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how do i request that appproval of my case be sent to my fiance
country US consulate by cable instead of by the normal diplomatic
porch which could take several weeks and probably months.
my attorney he doesn't know anything about that so i researched and
let him know now how does he request for it.
I need help immediately.

Steve2003

I don;t think this is even done anymore. the NVC sends via DHL which takes 3-4 business days. some embassies will opena provisional case if you mail them your noa2.

Matthew Udall

The sending of the cable and the shipping of your materials to the Consulate are two completely different and separate issues. Your materials "will" be shipped to the Consulate through the NVC, as all I-129f cases (with a few exceptions) always have been since I've been in practice. You materials will be shipped to the Consulate (and yes, it can take a while for it to arrive to the Consulate) whether or not you have cable sent from the Service Center to the Consulate.

If your case has already been filed at a Service Center, then it’s too late to ask for cable to be sent. You should have made that request at the time of filing. Of course, your attorney could do what I routinely do in my cases, and that is to fax an attorney certified copy of the approval notice, copy of the G-28 and a cover letter to the Consulate asking that a provisional file be opened and packet 3 sent to the beneficiary (and in my cover letter, I also include all of the same data about the beneficiary and petitioner that appears in a BCIS cable). In addition, I also then ship a complete attorney certified copy set of the entire I-129f submission to the Consulate along with another attorney certified copy of the approval notice, with another letter asking them to open a provisional file and dispatch packet 3 (if they have not already done so and if they are willing to do so).

If you have not yet filed your case, you "could" submit an I-824 with the proper modifications made to the form, as that is the form to officially compel the service center to send cable. There is a filing fee. Most service centers process the I-824 at the same time as the I-129f (up until recently, all of them did, but I’m starting to suspect the TSC might not be doing them at the same time any longer… I was starting to suspect the same thing about the NSC, however I just received both approval notices for an NSC case last week [one for the I-129f and one for the I-824, approved on the same date] so I suppose the NSC is still keeping those forms together and processing them at the same time).

But if your case has already been filed, don’t waste your money submitting an I-824 as your case will be long gone from the Service Center before they ever get around to processing your I-824.

Good luck with your case.

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

Steve2003

last I heard a cable was equivalent to basically a fax to them. I know the TSC will not do this--a cable that is.

Matthew Udall

That is correct Steve, the cable is basically a fax sent to the post (they have experimented using an e-mail connection from the CSC to Manila) with certain data about the petitioner and beneficiary. It is not the same thing as the original materials being sent to the post. Some posts will act upon receipt of a cable (by opening a provisional file and dispatching packet 3) and some won’t.

When talking face to face with the Director of the TSC at the AILA conference in Houston a few years ago, I specifically asked him why the TSC apparently stopped sending cables anymore upon receipt of an "informal" request to do so. He stated quite clearly that the fees used to pay for the I-129f do not contain any fee component to cover his staff's time to do the cable work (there is more to processing the cable work than just putting a piece of paper in a fax machine). I followed up by pointing out that some of the other service centers send cable when informally requested to do so. He replied that he had no control over what they did, but if they were doing that, they were not following the INS rules.

I was called by Kathy V. (supervisor at the TSC) a couple of years ago, about a problem case pending at the TSC. While I had her on the phone, I told her what the director told me earlier about the cable issue, and I asked her if that was still the TSC policy (that for cable to be sent, the I-824 must be filed and the I-824 filing fee paid). She said yes, that was still the policy at the TSC, but she also went on to say that they were trying an experiment and Fed-Exing the approval materials (the entire submission) to two posts and two posts only... Moscow and Manila (this only applied to these two posts receiving I-129f submissions from the TSC). She said that since Fed-Ex arrives to those posts rather quickly, she did not see the need to submit the I-824 and pay the I-824 filing fee in those cases.

M.U.

Steve2003

I wonder what todays policy on cables is (with the new NVC procedure, etc)... I knew I should have asked more when I talked to Ms Luna (ACD Family Division, TSC). Not often you get to talk to upper management at the TSC.

Steve Mohl

We were told during the whole TSC protest stuff that the cable option fee
does nothing
anymore for us people going through Moscow. It is a waste of money. A
consulate like Moscow
will not lift a finger until they have the hard file in their hands from
NVC. This is after the security
check takes place at Dept. of State. There is NO time frame estimated from
NVC as to how
long this will take. They will not give any of us a time frame and there are
many of
us out here waiting on NVC to pass the paperwork on, not only to Moscow, but
to many
other consulates around the world.

Here is the online status of my I-824, which was filed last year at TSC
along with my I-129F:

Application Type: I824, APPLICATION FOR ACTION ON AN APPROVED APPLICATION OR
PETITION

Current Status:

Your I824 APPLICATION FOR ACTION ON AN APPROVED APPLICATION OR PETITION was
received on October 31, 2002. We mailed you a receipt with information about
processing. It is taking between 210 and 240 days for us to process this
kind of case. We will mail you a decision as soon as processing is complete.

It still has NOT been acted on and I do not expect it to be acted on. Even
if they did cable,
the new procedures in place will not allow Moscow to do anything until they
receive
clearance via NVC. Do NOT waste your money if you are going through Moscow.

SteveM


"Steve2003" wrote in message
news:[email protected]...
    > I wonder what todays policy on cables is (with the new NVC procedure,
    > etc)... I knew I should have asked more when I talked to Ms Luna (ACD
    > Family Division, TSC). Not often you get to talk to upper management
    > at the TSC.
    > --
    > Posted via http://britishexpats.com