Ilifebig2001

Well I can personally tell you that hiring a lawyer does no good either.
I have one an on day 105 here in Texas. My attorney gets no answers.
Congressman John Culberson is expecting little more. I am pissed. By
the way.........my fiance is in Baires too.

Tom

Tom McCullough

Trust me....I feel you pain. Our 1st NOA was September 27th. We had to
have special permission for my fiancee's child to leave the country and
the Argentine court gave her until March 30th. If she doesn't have her
child out by then we are up the creek and back in court trying to get an
extension. I have payed attorney's here in the USA and in Buenos Aires.
I wonder what happens if I give the same flemsy excuses to the IRS
when it comes time to pay taxes..........60 to 90 days?

Matthew Udall

Hi Tom,
What is the "notice" date on your receipt notice? (not the received date, but the notice date). Is your petition overdue yet as per the calculation made using the TSC reports? If you are not sure, I have some of the older TSC reports and can look it up for you if you want. If you have already determined that it is overdue as per the TSC’S reports, has your attorney contacted them to make them aware of the fact that it is overdue as per the TSC report (your attorney is not under the impression that he is to go by the numbers on the notice... is he?). Does your attorney have the proper fax numbers to Contact the TSC product line that does I-129fs? Is he an AILA member?

Matt

Ilifebig2001

    >What is the "notice" date on your receipt notice? (not the received
>date, but the notice date).

I have no idea. All my attorney has told me is that the petition was
sent on 9-17 and officially accepted on 9-27.

>Is your petition overdue yet as per the
>calculation made using the TSC reports? If you are not sure, I have
>some of the older TSC reports and can look it up for you if you want.

Please!

If you have already determined that it is overdue as per the TSC’S
reports, has your attorney contacted them to make them aware of the fact
that it is overdue as per the TSC report (your attorney is not under the
impression that he is to go by the numbers on the notice... is he?).

Nope. I had to ask her for file to get information. She has done
nothing but file the paper work and I owe her $1500 for this. I am
doing all the leg work.

>Does your attorney have the proper fax numbers to Contact the TSC
>product line that does I-129fs? Is he an AILA member?

I doubt she is an AILA member and hse probably doesn't have the proper
fax numbers. Can you please get them for me?

Tom

Iliftbig2001

Why is it some of us can't get together and cause some BIG problems for
the INS? WE are all taxpayers and still have a voice in this country.
I am up for it and promise I will not go away even when my fiancee gets
her visa. I plan on being a huge pain in their rear after all of this.

Tom

Troy wrote:
    > angeles73 wrote in message news:...
    >
    >>... http://shusterman.com/tsc.html
    >>I would go on and on and on but what is the point. We all know how
    >>futile it is.
    >>Ange
    >
    >
    >
    > Yes it is..... They all died and are looking for replacements to
    > process these petitions...

Matthew Udall

I always send my clients copies of the receipt notices (even if they get a copy sent to them directly from the Service Center). Ask your attorney to send a copy to you (I don't see why she would mind doing that).

There are really "two" dates on the notices.... a "received" date and a "notice" date. You use the "notice" date when determining if your case is overdue.

For my reply to you, I will assume that 09/27/02 is your "notice" date on your receipt notice (but double check and recalculate if appropriate).

So we turn to some of the older reports... lets see.

We have a TSC report "as of" 11/30/02 (that's that date they published the report). On that report, they say, "We are processing cases with these receipt notice dates"... and for I-129f's they list 09/12/02. So that means on the date of that report (on 11/30/02), your case was still sitting on the shelf in the file room at the TSC and had not yet been assigned to an officer. We know this because when they made that report, the last I-129f given to an officer (from the front of the shelf) had a notice date of 09/12/02, but your notice date was “after� that case (your notice date was later in time) meaning it was further down the shelf (as they put them in chronological order as they arrive…the cases that just arrived are put at the back of the shelf and move their way forward). On the date that report was published, your case was still waiting its turn and making its way to the front of the shelf. When it makes its way to the front of the shelf, it is eventually given to an officer.

Oh, you don't need to answer this (actually, please don't do so publicly) but if you have been arrested before, then forget the reports and everything I'm telling you; because if you have been arrested before your case will get an IBIS hit and you can't use the reports to calculate an overdue date. Likewise, if your name is John Smith, odds are you can't use the reports either because I'll bet there is at least 1 John Smith out there who "has" been arrested before and will cause your case to get a false (IBIS) hit.

Back to our calculation...

OK, moving forward in time to the next report.... the next report that came out was "as of" 12/15/02. On this report, for I-129f's they list 10/11/02. Bingo! Now your notice date is “earlier in time� than the notice date they are listing on the report for I-129fs. That means between the prior report and this report, your case made it to the front of the shelf and was on "some" day between the two reports, given to an officer for adjudication (assuming no IBIS problems). So take the date of the publication of that report, which was 12/15/02, then add 30 days to it (I personally think its business days). If you do that... well let me grab my calendar.... (hmm, I'll have to make a guess or two as to how many days off they had for Christmas and New Year's)... that puts your "overdue" date as January 29th, 2003 (I only gave them Christmas Day off, New Years Day off, plus Martian Luther King Day when making my calculation... no I did not enter 01/27 - Australia Day into my calculation :-).

So, based on my rough calculations, your overdue date is 01/29/03. Have your attorney (or your rep) contact them at that time if its not approved by then (and again, if you have ever been arrested before, forget everything I've said and know that your case is going to get an IBIS hit and experience an additional delay, slight to significant).

Good luck with your case.

M.U.

ILiftBig2001

[QUOTE]Originally posted by Matthew Udall
>>>I always send my clients copies of the receipt notices (even if they get a copy sent to them directly from the Service Center). Ask your attorney to send a copy to you (I don't see why she would mind doing that).<<<

Well I will ask for that in the morning.


>>>>Oh, you don't need to answer this (actually, please don't do so publicly) but if you have been arrested before, then forget the reports and everything I'm telling you; because if you have been arrested before your case will get an IBIS hit and you can't use the reports to calculate an overdue date. Likewise, if your name is John Smith, odds are you can't use the reports either because I'll bet there is at least 1 John Smith out there who "has" been arrested before and will cause your case to get a false (IBIS) hit.<

I have no record, but my record shoud not mean anything. I am an American citizen and a taxpayer and have the constitutional right to marry a foriegner. This is a sorry excuse to delay things at best.

>>>So, based on my rough calculations, your overdue date is 01/29/03. Have your attorney (or your rep) contact them at that time if its not approved by then (and again, if you have ever been arrested before, forget everything I've said and know that your case is going to get an IBIS hit and experience an additional delay, slight to significant).<<<

Again my arrest record or lack there of should have no bering on whether or not this application should be approved in the 60-90 they stamped on it. There is no where in the constitution or immigration laws that mention my record as a citizen. I gues my fight with the INS is going to be a good one.

>>>>Good luck with your case.

Thanks!

Matthew Udall

Hi Tom,
I was about to leave the office for the evening and go home, but I saw your reply and thought I had a minute more to spare.

First, since you don't have a record, then you have less to worry about as far as an IBIS hit goes. Of course, there is always the possibility of a false IBIS hit. Congress and the current administration have decided that IBIS checks on all petitioners, beneficiaries and applicants is appropriate, but perhaps the judicial branch will see it differently (ah, checks and balances). But don't count on it. The Constitution pretty much gives Congress broad sweeping powers when it comes to immigration. And again, if you don't have any IBIS worries, then that's great for you!

You do have the right to marry almost anybody of the opposite sex that you want (with obvious limitations... for example, in the U.S. you can't marry a female who is already married), although I'm not sure if this is enumerated in the Constitution. But as far as having a "right" to have a foreign spouse live with you in the U.S., you are dreaming. Granted, the odds are that this will happen for you and your loved one, but you don't have a right to bring in someone who for some reason, for example, is permanently excluded from the U.S. And again, I'm "not" saying your loved one falls into this category, just talking "rights" here... she's not a citizen and has zero "rights" to live in the U.S. until the U.S. government says so [last time I looked, we had borders] - but again, the odds are she will get the benefit she is seeking from our government. You have a right for them to process your petition, but she does not have a “right� to a visa. Sorry, but I think its better to deal with reality than fiction.

I've already told you how to calculate your overdue date. You of course are free to ignore this and stick to the inaccurate 60 to 90 day language on the notice... but hey, if 60 to 90 days go by and a case is still sitting on the shelf... well..... since an officer has not seen it yet I guess we’ll know why its not been approved yet.

As far as fighting with the INS; what is the fight about? You have asked them to approve a benefit for a foreign national, they are doing that, unfortunately for the TSC, INS HQ demands they put inaccurate language on their notices; but to their credit, the TSC gives us all an alternative way to determine where the case is (has it been given to an officer yet) and how to determine if its overdue. Your case is not overdue yet, so where's the beef? Granted, if it becomes overdue, I say, "give 'em hell".

And I will also agree with you that I too wish the process could be faster. There is a very simple solution. Congress could allocate more of your and my tax dollars to INS to give them the funding to hire the staff to eliminate any sort of waiting period (but in today’s political climate, how likely is that?). And remember, "Congress" holds the purse strings here. It seems a little ironic to me to call on a Congressman to bring the hammer down on the very organization that Congress "chose" to fund at this level in the first place which caused the waiting times we all experience (And I will acknowledge that government bureaucracies like the INS are not that efficient to begin with, but I think more staff would have to be helpful in reducing the processing times… INS officers belong to a very powerful union… and I’m interested in hearing from Union members reading this post… should the administration break that Union, or would eliminating that Union bring about more efficient processing?). Plus, Congress will also come along and say, "hey you, INS!, drop what you are doing and do this..." (This happens from time to time).

Good luck with your case.

Matt

ILiftBig2001

Matthew Udall

I shoudl not have to worry about anything anyway. I am already a citizen.......I vote and pay taxes. My record should not even be a concern here.

>I actually agree with you here Tom. I don’t see any point in checking out a U.S. Citizen’s record through IBIS if that won’t result in the petition being denied anyway. Perhaps we’ll see a change in IBIS soon in this regard. Its pretty new.

>They check out all “petitioners�. That includes U.S. Citizens as well as greencard holders who might have been arrested (and thus deportable) who want to bring in their loved ones. How do you feel about “those� petitioners being checked out (ones who are greencard holders).

The only worry is that they stam'tped 60-90 days and it has been now 105. I can't get away with missing deadlines at my work. I would get fired. As A citizen and traxpayer I expect the same out of the people I pay to work for me at the INS.

> Believe me Tom, I’ve had this same debate quite a few times over the years with others in this group (not just within the past few months). All I’m doing is sharing information with you that was given to me by the INS Service Centers themselves… namely that the dates they are commanded to put on their notices are not of their doing, that they can’t change them, that there is a better way to determine when a case is overdue, etc. Again, you can ignore what I’m passing along to you; if I was in your shoes I might just ignore it too as I wouldn’t want to give up an angle I had to complain, however whether or not I wanted to give up my reason to complain or not would not change the fact that the TSC “HAS� given you a way to know if/when your case has been taken off of the shelf and given to an officer.

I’m not arguing with you here, just sharing what I know. What you decide to do with that information is up to you.

Well, the law certainly gives me that right. I have read the immigration laws concerning American citizen marrying foreigners quite a few times now.

>I’m always interested in learning more. Could you please give me the cite to the section of the law where it guarantees you the right to have a foreign spouse live with you in the U.S.? Thanks.

Nope......so they check her out not me. She is subbmitting police records for the past24 years. They do back ground checks on her. Why am I now the problem? Yes I am very offended.

>You are not the problem Tom. I don’t really see the point of doing an IBIS check on you Tom, but hey, I’m “not� doing an IBIS check on you Tom. Hmm… what sort of thing could have Tom done in the past to warrant denying his petition…. Anybody? (And lets talk about U.S. Citizens in general here… not Tom specifically as I’m sure Tom is a fine fellow). What sort of crime could a U.S. Citizen do that would warrant the INS denying his or her petition? (just curious as to any guesses that might come in).

But I do have the right as a US Citizen to get her her as the law describes.

> I don’t think so Tom, but again, the odds are that she will get the visa “she� is seeking from our government to live here.

So far the only fiction is being provided by the goverment that I pay taxes to support. 60-90 days......talk about fiction.

> You are preaching to the choir her Tom. I’m an advocate of them taking off the inaccurate processing time language from the notices all together and instead having “them� spend time telling you what I’m telling you. And I’m just telling you what they told me (can’t go by the numbers on the notices, and how to use the reports to calculate an overdue date).

Are they? So far I have no proof of that. They also said they would approve it in 60-90 days. Let's take a look at reality again. The system is not working. As Texas resident I have seen that for many years. Hell I can walk my fiancee over the Mexican border and not be ask anything but if we are both citizens. No one has ever even ask to see my ID whne I can back. Yet a law abiding citizen trys to do things the right way and we get the run around. Yup.......that's fair and about par for the course.

>Less than two months ago, I walked back into the U.S. across the pedestrian bridge from Matamoros Mexico to Brownsville Texas. They sure as hell checked out my ID! They wanted to know what I was doing in Mexico, where I lived, etc. My old immigration law professor was the head immigration Judge in San Francisco, and even he said that when he crossed the border, its “yes sir, no sir�. No joking around as this is “very serious� business.

As for the 60-90 day language, go ahead and cling to that if you don’t want to lose your reason to complain. But complaining before its overdue as per the way I’ve described won’t do anything but piss yourself off. Why choose to be consumed with anger when a little knowledge will let in the light of tranquility and reason (but you wouldn’t be the first one to embrace inaccurate information for the sake of having a false reason to complain. Again I might do it too).

So who " inaccurate"??? That is fair? inaccuracy?

Not fair, but a fact.

They ahven't tol me anything gut an approval date of 60-90 days. That is my beef....my case is long over due. If it is going to take 125 days the by GOD put 125 days on the notice. Real people are affected here and real lives are being held hostage by the same government that most all of my family serverd to protect. As a tax payer I am not going to put up with these innacuracies and lies.

>The “INS is Lying To Me� complaint always draws a comment from me. OK, they are lying to you, but they told “me� the truth and I’m telling it to you. That evens it out :-). Besides the TSC isn’t lying to you, they are putting information on their notices that they are commanded to list. Again, ignore it if you want, but from the reports themselves that come from the TSC, they “tell� us what cases are still on the shelf and what cases are with an officer. But you don’t have to believe it.

We also have something called freedom or information. I am not being given any information frmmy own government. And thisis my own petition.

>You have been given information. You can easily find out that “your case was received on… and has not yet been approved�. And I’m supplementing that information that also comes from INS about how to use the numbers that actually “do� come from the service centers themselves to help you determine if your case has been given to an officer yet, and if/when it becomes “overdue�.

Do what you will with that information, and good luck with your case.

Matt

vainillapepper

Oh, Mr. Attorney... what for you are being agressive with a man tht is asking for his rights!
Always the big boys teach us about how big and free and perfect america is, and we have a slap from the reality when the words just covering more words. And in some way, you are trying not to help him, is trying to said him that the government lie, and we are just toys between capricious hands, but like if each one of us were a criminal!
We are making everything like the laws need of good citizen, honest and correct people, and in payment we are receiving evasives, lies, slaps, and offensive words like try to make us feel dissapointed like lambs for see if finally we have or not the strenght to have what we like.

Is horreful have to wait, for to be too victims of the sadic plays of people who love like us, who live like us but maybe is frustrated and shot against the people who have the dignity to make what have to, for have the beloved with them.

More to be able to receive more of that slaps, we deserve respect for have the balls to fight hard and properly for our own proyects. The honest citizens have now to confront the reallity: Our government lie us. But said you the truth... Ohhhh, interesting, don´t you think???
So funny, Matt, for who you work? For them? Ops! Maybe

I had written here asking for help, not for see how an "attorney" try make look suspicious a man, just because he don´t think like you.

You are in an adult post, Matt, adults trying to understand, full of disagreement, confused, walking in the fog. You are among people who feel, and have pain, and need finally rest between the arms to that one who loves. We don´t give up nothing... And still, deserve the respect to hear the truth, but not of you, of our governments; and we don´t need be attacked, we need support, and you looks not so efective, hiden in sweet words but acting like a... like our government. Slaping us for make us make silence, if we are full of spirit. Strange, Matt.

Ohh, I can say that my feelings can to dim my logical nature, finally, I´m a woman.
You, are an attorney

ILiftBig2001

[QUOTE]Originally posted by Matthew Udall


>I actually agree with you here Tom. I don’t see any point in checking out a U.S. Citizen’s record through IBIS if that won’t result in the petition being denied anyway. Perhaps we’ll see a change in IBIS in this regard. Its pretty new. <<

Yet you still have the gaul to ask me what my beef is. Taypayers monye is being wasted. My money. Money that I work my good honest citizen butt off for.

>>They check out all “petitioners�. That includes U.S. Citizens as well as greencard holders who might have been arrested (and thus deportable) who want to bring in their loved ones. How do you feel about “those� petitioners being checked out (ones who are greencard holders).<<<

Check out the people that are wanting to come here. Leave American citizens alone. I am not a criminal and my background should not be of any concern. Obviously the fact that vote means I am not a felon nor have I ever been arrested.


> Believe me Tom, I’ve had this same debate quite a few times over the years with others in this group (not just within the past few months). All I’m doing is sharing information with you that was given to me by the INS Service Centers themselves<<<

Are you? I am honestly getting the feeling that you are possibly an INS representative here to defuse anger they have brough on themselves. How does a "successful attorney have so much time to spend giving away "free" information? Yougot me wondering now. So far all I haved seen youdo is pacify and defend the sleezy job the INS is doing.

>>I’m not arguing with you here, just sharing what I know. What you decide to do with that information is up to you.<<

SO you say. SO far you have not given much more than what appears to be your opinion.


>I’m always interested in learning more. Could you please give me the cite to the section of the law where it guarantees you the right to have a foreign spouse live with you in the U.S.? Thanks.<<

Now you twist words? Good tactic. Who is it you are working for?

>You are not the problem Tom. I don’t really see the point of doing an IBIS check on you Tom, but hey, I’m “not� doing an IBIS check on you Tom. <<<

Yet you defend the INS for wasting out money running checks like this?

>>>Hmm… what sort of thing could have Tom done in the past to warrant denying his petition…. Anybody? (And lets talk about U.S. Citizens in general here… not Tom specifically as I’m sure Tom is a fine fellow). What sort of crime could a U.S. Citizen do that would warrant the INS denying his or her petition? (just curious as to ann'ty guesses that might come in).<<<<

According to the INS itself I am not the one they are interested in, it is the person who I am petitioning to come here. So why is the INS wasting tax payers money on witch hunts? What about my beef again.....

> I don’t think so Tom, but again, the odds are that she will get the visa “she� is seeking from our government to live here.<<<

Odds are because legally they can't refuse it unless she has viloated of of the "few" resons the law gives for denying it. This woman has done nothing wrong in her life.

> You are preaching to the choir her Tom. <<

Yet you are the one saying I have no beef with the INS?

>>>I’m an advocate of them taking off the inaccurate processing time language from the notices all together and instead having “them� spend time telling you what I’m telling you. <<

So just how do you advocate getting this accomplished? By people like me that are victims of these innacuracies to just sit back and take it? No thanks....I have a beef.

>>And I’m just telling you what they told me (can’t go by the numbers on the notices, and how to use the reports to calculate an overdue date).<<

So why don't they tell ME this when I call? After all it is me who has the petition, not you.

>Less than two months ago, I walked back into the U.S. across the pedestrian bridge from Matamoros Mexico to Brownsville Texas. They sure as hell checked out my ID! t<<

Well you know better than me. I jut got back this weekend. Yep...they were very serious, but only ask me if everyone in the car was a US citizen. I said yes and then they ask if we brught back anything like cigaresttes, drugs or alcohol. Then off we went.

>>They wanted to know what I was doing in Mexico, where I lived, etc. <<

Never ask me that. Maybe I look more honest? Who knows, but it fits the inconsistancy I see here. I wonder how all the undocumented Mexicans get over here evey day? Must not be too serious yet about who comes and who goes. Only the ones who are doing it legally. Kind of reminds me of our gun laws.....make it tough on legitimate people to own guns while the criminal can get one on 5 minutes.

>>My old immigration law professor was the head immigration Judge in San Francisco, and even he said that when he crossed the border, its “yes sir, no sir�. No joking around as this is “very serious� business.<<<

Oh, I agree....no one was joking and they acted very serious.

>>As for the 60-90 day language, go ahead and cling to that if you don’t want to lose your reason to complain. <<
l
Complain. Like I have no reason to complain.....I was lied to. WOW! You are something else. Glad you are not representing me.

>>But complaining before its overdue as per the way I’ve described won’t do anything but piss yourself off. Why choose to be consumed with anger when a little knowledge will let in the light of tranquility and reason (but you wouldn’t be the first one to embrace inaccurate information for the sake of having a false reason to complain. Again I might do it too).<<

Gee I have no reason why I am angry. I happen to love my fiancee. All I want is to be with her. I have done what is ask and have been given the run around. Without getting into personal issues these deceptions provided t me by my own government are costing huge sums of money in legal fees in Argentina. Had I been given an accurate time line for approval of this thse fees would not be so great nor so time consuming. Does my govenment care? Nope? But the sure seem to care when tax time rolls around or when its time for elections.

Not fair, but a fact.>>

So let them give a few facts to us instead of lies. Do you condone the government lying to us or do you believe we are best kept in the dark?

>The “INS is Lying To Me� complaint always draws a comment from me. OK, they are lying to you, but they told “me� the truth and I’m telling it to you.>>

So what is the problem with telling me the truth too? Attorneys the only ones privi to the truth in this country? I am really starting to wonder about who you really are. Do you defend your clients like this? Are is it you are actually here to defend the INS.

>>evens it out :-). Besides the TSC isn’t lying to you, they are putting information on their notices that they are commanded to list. <<

You must have bought into Clinton's story about oral sex not being sex.....hahahah...90 days is up pal. What happend to the truth?

>>Again, ignore it if you want, but from the reports themselves that come from the TSC, they “tell� us what cases are still on the shelf and what cases are with an officer. But you don’t have to believe it.<<

Again, why do you get the truth and the rest of us the run around?

>You have been given information. You can easily find out that “your case was received on… and has not yet been approved�. And I’m supplementing that information that also comes from INS about how to use the numbers that actually “do� come from the service centers themselves to help you determine if your case has been given to an officer yet, and if/when it becomes “overdue�.<<<<

I have been given lies and the run around. That is not information.

Tom

angeles73

We can, but no one wants to risk it during their INS process. Trust me, I have a boat load of people that want MEDIA attention on this and I truly believe that is the ONLY way any of this will get resolved. Have at least 100 of us (there are so many more...) write to all the networks with our stories, I assure you one will pick it up. The networks (except FOX of course) are pretty bitter with this administration as a whole. I would love to see what can happen with all of us making some noise.

Ange

vainillapepper

Maybe is necessary make that. If they don´t know that you exist, just you don´t exist... So, Lots deserve to know what happen...
Well, maybe finally we are starting to joint us
A huge

ILiftBig2001

Well I am one of those people. Count me in.

This new story has already been on the TV stations here once earlier.

Once my fiancee is in the USA I am going to be a very big pain the rear. I am fed up with the war on immigrants.