K-1 visa
Fiancé(e) I-129F Petitions Recalled by DHS
UNCLASSIFIED STATE 00077044
P 121528Z MAY 06
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE PRIORITY
SUBJECT: FIANCÉ(E) I-129F PETITONS RECALLED BY DHS
1. Summary: The International Marriage Broker Regulation (IMBRA) was signed by the President January 5th of this year. A 60-day deadline, March 5, 2006, was established for DHS to begin asking K-1 fiancé(e) petitioners for their criminal background information. DHS did not meet the deadline for collecting additional information. Some petitions filed after the deadline were approved in error under the old procedures and sent through the National Visa Center (NVC) to posts for processing. Approximately 1100 cases went to 95 IV-issuing posts. Posts are preparing to return these cases as quickly as possible to NVC. End Summary.
2. While most K-1 cases under the new IMBRA requirements were held at the service centers pending development of a new form I-129F, some cases were processed after March 5 using the old forms and procedures and sent to posts for processing. The DHS Service Center Operations (SCOPS) Unit of USCIS, Status/Family Branch requested that posts return to NVC all K1 I-129F petitions with priority dates (date received at the DHS office) on or after March 6, 2006.
3. NVC was able to run a data base list of all petitions meeting these criteria. We have notified those
posts that have received these cases and given them the case numbers and further instructions. All cases on this
list, even those with firm appointments or in 221(g) status, are to be delayed while the petition is returned
for further information. No cases in issued status will be recalled. If posts have any question about the correct
priority date of the K1 case, they should use the priority date (receipt date) written or stamped on the original
petition. DHS has not requested return of K3 or K4 I-129F petitions.
4. The Department presently has no information about the extent of delay for these cases. In the meantime DHS will send additional questionnaires to the petitioners inquiring about their possible criminal backgrounds. When the petition is compliant with the IMBRA, it will be returned to post from USCIS through NVC for processing.
5. The Department understands the additional workload of this process and the public relations demands of
responding to disappointed petitioners and beneficiaries. We recommend that questions be addressed directly to USCIS. The USCIS customer service number is: 800 375 5283.
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Originally Posted by Arvena
