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Homeland Security hitch holds up weddings

The Associated Press
WASHINGTON - Red tape is holding up wedding bells for an estimated 10,000 U.S. citizens waiting on the Homeland Security Department to design new paperwork so they can apply for visas for their foreign fiancees.

A law approved in January required Homeland Security to retool visa application forms in an attempt to protect foreign mail-order brides from abusive American spouses. But the department, which oversees immigration services, failed to meet a March 6 deadline to produce the paperwork. And that has had unintended consequences -- snarling the immigration process for thousands of other couples.

A Homeland Security spokesman estimated that at least 10,000 couples have had their wedding plans stalled.

On Tuesday, the department said it would send out additional forms to the visa seekers for more information that should satisfy the new law's protections.

Homeland Security acknowledges that the bureaucratic delay is "certainly an inconvenience," said Chris Bentley, spokesman for the department's Citizen and Immigration Services.

By Michael_B on Jun 14, 2006, 05:46 in Visa & paperwork.

Crazy4Cali says on Jun 14, 2006, 05:56:

I feel so much safer now... And I'm sure all the anxious foreign fiances feel better now, too, knowing that the U.S. Government is looking out for them.

Jeeez, what a crock.

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lpdiver says on Jun 14, 2006, 08:53:

Sounds like this may... swing the pendulum to the side of the K-3 being the preferred path.

Tony

"cook some rice!"

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FredGarvin says on Jun 14, 2006, 09:17:

Apparently, some provisions of the IMBRA *do* affect K3 petitioners. Not totally sure, but I believe because K3 petitioners file the I-129F (application for fiancee visa), they are included in IMBRA's reach.

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lpdiver says on Jun 14, 2006, 09:18:

darn... the bad luck

"cook some rice!"

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FredGarvin says on Jun 14, 2006, 09:27:

It could also be that the new I-129F application asks if petitioners met through an IMB. This would affect both K1 and K3 applicants.

FG

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rjstuff says on Jun 14, 2006, 10:10:

Yes it does according to posts on visa Journey. It affects both K1s and K3s. Since March 6th they have both been help up. Once it clears up, probably K3s will be subjected to the same also as they are in effect the same thing; a foreign bride - as compared to K1; a foreign bride to be! How and where you met is irrelevent according to the IMBRA. Good Luck

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FredGarvin says on Jun 15, 2006, 11:47:

Don -- what is this 6 month waiting period? I have not heard of such a thing....

rj -- you are right --- how and where someone met is totally irrelevent according to the language in the IMBRA. The language is also very misleading ("mail order bride"), since the K3/K1 process encapsulates all foreign beneficiaries --- both male and female. I have yet to hear someone explain how their husband is a "mail order bride"!!!

FG

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famsearch says on Jun 20, 2006, 20:07:

visa delays... i too was worried if that would cause problems with my wife's visa, so i called the nvc and asked. they said no, it was only for those who filed the 129f, and not the 130. those who filed the 130 will not be having any problems.
dan

dan

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FredGarvin says on Jun 21, 2006, 05:31:

fam,

Give them a call back and see if you get the same answer.... Some have done just that, only to recieve 3 different answers for the same question asked at different times!

"they said no, it was only for those who filed the 129f, and not the 130. those who filed the 130 will not be having any problems."

Well, what do married couples have to file in order to obtain a K3 visa?

... Yep -- the I-129F....

FG

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lpdiver says on Jun 21, 2006, 06:52:

If you really... want the answer read the CFR. Of course interpretation and application of the law is another thing.

T

"cook some rice!"

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famsearch says on Jun 21, 2006, 13:23:

filing the 129f fred, i never filed the 129f for my wife, just the 130. the original plan was to file the 130, get the receipt, then file the 129f. but when it came time to get the receipt, that was when they started shifting the load from nebraska to california. our 130 was one of the first sent to california. after a bit of time, it got processed, and we moved on in the process, so no need to file the 129f, and spend the extra money on the fee for it. right now, they should have received the ds-230 on 6/19, so now it's just counting down the weeks.

the only reason they even had the exception part of the 129f for married couples, was that they were getting so far behind in processing the 130's, that they set that up to be used to get someone here sooner, while the 130 was pending.
dan

dan

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FredGarvin says on Jun 22, 2006, 07:13:

"fred, i never filed the 129f for my wife, just the 130. "

Then you were not "going" for a K3 visa -- you continued down the CR1 visa process, which is actually going to provide for an Immigrant Visa, Not a non-immigrant visa.

FG

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famsearch says on Jun 22, 2006, 16:01:

that's exactly what i did, and thank goodness i didn't file the 129f. found out that they do not give refunds.
dan

dan

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FredGarvin says on Jun 22, 2006, 18:25:

Dan -- what was your timeline for the CR1 process???? I have a good understanding of the timeframe pre-IMBRA law, but I am curious to know about your specific CR1 case....

My wife and I are doing both the CR1 & K3 at the same time --- the CR1 process was actually catching up with the K3 when we first filed. Most of our research led us to believe that the "LIFE ACT"/K3 was put in place to compensate for the long CR1 process, since "fiancee" visas were being issued much quicker than actual families waiting upwards of a year for the CR1....

Anyway -- Thanks for you input.

FG

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famsearch says on Jun 22, 2006, 18:56:

well, we got married in dec of 2004 in colombia. if i remember right, i started the paperwork some time around feb or march of 2005. sent the 130 in, waited for the reciept, but then they decided that since the nebraska office was so overloaded, they were going to move new petitions to other offices. since ours was one of the first batches, they weren't sure if it was going to nebraska or california, had to wait and see what the prefix was on the reciept. took the better part of 4 months to get to our receipt date of may 11th, then i decided to hold off for a bit, then a few days after i decided not to file the 129f, got the notice that the petition was approved, and sent on to the nvc. then the, what i call the 10-15 day dances. send $$ to st louis, 10-15 days for them to process and send info to nh. nh takes 10-15 days to process and send me forms. that happened for the affidavit of support, and the ds-230. uf da!! at this point, i figure the ds-230 has arrived at the nh office this last monday, now just waiting for them to process, send the ok to the embassy in bogota, along with the copy to me. then a matter of them sending my wife the letter and date of the interview (about a month in advance). it's been a while, a bit longer than we first were led to expect, but we're just waiting for the day that she's here.
dan

dan

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