Go Back  British Expats > Living & Moving Abroad > USA
Reload this Page >

How Long Does It Take Them

How Long Does It Take Them

Old Sep 23rd 2002, 11:21 am
  #1  
BE Enthusiast
Thread Starter
 
Joined: Sep 2002
Location: UK
Posts: 352
mrsstrickland is an unknown quantity at this point
Default How Long Does It Take Them

Now i am stressing , it has been 4 weeks since we found out we were going to recieve an RFE, and it still hasnt arrived and our message hasnt changed on the telephone line at MSC, i cant even abandon it to go the 130 route (cos i already have an approval) because the K-3 is the only route i can take to get my children into the states (we failed to file seperate 130 for the children) i was just wonderring how long it takes them to send it out to the petitioner, its driving both me and my spouse crazy, we've been seperated for 7 months now already, we just want some news, the congressman said she has done all she could to help, but until we get this RFE she cant do anything, they wont even tell her how long its gonna take, im so afraid they are holdin back because she was involved in calling them, (she was the one who found out about the RFE), my petition was on the adjudicators desk when they decided they want an RFE 1st NOA 05/09/02, if someone has had an experience with this could they please tell me how long it took them from re-submitting the information and getting an approval please.....
thanks in anticipation..
mrsstrickland is offline  
Old Sep 23rd 2002, 1:03 pm
  #2  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,358
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: How Long Does It Take Them

Normally the RFE material is received within two weeks of the message being given on the phone voicemail. If you can, attempt to contact them at the phone number they might have provided on the first NOA. If it means starting at 8:20 a.m. and continually pressing "redial" then I'm afraid that is what you are going to have to do. And that is assuming you have a phone number to call.

If not, try writing to the head honcho of the MSC and give all the details and timelines that you have supplied here and request that the RFE material be sent to you asap. I know that you are not the USC and I am wondering if the material didn't go instead to your husband in the US.

Rete
Rete is offline  
Old Sep 23rd 2002, 1:11 pm
  #3  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: How Long Does It Take Them

Originally posted by mrsstrickland:
Now i am stressing , it has been 4 weeks since we found out we were going to recieve an RFE, and it still hasnt arrived and our message hasnt changed on the telephone line at MSC, i cant even abandon it to go the 130 route (cos i already have an approval) because the K-3 is the only route i can take to get my children into the states (we failed to file seperate 130 for the children) i was just wonderring how long it takes them to send it out to the petitioner, its driving both me and my spouse crazy, we've been seperated for 7 months now already, we just want some news,
thanks in anticipation..
Hi:

I'm an immigration lawyer in Los Angeles. Contrary to what you say, there is nothing preventing your husband from filing I-130's for his step-children. There is nothing in the law that says that their I-130's had to be filed concurrently with yours.

Also, do remember that the K-3 is still pretty new, so there is NOT a plethora of experience with it. But my understanding is that the I-130 approval for you killed the pending I-129F for K-3. Even if the K-3 gets approved, StateDepartment will go on the I-130 instead.

You made a mistake, its time to fix it.
Folinskyinla is offline  
Old Sep 23rd 2002, 1:32 pm
  #4  
Katie
Guest
 
Posts: n/a
Default Re: How Long Does It Take Them

In article , mrsstrickland says...
    >Now i am stressing ,

I think you're the lady who returned and then discovered she'd been given wrong
advice regarding Advance Parole. You've seven months behind you now. Hang on in
there... you'll get through the red tape. I can't offer much more. I really feel
for you, and I think a few others do too.


-katie
 
Old Sep 23rd 2002, 1:54 pm
  #5  
BE Enthusiast
Thread Starter
 
Joined: Sep 2002
Location: UK
Posts: 352
mrsstrickland is an unknown quantity at this point
Default Re: How Long Does It Take Them

although you are correct in assuming that my USC could still file for the children, but when i called the embassy, they told me, an approval notice is no guarantee of a visa, therefore just because i dont have an approval yet from MSC, i shouldnt still hope of the K-3, they said whichever gets to them first is what i should take, that was the basis of the conversation, as for my RFE my message hasnt changed yet so i guess im still waitin, thanks for your responses
mrsstrickland is offline  
Old Sep 23rd 2002, 4:36 pm
  #6  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: How Long Does It Take Them

Originally posted by mrsstrickland:
although you are correct in assuming that my USC could still file for the children, but when i called the embassy, they told me, an approval notice is no guarantee of a visa, therefore just because i dont have an approval yet from MSC, i shouldnt still hope of the K-3, they said whichever gets to them first is what i should take, that was the basis of the conversation, as for my RFE my message hasnt changed yet so i guess im still waitin, thanks for your responses
An immigration lawyer responds:

The "no gurantee" is a standard line. You can do everything right, have all your ducks lined up and still not get the visa.

Also, you canNOT, repeat NOT, rely on information given to you by the government. The government is NOT bound by their mistakes [the legal phrase is "estopped"]; the Supreme Court has said so with a POSSIBLE loophole of "affirmative misconduct" which is next to impossible to prove.
Folinskyinla is offline  
Old Sep 23rd 2002, 10:35 pm
  #7  
Girard Bourque
Guest
 
Posts: n/a
Default Re: How Long Does It Take Them

I can not answer the question about how long for the RFE, but here is
something to think about. When the original instructions were issued, they
said that the sponsor did not need to submit the 130 for the children at the
same time as the spouse and could apply for the K-4 for the kids. However
they had a warning in the instructions stating that the K-4 is based on the
K-3. Once in the states and you apply for AOS (which is based on 130
approval) that there was a possibilty that once the spouse's AOS is
adjusted, the children could fall out of status. This happens because once
the spouse is adjusted their K-3 is not longer valid. If the K-3 is not
valid then the K-4s are no longer valid. There is about a months spacing
between my wife's and step-daughter's 130s. I figured (am hoping) that when
the time comes, I can delay something long enough on the wife's so that the
Step-daughters will be completed about the sametime.

If your spouse is dealing with a service center that takes a long time with
130s then it might be in your interest to submit the 130s for the children.
I do not know how close they will follow this, but if they took the time to
mention it in the instructions, then it is something that we should at least
look into.

Jerry
 
Old Sep 23rd 2002, 10:45 pm
  #8  
Girard Bourque
Guest
 
Posts: n/a
Default Re: How Long Does It Take Them

Hi Folinskyinla

    >Also, do remember that the K-3 is still pretty new, so there is NOT a
    >plethora of experience with it. But my understanding is that the I-130
    >approval for you killed the pending I-129F for K-3. Even if the K-3
    >gets approved, StateDepartment will go on the I-130 instead.

I have asked about this to both the INS and consulate in the Dominican
Republic. The answer that they gave me (and I saw it on another consualte's
web-site) was the 130 is not concerned approved until it reaches the
consulate. Santo Domingo told me that if they receive the K-3 and then 2
weeks later receive the 130, they will process the K-3 as it was the first
one received.

Jerry
 
Old Sep 24th 2002, 8:06 am
  #9  
BE Enthusiast
Thread Starter
 
Joined: Sep 2002
Location: UK
Posts: 352
mrsstrickland is an unknown quantity at this point
Default Re: How Long Does It Take Them

thankyou for all your responses,
would it be possible for to delay my processing of my I-130 whether that means, not sending paperwork straight back or whatever, so that my K3 could through, or have i missed the point, that the children could not adjust status as they dont have a seperate I-130, my head is spinning with all of this.
mrsstrickland is offline  
Old Sep 24th 2002, 10:07 am
  #10  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: How Long Does It Take Them

Originally posted by mrsstrickland:
thankyou for all your responses,
would it be possible for to delay my processing of my I-130 whether that means, not sending paperwork straight back or whatever, so that my K3 could through, or have i missed the point, that the children could not adjust status as they dont have a seperate I-130, my head is spinning with all of this.
Hi:

I'm still an immigration lawyer practicing in Los Angeles. Yes, the kids would have required I-130's for them. Even if you had done the K-3/4 route, you would have had to do the I-130's to do the AOS's for them.

Also, IMHO, an AOS can be filed with local District Office based upon the pending the I-130 at Service Center. However, at least Los Angeles has expressed that they "have trouble" in following the law on this. I've been told by other attorneys that other districts have no problem with this. [BTW, this arose in the context of do-it-yourselfer's filing I-130's in the last minute 245(i) rush in 2001 not realizing that they could file an 130 and 485 together in the local district].

Based upon the foregoing, I would think that there is nothing preventing a K-3 entrant in simply filing a new I-130 with a combined package in the local district after entry.

In your case, you know what to do. Yes, you can tell the consulate exactly what is happening and they should cooperate with you to see the cases are eventually combined.

Also, this just might be a type of case to try to use Service Center expedite procedures which are reserved to exceptional circumstances [such as CSC's "red dot" procedure]. BTW, "red dot" is reserved for truly extraordinary cases and is rarely granted. But it is worth a try -- however, if red dot processing is not granted, it actually delays a case somewhat.
Folinskyinla is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.