Francisc

(Sorry if I am posting this more than once, but it does not seem to be
showing up on usenet nor in Britishexpats)

OK, I think I can top the worst of horror stories, here goes.

My I-129F (K-3) petition was returned to NBC (see post
"reconsideration of petition").

I got their NOA of intent to revoke. Then, I got an RFE requesting
"an approved I-130" with proof that a bona fide marriage exemption was
granted. Also, they wanted this within 87 days.

HELLO?

1. The I-130 HAS NOT YET BEEN APPROVED (VSC's estimate is 150 - 999
days)! How can I submit something that does not exist? Not to
mention it does not exist through no fault of mine, rather that they
are slow in processing.

2. Even assuming arguendo the I-130 gets approved tomorrow, that will
have the effect of making the I-129F moot - so they are asking for the
one thing that will guarantee my I-129F's irrelevancy! That's like
telling a prisoner he can only go to trial if he provides proof of his
guilt, thus making the trial a sham!

I'm going to try calling and faxing NBC to see if there are any sane
worker's there and try calling HQs (I've got a contact named Gwen
Brown there) - if not, I'll write them a memo telling them to revoke
the petition as I will not reply to such an RFE and I'll appeal the
revocation.

Un-****ing-believable - and only in America!

fcdeliu

Now here's a post that nobody seems to have an answer to, chalk it up to draconian laws, malfeasant bureaucracy, and hard-luck immigrants, eh?

fcdeliu

C'mon, Folinskyinla, Matt or other regulars have nothing to offer? This seems like a case ripe for help!

Hypertweeky

Oppss That is unbelievable!! I am so sorry!!!

CharlieS

I dont know a whole lot about K3's and I-130 petitions but i was under the impression you have to file the I-130 and get approval for that before you can file the I-129.
I may be wrong, and feel free to correct me if so, but that is just my understanding of it.
If this is the case, then the RFE makes sense. If I'm wrong, then I will hush down and go back to playing my playstation.

Hebapotamus42

You have to file the I-130 before filing the I-129f. You send a copy of the 1st NOA of the I-130 with the I-129f petition. The whole purpose of the K3 is so that the foreign spouse can wait for approval of the I-130 in the United States with their USC spouse instead of going through a prolonged separation. No consulate will process a K3 if they have already received the approved I-130.

HunterGreen

Could someone at the center just have made a mistake and meant to ask for the first NOA of the I-130? Did you include this NOA when you filed the I-129f?

Just taking wild guesses...

Hypertweeky

What game are you playing??, My fave one is Tiger Woods 2003 . No You dont need to wait until your I-130 is approved!!, You only need the NOA1 from the I-130 to start filing the I-129. If you needed to have your I-130 approved.. the k3 would be pointless (As the K3 purpose is to bring family together while the I-130 is still pending..)

CharlieS

Thanks for the info there. I am so vague on the K3 process so appreciate the education.

I switch between Hitman 2 and Commando's 2 at the moment. Trying to take out all my frustrations on computer games instead of family and friends.

Hypertweeky

Hey you should try socom online!! Its fun!!

Francisc

HunterGreen <member@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Francisc
    >
    > > Then, I got an RFE requesting "an approved I-130"
    >
    >
    >
    > Could someone at the center just have made a mistake and meant to ask
    > for the first NOA of the I-130? Did you include this NOA when you filed
    > the I-129f?
    >
    >
    >
    > Just taking wild guesses...

Nope, alas, I got the RFE in front of me and it states:

"Please submit an I-797 Receipt Notice from an INS Service Center
establishing approved I-130 (Immigrant Petitions for Relative, Fiancé,
or Orphan) on behalf of: Spouse"

It goes on to also ask for:

"Other: Your request for exemption to 8 CFR must be approved along
with the I-130"

It seems like a standard form letter, so I ask other NBC RFEs if this
is on their form letter as well (but not checked off)?

Why would they have such a request pre-printed on the RFE?

I can't even submit my 1st NOA as I don't have it (it was sent to them
when I filed the I-129F), so they could not possibly be asking for
that.

It does nt seem to be a clerical error, as they have boxes on the form
for just such a request - what the heck!?

fcdeliu

But, let's say the I-130 is approved, but has not yet made it to the Consulate (i.e., still at NVC), in that case I think the I-129F K-3 is still valid, since the petitioner still has the choice of having the I-130 sent to the Consulate OR used for AOS purposes. Anyone?

Hebapotamus42

I believe that so long as that it has not been forwarded to the consulate, then the K3 is still on. I-130 being approved won't have any effect on the processing of the I-129f in the United States. But if an approved I-129f is sent to a consulate, and they already have an approved I-130, that kills the k3. Because the point of the K3 is for the spouse to wait in the US until the I-130 is approved. From a personal standpoint, it wouldn't make any sense to go for a K3 if the I-130 has been approved.

fcdeliu

The letter/memo that will reply to the RFAE is...?

fcdeliu

John Doe
123 4th St., Ap. 5
Springfield, DC 90210

U.S. Department of Homeland Security
Bureau of Citizenship and Immigration Services
National Benefits Center
Post Office Box 648004
Lee's Summit, MO 64064

***

FILE NUMBERS:
MSC#03-***-*****
A-********

ATTN: Officer # MSC/*****

Dear Officer:

I write in response to your letter dated *** in which you requested
additional evidence (copy enclosed). I regret to inform you I am
unable, not unwilling, to provide you with the documentation you
requested as it does not exist for reasons I detail in depth in this
letter. As a collateral issue, the I-129F (K-3) petition is good only
until such time as an I-130 IR petition is approved. Therefore, the I-130 approval you are asking of me would have the effect of
nullifying my I-129F (K-3) petition. As such, I do not see the logic
in asking for such a document to further "process" my petition.

Some background regarding the petition in question. I filed an I-130 petition (*************) with the Vermont Service Center on the *** to help my wife immigrate permanently to America in order to preserve our family unity (copy of I-797 Receipt Notice enclosed). I sought a "bona fide marriage exemption" pursuant to 8 C.F.R. § 204.2 when I filed the I-130. I filed an I-129F (K-3) petition with the National Benefits Center on the ** and sought a "bona fide marriage exemption" pursuant to 8 C.F.R. § 204.2 when I filed the I-129F. The I-129F was duly approved on the ***. BCIS NBC was aware of my "bona fide marriage exemption" request vis-à -vis the cover letter I filed with my I-129F and indeed approved the petition. The I-129F approval was reopened on a BCIS motion on the ***. I note that the case was reopened in spite of no new information nor any alleged fraud, the only two legal bases for reconsideration of a petition (see e.g., 9 FAM 42.41 N 1).

On the *** I was provided with a Request For Additional Evidence that asked me to provide, within 87 days, inter alia, a copy of an approved I-130 from a Service Center which also includes a note from that Service Center that a request pursuant to 8 C.F.R. § 204.2 was taken into consideration as part of the approval process. The current status of the I-130 is that is has not been adjudicated and VSC is estimating a timeline of between 150 – 999 days for a decision.

As such, it is IMPOSSIBLE for me to provide an approved I-130 petition as it does not exist. Moreover, it is IMPOSSIBLE for me to provide it within 87 days because it is not in my control as to when VSC will handle the case. Further, it is IMPOSSIBLE for me to include a note showing that the "bona fide marriage exemption" request was taken into consideration in approving the I-130 as the VSC may or may not provide me with such a notice, as they are almost certain to only send an I-797 Notice of Action informing me of their decision (much in the same way the NBC did). Therefore, my response, without prejudice, to the RFAE is that I am unable to provide the requested evidence for the following THREE reasons:

(I) IT DOES NOT YET EXIST;
(II) IT IS BEYOND MY CONTROL AS TO WHEN IT WILL EXIST; AND
(III) IT IS HIGHLY IMPROBABLE THE VSC WILL EVER PROVIDE ME WITH AN EXPLANATORY NOTE AS TO 8 C.F.R. § 204.2.

Also, bear in mind that an I-129F (K-3) petition is only valid until a
decision on an I-130 IR petition is made. Therefore, once I provided you with such a form the I-129F (K-3) petition would be moot. In essence, in order for the further processing of my I-129F (K-3) petition, I am being asked to provide the one form that would cancel my I-129F (K-3) petition, surely a ‘catch-22.' For that matter, I cannot even provide a copy of the original I-797 first NOA from the VSC dated *** since I was required to submit that to NBC when I filed the I-129F (K-3) petition late last year.

If my I-129F is revoked for failure to reply to the RFAE, or continued assistance I provide the one form that will quash my I-129F (K-3) petition, I fully intend to appeal the decision. As an appellate issue, I shall argue that I was improperly asked for evidence that not only can I not obtain within the specified time limit, but does not in fact exist yet. As a further matter, I shall note that I asked for the "bona fide marriage exemption" of the Immigration Marital Fraud Amendments Act and my case was approved, yet I had my petition returned for reconsideration, and moved to be reopened, even though there was no fraud alleged nor any new information, contrary to law.

I will also call the NBC at (***) ***-****, fax the NBC at ext. ****,
email the NBC at ***, and call the BCIS at 800 375-5283 as
well as headquarters at (202) ***-**** and Gwen Brown at ext. ****, to check on the status of the case (60 – 90 days processing time estimate). I have also filed a FOIA/Privacy Act request to see the internal documents relating to any decision(s) made and the reasons relating to adjudication. Lastly, if the RFAE request is the basis for a revocation or if my I-129F (K-3) petition is not re-approved in spite of the fact I asked for a "bona fide marriage exemption" pursuant to 8 C.F.R. § 204.2 and was duly approved, I wll certainly file a formal complaint with the Office of Inspector General and Secretary Tom Ridge.

I respectfully request and expect that my I-129F (K-3) petition will
be re-approved without any further delays or errors, else I be forced to file a writ of mandamus.

Yours faithfully,


DEPARTMENT OF HOMELAND SECURITY
BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
NATIONAL BENEFITS CENTER
--------------------------x )AFFIRMATION
***, )OF ***
)*** IN
PETITIONER, )SUPPORT OF RE-
)CONSIDERATION
AND )OF I-29F (K-3)
)PETITION IN
DHS – BCIS - NBC, )RESPONSE TO
)*** REQUEST
RESPONDENT. )FOR ADDITIONAL
--------------------------x ) EVIDENCE

FILE NUMBERS: ************* & A-********* ATTN: Officer #
MSC/*****

I, ***, hereby affirm on my own knowledge and belief that:

1. I am a citizen of the United States of America;

2. I was born in *** on ***;

3. I reside at ***, and my telephone number ***;

4. *** is my wife through our *** marriage;

5. Our marriage was entered into in good faith, in accordance with the
laws of the State of ***, not for the purpose of procuring my wife's
entry as an immigrant and no fee or other consideration was given;

6. We had met on the ***, been together as a couple since the ***, and
been engaged since the ***;

7. We suffered the miscarriage of a child on the ***;

8. We renewed our wedding vows in *** on the ***;

9. We recently celebrated our *th wedding anniversary in ***;

10. Our marital relationship is bona fide.


__________________________
***
Dated the ***