lairdside

Btw - it finally, with substantial Congressional intervention, took the CSC five months following their receipt of the information requested in the RFE to approve the I-130.

Once the Congressional aide intervened it took two weeks.

The AILA attorney who filed the petition in the first place did nothing, despite the fact that thier office "messed up" the filing in the first place as it turned out. (The Congresional aide discovered this and helped us to clarify things with CSC).

On the plus side if they hadn't taken so long it's likely I'd have never found this NG

ironporer

Sorry, but in the real world, we are required to calculate our backlog, current production levels, and use this info to calculate a realistic "lead time" to deliver our products/services. This is not difficult, and even the BCIS should be able to reasonably calculate their processing times at the time of receipt of an "order". My Mar 4 NOA! stating 60-90 days was a wet dream...and the fact that 60 days later they increased the announced processing times to 150-180 days is like a kick in the balls.
People make plans, and count on the information our gov't officials give us to be close to accurate.

Matthew Udall

It’s OK to disagree. But if one is presented with a way to know when a case has been given to an officer and a way to determine if its overdue, when one knows that the numbers on the notices are wet dreams, when one knows that the TSC'S director herself just confirmed this to the TSC protesters (that they can’t rely on the projected processing time numbers on the notices or the BCIS web site), then to turn a blind eye to this and insist that they honor those wild guess numbers is like an ostrich sticking his head in the sand. But again, I often find that people will not embrace the truth because if they did then they would have to give up their reason to complain.

But if you really want them to be able to live up to the wild guess numbers, then ask your Congress person to spend more of your hard earned tax dollars on the service side of the BCIS, even after you no longer will be dealing with that agency.

And since you now know the truth and know people make plans based on numbers that should not be relied upon, I hope to see you spreading the truth about this issue to your fellow human beings that come through this process after you. You will be doing them a tremendous favor by performing this honorable service for them. I firmly believe people will suffer less when given information that leads to realistic expectations.

The BCIS is "NOT" private enterprise. They are "NOT" delivering a product or service. There is "NO" guarantee that they will approve any particular petition, the U.S. fiancée has no right to have his or her fiancée living in the U.S. with them, the fiancée has no right to be issued a visa, and the fiancée has no right to enter the U.S. Those things only happen once a few officers charged with enforcing U.S. immigration law make judgment calls as to whether or not you meet the eligibility requirements to file the I-129f, whether or not you meet the minimum income requirement, whether or not the fiancée is eligible under U.S. immigration law to be issued the K-1 visa, and whether or not the fiancée is eligible to pass through the POE and enter the U.S.

I know that is a favorite analogy to make, but I prefer to deal with reality instead of fantasy. If wishes were fishes... how does that one go? I would imagine that the nature of your business lends itself to being able to calculate realistic lead times, but would that be the same if some other branch of your business, who did not even work at your plant, dream up those numbers for you and made you tell your customers those numbers? And I’ll bet your lead time estimates are not influenced by whether or not your customer has been arrested before (IBIS hit) or whether or not someone with the same name as your customer has been arrested before.

Does Congress, or perhaps the president of your company come along from time to time cutting your budget or perhaps telling you to stop what you are doing and work on something else for a while that they now feel is a priority? Are your lead times dependent in any way upon factors that require you to determine whether or not your customer is 1) eligible to ask for your product or service, and 2) eligible to receive your product or service?

And don’t forget that the BCIS service center is only “part� of the process. The case still must then go through the Consulate and through their procedures and checks. And we have third party agencies performing security checks, and neither the BCIS or the Department Of State (The Consulate) has “any� control over the speed in which that work is done.

So do your fellowman a favor, and tell them the truth when it comes to projected processing times. I like how my friend Folinskyinla puts it… that a timeline is just like any other line. It is defined by two points at each end. The answer to the question of “how long� will be answered once you reach the second point at the end of the line.

M.U.

BeachBunny

Congrats on finally being approved!!

thing2

About Bloody Time !!

Congrats to you ! Hoping the rest of the ride is a lot smoother and quicker for you !

lairdside

I actually have a "plan" regarding this.

Firstly, I am more than happy to protest to my Congressional reps that the BCIS needs more from the coffers.

Secondly, I already volunteer some of my time to a local charity whose clients represent to a very large extent immigrants with very limited resources. It provides most medical, educational and childcare services. I'm looking for someone foolhardy enough to accept my help for a charity run immigration clinic - there doesn't appear to be one here, not even in Reno (Catholic Charities has one in LV but not here).

Perhaps if people could have more support in filing their applications/petitions this would have the side effect of speeding things up for everyone?

Loads of attorneys here with whom I am friends, no immigration attorneys amongst them though. I do know a few but not locally so can't really rope them in to help with a satellite clinic for CC under their supervision.

Still, I figure God made me stubborn for a reason

Dekka's Angel

Well, I can't truthfully say that I felt like I was "kicked in the balls" (for obvious reasons), I can say that I felt on the verge of an embolism the day I found out that my 34-64 day projected time frame had jumped to 205-235. At the time, of course, I had no idea that these numbers were phantoms -- because I am not a member of AILA and am used to dealing with government agencies who actually -- God forbid! -- must promulgate the actual deadlines they use for adjudications, so the public understands and can follow through to ensure timely action.

As an attorney, I know how important it is to help petitioners understand that that the NOA-1 processing estimates are phantoms and have no force of law since they fall outside the statutes, regulations and promulgated guidelines for BCIS. At the same time, however, it is equally important, IMO, to understand and empathize with the reality that petitioners are coming into the process with -- which is the reality that BCIS gives them on the NOA-1. If BCIS deliberately chooses to promulgate BS numbers for the public and share the truth only privately with AILA lawyers, instead of disseminating a layperson's explanation of the actual processing guidelines and the actual deadlines BCIS service centers operate under, then neither BCIS nor AILA has a basis for complaint when laypersons actually believe what they are told by BCIS on the NOA-1 and disregards what AILA attorneys say. It is simply human nature for real people whose lives are on hold waiting for adjudications to vest themselves -- emotionally and practically -- in the only estimates that the vast majority of petitioners ever see: the ones they have been given by the government that works for them.

BTW I have nothing against AILA, and everything positive for those AILA attorneys who realize how important it is to get the real numbers out there despite the BCIS' BS.

lairdside

DA.. lol about the "balls " comment.

Ironically, my daughter's I-130 was approved right in the middle of the 30 day window after the receipt date for the response to the RFE if it had been treated as a filing date became current in the CSC's JIT report.

I had a feeling this may happen and there may be no truth to it whatsoever and merely coincidence. Still it made me wonder....

Folinskyinla

Angel:

It is a fight to get DHS to act like any other agency. As the aliens lawyer in court, the regulations impose a duty of candor and honesty on me. Also, I must follow the law unless there is a good faith argument to reverse or extend the law. Notably, this does NOT apply to the government lawyers! They are not subject to discipline other than through the DOJ-IG. So, I've learned that a Trial Attorney's word in open immigration court is worthless unless the TA has previously demonstrated that somehow she is a mensch.

I was involved in District Court litigation where we gave numerous extensions of time to answer where we had promises that INS was doing the necessary things to approve the case. Boom, I get hit with a denial of the motion to reopen which the AUSA serves on me. We negotiate the time frames to amend the complaint to conform with the facts. I put a lot of work in that. What the AUSA did NOT tell me was that concurrent with the denial of the MTR, they had also initated removal proceedings! When I get served with the Notice To Appear, the lawsuit is moot, I've wasted my time -- I lost my cool, called up the AUSA and told him "I got the NTA, you win, I'm dismissing the lawsuit and I DON"T PRACTICE LAW THAT WAY!!" and hung up on him.

Jason was courteous enough to call me back to inquire what the hell that was about -- would you believe that INS had lied to him -- their OWN lawyer -- in a case before a United States District Court Judge -- who outranks God? [BTW, the AUSA's just hate the INS because no attorney like being asked by a District Court Judge "Are you kidding? What color is your toothbrush."

If I seem impatient with some of the people on this list -- they have no idea how truly bad those boys and girls in DHS can be.

ironporer

[QUOTE]Originally posted by Matthew Udall
It’s OK to disagree. But if one is presented with a way to know when a case has been given to an officer and a way to determine if its overdue, when one knows that the numbers on the notices are wet dreams, when one knows that the TSC'S director herself just confirmed this to the TSC protesters (that they can’t rely on the projected processing time numbers on the notices or the BCIS web site), then to turn a blind eye to this and insist that they honor those wild guess numbers is like an ostrich sticking his head in the sand. But again, I often find that people will not embrace the truth because if they did then they would have to give up their reason to complain.[QUOTE][i]

All I ask is that the "professionals" at BCIS scrutinize the data- #in, # out, avg time to process, and come up with a realistic timeframe to process a case. If anyone is hiding their head in the sand it is they, not we.

[QUOTE][i]But if you really want them to be able to live up to the wild guess numbers, then ask your Congress person to spend more of your hard earned tax dollars on the service side of the BCIS, even after you no longer will be dealing with that agency.[QUOTE][i]

My point exactly- they should be able to calculate much more than "wild guess answers"

[QUOTE][i]And since you now know the truth and know people make plans based on numbers that should not be relied upon, I hope to see you spreading the truth about this issue to your fellow human beings that come through this process after you. You will be doing them a tremendous favor by performing this honorable service for them. I firmly believe people will suffer less when given information that leads to realistic expectations.[QUOTE][i]

Matthew, my point is this... they have the data to be able to provide a "close" estimate

[QUOTE][i]The BCIS is "NOT" private enterprise. They are "NOT" delivering a product or service. [QUOTE][i]

Yes they do; they provide a service to the American public- visas for those who apply and meet the required qualifications...while preventing the "unsavory" (although I wonder about this one) from entering our beloved land.

[QUOTE][i]There is "NO" guarantee that they will approve any particular petition, the U.S. fiancée has no right to have his or her fiancée living in the U.S. with them, the fiancée has no right to be issued a visa, and the fiancée has no right to enter the U.S. Those things only happen once a few officers charged with enforcing U.S. immigration law make judgment calls as to whether or not you meet the eligibility requirements to file the I-129f, whether or not you meet the minimum income requirement, whether or not the fiancée is eligible under U.S. immigration law to be issued the K-1 visa, and whether or not the fiancée is eligible to pass through the POE and enter the U.S.[QUOTE][i]

This is correct, all we ask is that they allocate the necessary resources to meet the dates they state, and that those be reasonable.

[QUOTE][i]I know that is a favorite analogy to make, but I prefer to deal with reality instead of fantasy. If wishes were fishes... how does that one go? I would imagine that the nature of your business lends itself to being able to calculate realistic lead times, but would that be the same if some other branch of your business, who did not even work at your plant, dream up those numbers for you and made you tell your customers those numbers? And I’ll bet your lead time estimates are not influenced by whether or not your customer has been arrested before (IBIS hit) or whether or not someone with the same name as your customer has been arrested before.
Does Congress, or perhaps the president of your company come along from time to time cutting your budget or perhaps telling you to stop what you are doing and work on something else for a while that they now feel is a priority? Are your lead times dependent in any way upon factors that require you to determine whether or not your customer is 1) eligible to ask for your product or service, and 2) eligible to receive your product or service?[QUOTE][i]

In my business, it is quite common for the sales dep't or the executive to "dump" projects on us, and expect that we meet all commitments taken on prior to that- that is why a business must be dynamic and resourceful. And yes, we have "scrap"...a whole days run goes to pot for causes not under our control. And we have to adjust our schedule, and continue to meet expectations.


[QUOTE][i]And don’t forget that the BCIS service center is only “part� of the process. The case still must then go through the Consulate and through their procedures and checks. And we have third party agencies performing security checks, and neither the BCIS or the Department Of State (The Consulate) has “any� control over the speed in which that work is done.
So do your fellowman a favor, and tell them the truth when it comes to projected processing times. I like how my friend Folinskyinla puts it… that a timeline is just like any other line. It is defined by two points at each end. The answer to the question of “how long� will be answered once you reach the second point at the end of the line. Matt- Please do not take my comments in the wrong way. While we disagree, I always look forward to your insightful, eloquant commentary. You are a great resource to all here, and I for one certainly appreciate that. I just am used to real world problems and real world solutions, honesty, and planning. Perhaps I am being naive in expecting this from those paid to serve us.

Matthew Udall

I can certainly relate to this. Over the years I’ve engaged in this same discussion both publicly in the group and privately in e-mail with various news group members, and I find that most of the time I can share this information until I’m blue in the face; and while the reader appreciates what I’ve said (and I think they often understand and believe it) they won’t accept it since they want to be with their loved one as fast as possible, they would rather go by the bogus numbers instead of looking at the realistic processing reports that come from the service centers since those reports indicate their case is not even overdue yet, and because they are angry about this they want to be able to complain.

After a while I simply give up.

These processing reports issued by the service centers are actually a new thing. The CSC was the guinea pig in that it was given the assignment of putting out the first report and testing to see how it worked. I think the first meeting I attended at the CSC must have been in 1997 or 1998 (flew down from S.F. to attend) and at that very meeting Dona Coultice (the CSC Director at that time) announced the creation of this new report called the JIT Report, how to use it and the policy that the officer should process the case within 30 business days of receiving the case. She also mentioned “why� they were trying it…. because the numbers on the notices came from INS HQ, not the CSC, that they had no authority to change those numbers (those orders only came from INS HQ) and that it was an experiment (INS HQ told them to try this) in order to see if they could come up with a better way to let people know what is going on with their petitions and applications (are they with an officer yet).

The CSC JIT Report was a success and well received by the AILA community (we are their 800 pound gorilla, and they accommodate and deal with us as we help them do their jobs better… help them refine their systems with our suggestions, complaints, liaisons, etc.). You know how government is… it took quite a while for these reports to start coming out from the other service centers, and it was only within the past few months that each of the Centers started putting our reports that now have sort of a uniform appearance. Progress is slow when it comes to government making changes.

My guess, and its only a guess, is that eventually we will see them issuing their reports on the BCIS website for the entire world to see. I really wish they would. And if they do, then I don’t see how they could keep the inconsistent projected processing time numbers on the notices (unless of course, the public complains about “that� and demands to be given a wild guess at the outset).

M.U.

Mvstolar

Dear K-1filer,
a big fat juicy CONGRATULATIONS!!!!!!!!!

Hee Hee - still beat ya - 237 lonely days/nights!
Marian

OlenkaKyiv

My CONGRATULATIONS !!!!
It was really long time to get 2nd approval and now you have all rights to be happy..... I supose you are jumping to the ceiling now

As i understand there are no November's???? So NSC has all its own time for Januarys now

:PARTY:

Olenka

lairdside

Oh Olenka, what wonderful new pics, you guys look soooo happy!

I bet they've been there for ages and I'm just slow on the uptake.

OlenkaKyiv

it is so nice you like it <my cheeks are getting red color here> This photos were made during my travel to see my Dearest in Prague on the end of May. So photos are not for ages here

Olenka