bba1vol

anyone been approved from missouri late on a 129 .............brenda

Mdudall

    >anyone been approved from missouri late on a 129 .............brenda

Hi Brenda, I'm actually signed up to take a tour of the MSC on the 23rd (10 days from
now... I'd better buy that airline ticket). I just heard that they are also adding a
tour of the central storage facility, and I'm looking forward to doing a little
spelunking in the "cave in Missouri" (hey Alvena, is this close enough to your house
where I could come and visit with you and Arnaldo in the evening?).

I "do" plan on going, but who knows I might change my mind (or decide to drive as the
worst case scenario) once I start looking into airline ticket and hotel/motel prices.
For those of you who live near Lees Summit, what else is there to do, of interest, in
that vicinity?

And if I do go, I'll see what I can find out about the K-3/4 cases and report back to
the group.

Regards, Matthew Udall Attorney

Girard Bourque

Matthew

Any word would be greatly appreciated. When you are there (if you decide to go), can
you add to your list of questions, the one concerning the divorce paperwork. Is it
or is it not required for the K-3. BTW I sent you that question 12, did those of us
that did not include the paperwork make a mistake?

Jerry

mrsstrickland

they still have to sent me the RFI telling me what they want, dont know how long it is supposed to take for them to notify me, but after going through all my paperwork the only thing different was the divorce papers, my message hasnt changed on the telephone so i guess until it changes i wont receive what they want, i thought once they decided they wanted an RFI they would post it straight out, but i guess it dont work like that, but anyway if you could find out as much as you can regarding this question 12 we would appreciate it...

bba1vol

i called today and it will be 60 days tomorrow
on the 15th...... how long after we receive the
notice that it has been approved.. will it take for
him to get his medical and temporary green card.........i want him
here....this is killing me
do we have to wait for the fbi to clear his fingerprints.....or is that
something that can
be done quick....since he has no criminal record

Girard Bourque

I don't know about the FBI fingerprint requirements. The time frame that I
received from the consulate in the Dominican Republic, is that once they
receive the application from Mo. they send out the packet 3. Once my wife
returns the packet 3 they will do their thing and then she recieve the
packet 4 with interview and medical appointment dates. In Santo Domingo
they usually receive the packet 4 about 1 month prior to the interview.
Their best guess at this time, is that the interview should be about 2
months after they receive the packet 3 as long as they receive everything
they need, and there is no problem with the background check. Prior to June
(and this was the time table we use to decide on a wedding here or there -
wrong guess) was that about 4 months after Mo sent approval, they were in
the US. Most timelines I seen were averaging 5 - 6 months. The local INS
office confirmed that they were seeing the same timelines. Apply in June
and they would be here for Christmas.

Timing is everything! Only couple months earlier and we would have fallen
on that timeline. Not any more. As a side note, my friend wrote to his
congressman and they informed him that 30% of all complaints they receive
are people dealing with the INS. With all the problems that American face
now a days, INS should not be the leading cause. But that is just my
opinion

Jerry

sid

Hello,
I am still waiting for my K-3 approval. 1st NOA date is April 30th, 2002 (138 days).
Does anyone know any website that gives applicant's timelines for K3 and I-130? The one that I know of (www.marriagebasedvisas.org) does not get updated that often.
Thanks.
-Sid

bba1vol

thank you please keep us informed

bba1vol

thank you please keep us informed

bba1vol

i would like it too

Mdudall

Hi Jerry,
Yes, I received your e-mail from the 6th, and I'm going to reply to your
posting here in the group instead of privately to your e-mail so the others can
read what I have to say too.

OK, I've printed out the I-129f instructions and have them right in front of me
(Rev. 11/20/01) Y.

I do see in item #12 where they say you can omit the documents required in
question 5.

All I can say is that I think these are poorly written instructions. I've
always said that I "never" just follow the instructions on a submission, and to
do so is what I call a "bare bones" submission. Instead, I document a case
well, in light of the client's particular facts and circumstances regardless of
what the instructions might say. I do this out of experience dealing with the
INS, and thus "knowing" what the INS will want, and what they "might" have
problems with (a potential red flag issue) and how to document the case in
light of those considerations.

I know this is probably your "first" I-129f submission, so don't beat yourself
up too much if you get an RFE for a divorce decree. This is a situation where
you "can" possibly blame the government for a poorly written form instruction,
and if you get an RFE from the MSC for a divorce decree it means one of two
things.

Either 1- INS HQ was correct and the divorce decree should not be required by
the MSC (#5D), and thus MSC needs to be notified to do some extra training with
their officers on this issue, or...
2- MSC is correct (which seems logical to me) that they want to see the divorce
decree, and thus INS HQ needs to be notified about the problem with the
instructions.

Item #12 says to skip the items in #5. Well, lets take a look at the items in
#5.

5A: Evidence of meeting within the past 2 years or evidence to persuade INS
that this should be waived. It makes sense to me that they would not need to
see this in a marriage case.

5B: Statements and evidence of intent that the couple will marry within 90 days
of entry. Again, since the K-3 is for married couples, it makes sense not to
require this.

5C: Evidence of Special Consent or Permission to marry if needed due to one or
both of the parties age, and depending on where the marriage is to (or for a
K-3, did) occur.

Now this one to me, I would submit anyway. After all, a K-3 is based on
marriage, and if the couple did live and marry in a state that required special
permission or consent, I would worry that if the "DID NOT" first obtain that
special permission or consent before marriage just "might/probably" mean they
are not really officially married (and thus not eligible to petition for a
K-3). That would be a good question for family law practitioners for whatever
state that was in question.

5D: Evidence showing prior marriages were terminated. That's an easy one,
because if the prior marriage was not terminated, then how could the next
marriage be valid and one that a K-3 could be based? Again, if there were any
arguments to say it really was valid under an unusual circumstance that we are
discussing (prior one not over with yet), a family law attorney for the state
in question would be the one to contact for that answer/analysis.

So, if I had written the #12 instruction item, I would have said to omit items
5A and 5B, but to include items 5C and 5D if applicable. But that's just my
thoughts.

I'll ask at the MSC, if I go... and I'm leaning more and more towards going.

Regards,
Matthew Udall
Attorney
http://members.aol.com/MDUdall/index-
.htm

Amelia Chang

Sid,
You need to contact your elected official(Senatar or Congressmen).
Your case is behind the schedule. Now I knew someone with 1st NOA May
15 had received the approval notice. The elected official would find
out what is happening on your case.

Jack


sid <[email protected]> wrote in message
news:<[email protected]>...
    > Hello,
    > I am still waiting for my K-3 approval. 1st NOA date is April 30th, 2002
    > (138 days).
    > Does anyone know any website that gives applicant's timelines for K3 and
    > I-130? The one that I know of
    > (www.marriagebasedvisas.org) does
    > not get
    > updated that often.
    > Thanks.
    > -Sid
    > Originally posted by Girard Bourque:
    > > I don't know about the FBI fingerprint requirements. The time frame
    > > that I
    > > received from the consulate in the Dominican Republic, is that once
    > > they
    > > receive the application from Mo. they send out the packet 3. Once my
    > > wife
    > > returns the packet 3 they will do their thing and then she recieve the
    > > packet 4 with interview and medical appointment dates. In Santo
    > > Domingo
    > > they usually receive the packet 4 about 1 month prior to the
    > > interview.
    > > Their best guess at this time, is that the interview should be about 2
    > > months after they receive the packet 3 as long as they receive
    > > everything
    > > they need, and there is no problem with the background check. Prior
    > > to June
    > > (and this was the time table we use to decide on a wedding here or
    > > there -
    > > wrong guess) was that about 4 months after Mo sent approval, they were
    > > in
    > > the US. Most timelines I seen were averaging 5 - 6 months. The
    > > local INS
    > > office confirmed that they were seeing the same timelines. Apply in
    > > June
    > > and they would be here for Christmas.
    > >
    > > Timing is everything! Only couple months earlier and we would have
    > > fallen
    > > on that timeline. Not any more. As a side note, my friend wrote to
    > > his
    > > congressman and they informed him that 30% of all complaints they
    > > receive
    > > are people dealing with the INS. With all the problems that American
    > > face
    > > now a days, INS should not be the leading cause. But that is just my
    > > opinion
    > >
    > > Jerry

sid

Jack,
I have contacted my congressman's office. The INS director there said that it would take 2-3 months to get a reply back from MSC!! When I told her that others are able to get a response in a lot less time, she said that other congressmen will just tell you that your application is under process, which you already know, but she is going to try and get my petition approved which is why it'll take longer.
Now what do you folks think of this? What I am thinking is that if it takes her 2-3 months then what is the point? I mean in a month and a half it will be 6 months -my NOA letter says 2-6 months, so how is she helping me? Then again the kind of luck that I'm going through, who knows? Do you think she is doing anything to help me? Should I contact my senator too or should I just stay put?

-Sid