how will marrying her in this manner affect her AOS or her ability to work in the US?

    Any help will be greatly appreciated.

    [This message was edited by rsexmm on March 17, 2004 at 09:54 AM.]

    Comment


    • #3
      Did you file all your application for the K-1 visa properly? Affadativ of support etc. and do you qualify to sponsor a foreigner? Are you a U.S. citizen or an LPR (the difference is in being approved is like 5+ yrs.... If there are some inconsistencies, INS might be delaying your application or could have just left it to 'no priority'. Investigate on it to find out what exactly the delay is about.

      In any case, you should not have her come visit to overstay and get married with you when the other petition is not decided yet. Besides from being a visa fraud (since she'd be clearly entering the U.S. as an intending immigrant with a pending K-1 visa, INS has a very easy case on this to deny any subsquent petitions).

      It would only gravely procastinate any adjustment if not complicate things up to a point where she will become stuck one way or the other. She wouldn't be able to travel once she's married and her status is not adjusted properly. I'd investigate on the K-1, file for a "freedom of information act" and find out exactly what happened to the petition?

      Comment


      • #4
        Thank you for the information. I would like to know more about how to inquire via the freedom of information act. But I really think that the problem lies within the inadequacies of the system and its processes.

        I am a US citizen by birth. She is Canadian...by birth. No flags lie within her lineage or mine. I have a job and yes my salary is far above the poverty line which sadly is not a difficult thing to do. I filed everything there is to file. I had it reviewed by an attorney for accuracy. There were over 40 I129f applications filed on the day the TSC received mine. 5 are still left in the dark. I wrote my congressman via email. Got a staff letter his office 6 weeks ago that said they would look into it and get back to me. Still waiting.

        Too many reports of revolving door issues flood this board. One case worker leaves and his successor gets presented with more cases that have had the same shelf life as those currently on his desk, but get put to the bottom of the pile. Similar excuses veil the primary problem. The US has no real way of filtering the fake request of marriage to an immigrant from those that are truly real. So, they delay and deny until only a persistent few stay together long enough to actualize that which they have a right to do...pursue happiness and be married.

        My thoughts for posing the question in the first place stem from the on-set of desperation. Maybe I'm being emotional and dramatic...but I would venture to say that these issues are exactly that...they are emotionally driven. When I hear her crying over the phone to me...about how much she wants to be with me...and that I as a man...driven to be the fixer of problems can do only my very passive best and tell her to be patient...that this things take time...Yes...I am convinced that this is dramatic.

        I see a lot of very articulate people on this board, Pandora, E., Pasha...I'm holding on to her from a distance...Can anyone of you point me into the direction of an answer? Here is the risk versus reward...We want to be a family. To live someplace warm in the US, without losing her ability to visit her mom from time to time.

        Thanks for letting me vent and for taking the time out of what I am certain are very busy schedules to respond to me.

        Comment


        • #5
          Wrote my Congressman again today...but I'm not holding my breath...Does anyone have any ideas on how I can get this thing moved forward?

          thanks..

          Comment


          • #6
            If neither of you have any skeletons hiding in closets, and the facts are as straightforward and clearcut as you imply, and you feel like spending some money, you could consider filing a mandamus action in federal District court. This forces USCIS to adjudicate the petition. When faced with these actions, USCIS often adjudicates the case within 60 days.

            Comment


            • #7
              If you filed 10 months ago, this is way past the TSC processing guideline. Wrote to your Congressman? Go in to his office and speak with his staffer for immigration. Be nice, ˜cause they are there to help you, and there are a half dozen really nice people in TX just waiting by the phone to help the Congressman. Find out what is going on. There may be a problem with your fiancée. You say she was born in Montreal, but does she have other citizenship besides being Canadian? Has she traveled to certain world regions? Tried immigrating already? Is a spy? Or her file could just be sitting on some lazy fat-***'s desk rotting away.

              Comment


              • #8
                After all of the push offs and delays I got from the National Customer Service Center, I guess I must have left my aggressive persuasion behind somewhere!! I never thought of getting a face to face with anyone ˜til now. Thank you for the idea of going and knocking on the congressman's door! I'll give that a shot!

                Any other ideas would be greatly appreciated!

                As for her background...nope! She's never traveled to any place that wasn't sunny and politically benign...Except California!! LOL

                As for the mandamus action...sounds pricey, just to find out what is wrong and needs to be corrected...but nice to know I can force them into hearing me.

                Comment


                • #9
                  A mandamus action should be last resort and only when case has been pending an unusually long period of time. Did you get a receipt? Is 300 days outside of the processing time for TSC? TSC is NOTORIOUSLY slow about EVERYTHING. I'm thinking 300 days is probably well within established timeframes. Just remember a mandamus action only compels CIS to take an action it doesn't say it has to be a positive action (could be a denial) or a complete action (sending an RFE or FP notice is an action). Something to think about before you p**s off the people who will eventually be taking an action on your application. By the way, a record of the mandamus filing will remain in the permanent file so every officer who picks up the file will know that you filed a mandamus at one point.

                  Comment


                  • #10
                    Bronzelady, I find your remarks regarding mandamus actions a little disturbing. 300 days for a fiance visa petition is UNACCEPTABLE ANYWHERE, and to suggest that people will face retaliation from an agency of the United States government for exercising legal rights is quite a statement to make. I assume you speak from a position of knowledge?

                    Comment


                    • #11
                      bronzelady is right. mandamus has to go to the 9th circuit court of appeals, its highly expensive and should only be used as a very last resort. this guy can get action of processing of 129K in a different manner, and shouldnt have waited 300 days to begin with. you need to save your silver bullets for use when you need them, not just use them because you can.

                      Comment


                      • #12
                        rsexmm:

                        I din't search/look up precedents and I am not an expert on this issue.

                        I have only remote ideas about how 129k works.

                        My question to you is: WHY wouldn't you go to Canada, marry her and have her apply and come here as temporary Legal Resident?

                        Second question: while her residency (or other case) is pending, why not go and visit her? Borders between US and Canada are open, so you could make her feel much better by seeing her once every two weeks, or as often as you could afford.

                        Third: BronzeLady speaks from one, PARTICULAR point of view.
                        I will tell you the other side of story: JUDGES DON'T LIKE when some USCIS employees grossly abuse people's right.
                        And the Officer in charge will have some setbacks if he/she was in charge and wilfully refused to decide the case.

                        If you are on the RIGHT side file your petition and force them to decide your case. Under law they have no choice but to approve, unless there IS some LAWFUL reason to deny it.

                        But know the balance: don't act agressively (filing mandamus action and etc.) unless you know that you have to.

                        It could be that her clearance didn't get through. BCIS has nothing to do with that and relies on other Federal Agenccies on this.

                        In any case, I am NOT good in I-129k cases,(don't remember reading any court case about it ), and I would suggest you to rely on the advice of good immigration attorney or at least someone who has better knowledge of the I-129k cases.

                        Wish you good luck

                        E.

                        Comment


                        • #13
                          E. Thanks for the reapsone...Here is the scoop; The reason I didn't marry her first is that the I129f Visa allows her entry into the US to marry and live with me and file for an AOS.

                          I understood that marrying her and then bringing her to the US would take even longer to do. Yes...I visit her...she visits me, but the border guards at the airports are starting to give her grief about the frequency of her travel during the process. And the stress is taking its toll on our relationship.

                          I went to my Congressman and spoke to his staff regarding the issue. I'll let you know what is what.

                          Comment


                          • #14
                            mandamus actions go to federal court (not 9th circuit). Also, many mandamus actions have been dismissed as frivolously filed. Federal courts have limited review of CIS actions. Listen or don't listen it's up to you but as I said taking an "action" can be as little as sending out a fp notice or RFE. That will close out the mandamus. 300 days is nothing given the number of applications filed DAILY and the number of people there are to process them. People wait YEARS for some processing so forgive me if 300 days doesn't make me feel sorry for you

                            Comment


                            • #15
                              rsexmm:

                              As I told you I am not an "expert" in "fiance visa processing" cases.
                              I always assumed that these were the "smoothest" and easiest of all, and therefore never spent an hour researching/reading about this subject.
                              I guess I was wrong


                              Anyway, there must be some average timeframe that it takes that particular office to process similar cases.
                              If yours take far beyond than what it should (meaning that people who filed I-129f 6-9 months after you have their spouses start thinking of filing I-751, while your petition is stuck in "processing"), then you could try to contact the office where it is being adjudicated, and contact it directly.
                              NOT 800 number, but actually try to talk to the Officer at the center where your petition is being processed.

                              I forgot where I have seen the guidelines (could be in one of the monthly updates of www.shusterman.com), but I remember there were guidelines on how to get information from processing Office by phone(speaking to one of the Officers directly) or through fax inquiry.

                              Some Attorneys are able to do that.

                              Most of the people complain that they never can get through or get any feedback.

                              If the Office tells you that the delay is due to pending CLEARANCE then you have NO CHOICE but to wait.

                              Otherwise, you have to consult with the Attorney and see if you should file mandamus act.

                              Obviously, if you just go ahead and frivolously file it to have your petition processed faster than anyone else's filed at the similar timerange, then Judge will angrily dismiss your case and you will gain nothing, except making sure that now it will take twice or even longer time to get it adjudicated.

                              But if the time you are waiting for adjudicating is FAR beyond the reasonable frame, and if Security Clearance is not an issue, then go and file what needs to be filed to have your case processed.

                              Adjudicating Officer is just as human being as you are, and no one can claim to be above the law.

                              Anyway,as I said before, don't make a fuss until are 100% sure that you have NO OTHER CHOICE, or else you will only delay the adjudication of your petition.

                              It always makes sense to act through attorney when there is any kind of complication.

                              Good luck

                              Comment

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