MMA2002

Hello everyone -

A friend of mine's fiance has applied to get a K-1 visa. He is in the U.S. right now on a different visa but was planning to fly back to Ireland for the interview. According to them he was all set to get his visa and now it's been reopened for reconsideration. Anyone have this experience before? I'm giving them the names of the two people in Senator Kerry and Kennedy's offices in case they can be of any help but I wanted to throw this out to you guys since you were always helpful with Mahir's and my issues! Thanks!

Allison

gag54611

Without knowing any other details, it sounds like he's been affected by the IMBRA law changes. If this is the case, your friend (the USC fiancee) will receive an RFE and be asked a few extra questions. Once answered, things will progress.

G

janadeen

When you say - "was all set to get his visa" - exactly what do you mean?

meauxna

If his initial petition was filed in March or later, it was likely recalled to comply with a new law (IMBRA). The USC petitioner will get something in the mail that she needs to complete and return. The interview will then be rescheduled.

Word at visajourney was that Dublin pulled some people out of the interview line that maybe should not have been---if he feels that is the case, now would be the time to be in contact with his Consulate for more information. He should also not be too disappointed if they don't have any more information for him.

Rete

Actually the K-1 was not adjudicated. The visa interview he will have in Ireland is for the K-1. The I-129F has been approved.

I don't know why he said he was all set to get his visa. He still needs to be in Ireland, he needs his medical, all the documentation asked for including police clearance. He is a long way from being near to an interview date.

MMA2002

So this IMBRA law changes what? I'm not sure when his initial petition was done so I'll check that but with this IMBRA law, his petition could have been approved but then taken back until he complies with this law? Is there somewhere I can find information on the IMBRA law? Thanks for everyone's information. This has been a wierd case to follow since he's here in the U.S. with his fiance and my experience was only with my fiance in Turkey during the whole process.

Noorah101

Just out of curiosity, what visa is he on now, in the USA? And why couldn't he simply AOS from that?

Rene

Rete

The information you want can be found in this thread ... think the fourth post in.

http://britishexpats.com/forum/showt...ighlight=IMBRA

meauxna

MMA, in addition to that thread, here's what I've gleaned at VJ (there is a new forum there devoted to the topic, but most of the panic has died down).

The law was passed, but the new form required by the law was not drawn up in time. Petitions that had worked their way thru the system quickly (Vermont) were sent ahead to Consulates and interviews scheduled.
Then it was determined that those petitions approved after the deadline were void becasue they didn't have the information that the new law requires.

Some 1100 petitions were returned to USCIS, "RFE" letters were sent out to collect the new information and the petitions are being re-approved and distributed to the Consulates again. This was a temporary glitch. There is now a new I-129f that has all the required information, so newly filed petitions won't face this issue.

Once the USC completes the RFE letter and gets it back to USCIS, the case will get rolling again. *IF* that is indeed the issue your friend faces. They should be able to get online info on their specific case at uscis.gov

The missing IMBRA information is related to the USCs criminal background including domestic abuse issues and multiple K petitions filed, AFAICT.

[email protected]

So, let's say the US Citizen sponsors the foreigner for a K-1. They get
married within 90 days, file AOS ...
And the foreigner makes the mistake of leaving the country without an
advace parole, that law requires the US citizen to wait the 2 year
anniversary of the K-1 before he/she could file an I-129F to get a K-3
and his/her husband/wife back in the US.

Am I correct?



Noorah101 wrote:
    > > So this IMBRA law changes what? I'm not sure when his initial
    > > petition was done so I'll check that but with this IMBRA law, his
    > > petition could have been approved but then taken back until he
    > > complies with this law? Is there somewhere I can find information on
    > > the IMBRA law? Thanks for everyone's information. This has been a
    > > wierd case to follow since he's here in the U.S. with his fiance and
    > > my experience was only with my fiance in Turkey during the whole
    > > process.
    > Just out of curiosity, what visa is he on now, in the USA? And why
    > couldn't he simply AOS from that?
    >
    > Rene
    >
    > --
    > Posted via http://britishexpats.com

Noorah101

I don't quite see what your question has to do with the original post, but....no. They don't have to wait 2 years for anything. They are now married and can file the I-130 (and I-129F if they want) and follow the spouse visa route. No reason to wait 2 years.

Rene

Noorah101

OK, I see how it relates to the OP now. And I'm not clear on if there's a 2-year wait or not. To me, it sounds like not, since it's a different visa type.

Rene