Barbara Sternick

Received notice from the Texas service center with case # on oct 22,
2002. It was stated that the K1 approval would take 60-90 days.
Talked to a representative on December 31, 2002 regarding the propects
for approval within the stated timeframe and was told that it will
take at a minimum 6 to 8 more weeks before they will begin processing
the petition. As I indicated in the petition filing, we would like to
get married on the April 12, 2003 - the reception and wedding venues
were contracted for based on the 60-90 days given in the case #
acknowledgment and another 6 weeks for the K3. Is there a better way
to get more definitive data from the Texas Center? Can it be speeded
up in any way? Who shall I call? We have a lot of money at risk.

Matthew Udall

Forget the 60 to 90 day language. Those numbers come from INS HQ, not the TSC so they might not even be close to the reality of what is going on at the TSC at any given moment.

Instead, you can monitor what is going on at the TSC by referring to the courtesy numbers they give to AILA (I repost those numbers on my page located at, http://members.aol.com/MDUdall/sctimes.htm). These numbers "do" come from the TSC. Use the reports to determine when the case has been given to an officer, then add 30 business days to the date of the report (the report where you determined that your case was given to an officer) to determine your "overdue" date. You would contact the TSC to complain “if� your case becomes overdue. Good news is that once given to an officer, they usually process a case before it becomes "overdue" as per this calculation.

You can always try contacting them about your wedding plans and the fact that you will lose money, however “poor planning� (their words, not mine) is usually not going to cut it with them for an expedite (but I suppose you have nothing to lose by trying).

I really hope you don't end up losing any money. The Consulates themselves, in their materials warn people not to quit jobs, sell property, book flights, etc. until the visa is "in hand" since obviously there are many factors that come into play and they (the Department of State... and for that matter the INS) cannot guarantee any specific outcome within any specific time frame.

And after all, what sort of guarantee did you ever have that your fiancée will “ever� receive a visa (granted, the odds are he will, but you never know). There are security checks, potential IBIS hits, slowdowns due to world events, slow downs due to INS backlogs, etc. that could impact processing. Hopefully you put together a well-documented submission to reduce the odds of getting a request for more evidence.

I really wish they would take those INS HQ generated numbers off of the receipt notices!

Good luck.

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

Jana

What I wish is for you to stop defending the Texas Service Center, but we don't all get our wishes now do we? I'm not trying to disrespect you Mr. Udall but you don't know how this feels to be waiting for this service center. You can watch on with a sympathetic demeanor but unless you experience this you will never understand. When I submitted my application to the Texas Service Center they were approving cases within 3 weeks. I have seen one approval come from them since then. At least people from Nebraska know what they are getting into prior to sending in the petition. I have no vacation left from work and have no clue as to when I will see my fiancee again. And to add insult to injury, the INS will not allow him into the country. Typically Marc would be able to cross the border (Canada) with nothing more than his birth certificate, but because we choose to go the legal route we are being punished.

And Marc is from Canada! A place where if necessary I can drive 20 hours to see him on about 120 bucks on gas. Some people must fork over 100's even 1000's of dollars to see their fiancee's.

How complicated can my application be? Single adult, never married engaged to single adult, never married. No criminal records for either, income more than comfortably over the poverty level. Not to mention that my fiancee is from the country that is our biggest allie. I understand that cases shall be processed in Chronilogical order but I can't understand why they would shut down processing of these visas at one service center and not all others. And your little numbers and their little numbers are not what I go by. I go by the little numbers posted here or at davehollis's website showing ACTUAL APPROVALS. And my "number" is September 17, 2002, the date kate was approved.

I understand that people will say "be thankful it's not Nebraska" and "be thankful it isn't like it was last year". I am "thankful" that I have an understanding fiancee who is willing to wait through all this to be with me.

I have began looking into moving to Canada Mr. Udall. It is sad when in order to be with the person I love, I am forced to leave my country. I am sorry that this may come off as rude, but I just want to scream "why do you defend them?" everytime I see your posts!

Matthew Udall

But I'm not defending them. Instead I'm offering information to you that was given to me by them (the INS) in how to determine when a case is overdue. Top ranking service centers staffers (sometimes the directors themselves) have told me that we cannot rely on the numbers on notices as those numbers don't come from them (but rather INS HQ). The courtesy reports the service centers give to AILA are not “my little numbers�, but rather little numbers that actually come from the service centers based upon what is sitting on their shelves in the file room. Would you really rather rely on inaccurate information (the numbers on the notices)???

I can certainly "understand" someone being upset that this takes time (believe me, I know as I have a lot more than 1 case that I'm waiting on), but please don't be upset with me or try to brand me as "defending" INS when all I'm doing is sharing accurate information with you so you can at least be dealing with reality when it comes to case processing times (and as a side note, I've been separated from "my" loved one for around 15 months now, so I think I have a little idea how you might feel). And of course, you are free to ignore what the top INS Service Centers staffers have told me, but please don’t shoot me for trying to give you an alternative way (and an accurate way according to “them�) to determine if and when to consider a case as overdue.

Perhaps the person who now might be running into losing $ due to making plans on "inaccurate" information could have benefited from knowing this. My hope is that by sharing this information, there will be fewer future do-it-yourselfers who will make the same mistake (in relying on information that "should NOT" be relied upon).

Perhaps they were processing within 3 weeks when you filed, but anybody who follows this knows the Service Centers have fast and slow spells for a variety of reasons.

Your case indeed might not be complicated at all, and perhaps you documented it very well and it will be a breeze for the INS officer to process once he or she "gets it". But that has "nothing" to do with INS work load (how long it takes it to get to the officer) or to other unknowns that might slow down your case (such as an IBIS hit that your case might have received compared to other cases, including Kate’s). As Folinskyinla has also mentioned many times, you can't go by one case to determine how long the next one will take ("Especially" now with IBIS).

I personally hope your case is approved soon. Good luck.

M.U.

Careybear

I thank you for being on here and helping all of us and I read your whole post and you weren't defending them at all just helping the first person that posted....like you said there is no way i'm going to rent any hall or anything until my fiance has the visa in his hand.

so the nebraska service center is the worst then? I live in michigan and have to go through them...oh bummer!!!

Also, what is an IBIS?

Carey

Thanking you for all the help you give to us do-it-yourselfers...

angeles73

Jana:

I can tell why you are so upset. And believe me I feel the same way. It is so obvious that the Texas Service center's problem is not about being understaffed or underfunded, but rather the MANAGEMENT that it makes you just want to scream at them. GET YOUR SH#T TOGETHER!!!!!!!!!!!!!!! You are affecting poeple's lives with your incompetence.!!!!!

But unfortunately we can only wait. When y ou see Service Centers like Vermont do things THE RIGHT way. Service centers that have NEW YORK as one of the states they must tend to who lord knows HOW many applications they get compared to the rest, it kind of makes the excuses and claims from the other side just a little lame and in a word " irrelevant" .

I know it is easier said than done, but just try to light a candle each day and say to yourself " It will all be over soon" . Trust me, I'm approaching my 60h day. I understand exactly what you are talking about...


Ange

Steve

I had someone on another list tell me that he is being told that a K3
visa for his Ukrainian sweetheart (assuming they got married) would be
faster (applying in Kiev) than applying for K1. I told him that I
thought the K3 would be more hassle and take longer. Is this still
true? I really need to know before I go over in 2 weeks, because if K3
would be faster, then we are going to get married then.

Thanks, Steve

Jan Alaska

This is all so familiar to me, my K-1 (UK to US) visa took 183 days last year through NSC. When we started our petition NSC had been processing them in 40-60 days, with the huge amount of work generated by the Life Act processing times crept up and up. With the aftermath of 9/11 coming a month into our waiting time and all the Life Act petitions we didnt dare set a wedding date, Thanksgiving or Christmas had been mentioned when we were collecting evidence and forms for the petition. So we settled and waited and came to terms with the fact that if your love is worth waiting for then you'll wait, and wait ....... and wait.

It would seem that the service centres arent fairly 'balanced' with NSC and TSC getting the majority of petitions, but this is the way its done and no amount of shouting and ranting and accusing will make any difference to the time your petition will take to be processed.

By now you'll probably be thinking that its "all right for her" sitting at the other end, visa approved , AOS processed, Green Card in hand , but I've been through it and that is what matters. Although it may seem like it at times, you are not alone in your wait, thousands of others who are just as in love are also waiting, your day will come........

Jan )

Jan

Jana

"Top ranking service centers staffers (sometimes the directors themselves) have told me that we cannot rely on the numbers on notices as those numbers don't come from them (but rather INS HQ). The courtesy reports the service centers give to AILA are not “my little numbers�, but rather little numbers that actually come from the service centers based upon what is sitting on their shelves in the file room. Would you really rather rely on inaccurate information (the numbers on the notices)???"

The truth of the matter is, you can't rely on ANYTHING when it comes to the numbers. All I know is that if I didn't have the benefit of the internet and I filed. I would trust the numbers given to me. What angers me is it is a "you play our way or you don't play at all" mentality that they have adopted. I am forced to wait months on top of months for my fiancee to get here. Then, when he does finally arrive, I must be married within three months. There goes that dream wedding I have always wanted. I will simply be getting married with my family, his family, and a justice of the peace. But that is fine, I can deal with that. What is truely important is that we get to be together. Oh wait! We can't BE TOGETHER until they say so.

"Perhaps they were processing within 3 weeks when you filed, but anybody who follows this knows the Service Centers have fast and slow spells for a variety of reasons."

Well pardon me for sounding selfish but I didn't follow anything in regards to the INS until I got involved with them. In fact, I was ready to file to move to Canada when I happened upon this thing called a "fiancee visa". How many people do you think actually follow the INS for the "fun of it"?

All I want is to be with Marc, just as every other person on this board wants to be with their fiancee or spouse. It is cruel that people going through Texas or Nebraska have to wait 100+ days when people going through Vermont receive their approvals within 15-21 days. What would be so wrong with packaging up about 1000 petitions from each service center in a nice fedex box and sending them to Vermont?

If we all had the same wait I would be fine. But having to wait based on my location in the country is unfair!

Kedar Deshpande

Steve wrote in message news:...
    > I had someone on another list tell me that he is being told that a K3
    > visa for his Ukrainian sweetheart (assuming they got married) would be
    > faster (applying in Kiev) than applying for K1. I told him that I
    > thought the K3 would be more hassle and take longer. Is this still
    > true? I really need to know before I go over in 2 weeks, because if K3
    > would be faster, then we are going to get married then.
    >
    > Thanks, Steve


First you should check to see if they allow DCF or Direct Consular
Filing. This should be your #1 choice. This method, depending on the
consular office, could allow you to bring your wife with you to the
states within either 3 weeks to 3 months.

If not, then both K1 and K3 have their pluses and minuses (I beleive
they both take roughly 4-8 months). K1 could be faster depending on
what service center you need to go through. The VSC is usually pretty
quick compared to the MSC. THere's alot of factors involved. Just
note, the K3 filing requires that you do the I-130 first, wait for the
first NOA...then you can file a 129F. Whereas with a K1 you can file
a 129F directly.

There may be a speedier process with the K3 once it comes time for
final interviews however. Your ability to prove a marriage would be
easier (marriage cert, video, pics) as opposed to your intention to
marry someone (fiance).

Just my thoughts though...nothing is a guaranteed process
unfortunately...it's a bit of a gamble.

angeles73

Jana:

Unfortunately, you're preaching to the choir. I know exactly what you mean regarding Vermont. The fact they exist and do things the right way is proof enough that INS CAN WORK EFFICIENTLY AND EFFECTIVELY. The problem is that there are people that blame one issue or another, and no one gets at the heart of the matter : plain incompetence and lack of accountability on many levels at these other service centers.

Most people get in a huff when they are going through the process. As soon as its over though, they stop protesting and then the next batch of people flow through the system and it's an endless wave of cries and complaints that last only as long as their process does. I think if enough people would just complain LOUD enough, LONG enough, we could change this process for the people that stand in line behind us. But its difficult to keep people involved once their petitions are approved or the visas are granted.

I did speak to someone recently of some " responsibility" within the US Govt (without mentioning rank since I have heard first hand accounts about how top officials are the first to lay the b/s at the INS) who mentioned that one other thing that contacting congresspeople does is that it brings attention to the problem of a particular center. INS workers however are FORBIDDEN to advise petitioners to contact their congresspeople. (Yes, FORBIDDEN!) I wonder why that is. And I actually experienced that first hand when I called INS in November. The very nice INS worker at a California Sevice Center, regarding he use of congresspeople, bluntly said "I can't be telling you this, but since I've been through it, I'd say use 'em. That's what they are there for. Scream bloody murder until they pay attention."

That's the only type of information I care about. Not what the officials have to say. " I'll take an INS worker who works in the midst of it, who has been THROUGH this process, than a highly paid official nobody at INS pencil pushing his way through the ranks with no clear directive except cashing his paycheck, spewing useless rhetoric for the poor people they are paid to confuse. " Sounds like an angry statement huh? Well.. it's a quote. From another INS worker in my state. Go figure.

Make noise people. It's the only way for things to change.

Ange

Matthew Udall

Hi Ange,
I agree that people should feel free to use their representatives as much as they wish. It might not help get a case put in front of another case, but it certainly can be helpful in educating the rep about INS processing or getting an INS screw up brought to the attention of the INS.

A couple of months ago, I was inside the NSC, taking a tour. As we were just starting the tour, my tour guide introduced herself and told us that her last position (before her current one) was being in charge of the office at the NSC that housed the Congressional Phone Bank Unit. At the end of the tour, I asked her about that unit, and she basically said, "Oh, I'm sorry, let me take you back there to show it to you" (by this time, most of the other attorneys had left the NSC building).

We went back to a medium sized office room, where there were work stations for around 12 operators. One of the operators took a break and turned around in her chair to greet us. Of course, I asked the obvious question, "If a Congressman calls you, will that get the case moved up in the line... processed faster that it normally would"? My tour guide and the operator both said the same thing... namely that no, it would not get it moved up in the line (and they both said it would not be fair if it did). They went on to say that people should however feel free to contact their representatives as that is what they are there for, and it helps the representatives score points with their constituents. My guide also went on to say that if they "screw up" then a rep. can be helpful in getting that fact brought to their attention.

Neither of these two people were "top ranking" INS officials, and in fact, one woman was one of the people who actually takes calls from the reps and the other just moved from that same division.

M.U.

Matthew Udall

I understand how you feel, and I hear what you are saying. I think its absolutely reasonable to assume one can trust the numbers on the notices, and is exactly why I think they should take those numbers off of the notices. I think they should remove those numbers and then educate the public about the reports (that they currently provide to AILA as a courtesy) concerning what is actually sitting on their shelves in the file room, and get that information/reports out to the public (and not just to AILA) perhaps via their website. Of course, this comes with the caveat that if one has an IBIS hit (meaning the petitioner or beneficiary has an arrest record “or� someone else with the same name has an arrest record), then one cannot even use the courtesy reports they give to AILA as those reports are only for cases that don’t get an IBIS hit. If a case does get an IBIS hit, that case “will� experience an additional delay (slight to significant).

I agree that not knowing exactly when someone will get their visa, and a 3 month window to marry makes it hard to plan an elaborate wedding (I confess that I did not do as much of the planning for my wedding as my wife Lisa did, but I do recall there being endless details that needed to be taken care of). And I commend you on your mature attitude as to what is really important... being together vs. a fairytale wedding. I suppose if an elaborate wedding “is� that important, one might get the visa, then start making their plans (as the beneficiary can actually delay entering the U.S. for up to 6 months once he or she gets his or her fiancée visa).

Actually, quite a few. There are many regulars in this very group who hang around and dispense immigration advice based on the knowledge they pick up here, long after their own cases have been approved. Same goes for those who put together and maintain self help sites and timeline boards. And I can tell you with certainty after dealing with all of the Service Centers since 1996, that they do go through fast and slow periods for a variety of reasons.

Actually, I agree that there would be nothing wrong with readjusting the workload at the service centers, and I recall not too long ago when the TSC shipped off a bunch of cases to the CSC, to help reduce the TSC'S backlog. Of course, I don't think those using the VSC would like it if their processing time shot up :-). I recall Paul Novak (the director of the VSC) telling me that he liked their workload at what he described as his "sleepy little service center".

Plus, some service centers get saddled with case types that no other center gets. For example, the VSC processes VAWA cases (battered spouse cases) for the entire country (they have a small specially trained group of officers who do these cases), and the NSC processes all I-130's for petitioners who reside in Canada.

Jana, I truly hope your case is approved soon.

Regards,
Matthew Udall

Scout

Jana, you said it all!!! Matthew, I have to disagree with you here. Until we filed the I-129f we were novices. We knew nothing of the bureaucracy involved in this process, the delays, the inadequacies, nothing. It has been a complete education since we filed out petition. When we submitted our petition, everything was running smooth as glass. We saw no reason to worry.

The regulars you mention already knew the information because they have been through it before. When someone is bitching here it's because they didn't have a clue the INS is so screwed up that they couldn't find their way out of a closet. The people complaining are just starting out on this long process.

I am beginning not to buy that line that contacting a congressperson doesn't speed things up either. Working in the Insurance Industry, I know for a fact that contacting a State Insurance Commissioner will speed up ANY claim process you have. Different rules and regulations, same principals. Complaining to persons of authority sometimes does work. Our 90 days is coming up in less than a week. I plan on calling my Congressperson as soon as we are outside the window. Dammit, if they aren't going to stand by their numbers, courtesy or not, they should not make them public.

Cheers,

Leslie

Matthew Udall

Good point Leslie. I agree and I actually thought about that fact myself a few minutes ago while taking a short walk to stretch my legs. I came back to amend my prior posting, and saw your reply mentioning the same thing. Point well taken.

And don’t let me discourage you from contacting your rep. I’ve stated quite often that obviously people are free to do this all they want. I’m just telling you what I’ve been told by the INS themselves as to whether or not it will make a case move faster. And didn’t a poster in this group relay that very same message just the other day (it wouldn’t be fair if it did) that was told to her by her rep? But hey, do as you see fit, and I actually hope it gets your case moved in front of your neighbor’s case.

M.U.