Elected Officials can help your fiance K-1 visa case

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If you’re the US petitioner, chances are you’re checking USCIS processing timelines daily in hopes of predicting when your I-129F petition will be approved. 

OR if you had the K-1 visa interview, you’re puzzled over what’s happening behind the scenes with Administrative processing 221g.

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At some point of waiting, you’ll just throw your hands up and ask “enough is enough — how much longer is this going to take?” We know we have to wait but now it feels unreasonable… 

But there may be hope. You see, we can involve elected officials, politicians, congresspersons, or senators in your fiance visa case to help. And I’ve seen some positive examples in the past. 

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That’s what we’re going to talk about. So, if either of the following apply to you, then read on…

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• ● It’s been weeks past the processing time posted by the USCIS for your I-129F
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• ● It’s been weeks since the Embassy placed you under Administrative Processing without hearing back

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The USCIS isn’t supposed to be like this

First things first, the system isn’t intentionally designed to be slow. That’s just what happens when the USCIS gets overloaded with millions of petitions per year while short on staff (what happens after filing your I-129F petition).

Actually, if they could help it, they’d process your case immediately. In fact, there have been instances in the past where the USCIS met targets and got I-129F petitions reviewed and approved within a MONTH. 

Most times though, they’re outpaced by 5-8 months. That’s annoying for us, but it’s a blessing for immigration fraud prevention. That’s because all this waiting makes it difficult for scammers, cheaters, and frauds to hold on and be patient (read processing times for I-129F petitions).

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The US Embassy isn’t supposed to be like this, either

Something similar happens with the US Embassy. The U.S. Department of State (the one running the Embassy) is secretive about visa refusals and reasons behind Administrative Processing. 

It’s their general policy to do so for three reasons:

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• ● They don’t want to argue with you regarding why you’re denied
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• ● It may be a security-related precaution
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• ● To avoid inadvertently giving hints on how “improve” for next time

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Just like the USCIS, the US Embassy isn’t intentionally slow to wrap up your Administrative processing. 

Actually, their hands are tied because they’re waiting on other government agencies to finish up investigations and report back so they can continue processing your K-1 visa. 

All this unintentional waiting time adds an extra layer of fraud prevention where dissuaded scammers quickly drop out. 

Which is understandable. But the point remains, what do we do when we’re stuck waiting an unnecessary (out of normal) processing times?

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First option: just be patient

Well, the first option is to be patient and submit an online inquiry to the USCIS. Keep in mind that neither the USCIS or the US Dep’t of State (Embassy) delay you intentionally. 

So, if they say you’ve got to wait for processing for X months, then you’ll have to be patient and wait. There’s nothing we can do to help (in most cases) if you’re within normal processing timelines. 

They won’t return phone calls unless you’re grossly over the timeline. And if you prematurely get outside assistance — whether through a politician or ombudsman — their inquiries may be ignored. 

So, before you involve outside powers, be sure you have a good reason.

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Get a politician to intervene with your K-1 Visa

Now, if you HAVE been waiting several weeks past the USCIS I-129F processing timeline OR for Administrative processing, then consider getting outside help.

This is a little-known and infrequently-used way to light a fire under the USCIS or US Dep’t of State – whether it’s done by your senator, congressperson, or some other “interest-motivated” politician. 

He/she may get involved because of duty, interest, or both. That’s because branches of the US government are able to “check and balance” one another. Which means, for example, politicians can “check” the DHS. 

Your job is to find that right person willing to help. There doesn’t have to be a motive behind their help, as it’s part of the job. Don’t feel intimidated that you’re asking for a favor. Because you’re not.

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How to find the right help

There are three sources of outside intervention:

● Senators
● Congresspersons
● Ombudsman

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House of Representatives:  

Visit http://house.gov to see a list of the representatives for your locality. Check out how to contact their office. Most have a local office or the Washington D.C. address. If you follow the link to their website, you’ll see ways to contact him/her for immigration-related help.

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Senators:

Go to http://www.senate.gov/  and select your state. You’ll likely see two senators who represent your state. But first do some research and find out whether it’s even worth contacting them. You see, some senators depending on party choice, lean favorably toward immigration issues. Others don’t. In any case, contact only one at a time in sequence to see who’s willing to help. 

From both the House option and the Senator option, make a list of contacts.

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Steps to Contact their office

Call their office and share your urgent fiance visa-related problem. This can be via an online form or with a phone call. 

Let them know that you are a resident within their constituency OR that you’re an active voter to get their attention. Ask, “can you help me to resolve an immigration problem?”  

Typically, there are a few people assigned to take this kind of call. If they do take your call, you can expect them to help you to track your I-129F, get past the red tape, and get your file on the way to resolution.   

Tip: A congressional or senate office won’t provide legal help. Make sure you’re not asking them to resolve a legal issue, you’re only asking them to put pressure on the USCIS or US Embassy to produce results.

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How to ask for their help

There’s a particular way to ask for help. You can’t just pick up the phone and demand action by yelling “I elected you, make this happen”. 

It’s much a persuasion game as it is a “you scratch my back and I’ll scratch your” concept. It never hurts to mention that you have a connection in helping him/her get elected.

If you did have a hand in helping their election, you might say, “I’m an avid supporter, and have voted for you. I’ve even volunteered during the midterm election.” 

That’s just an example, of course. Still, showing your support – a sort of favor for a favor – never hurts. You don’t have to return the favor, though. Remember, they’re elected to serve YOU.  

The point is to get their attention by reminding them of why they serve.

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EXAMPLE

Let’s go through an actual example: 

Here’s Maryland’s US Congressman (2nd District) with a dedicated staff to help with immigration-related inquiries to the USCIS or Dep’t of State. 

If you’re a resident (constituent) and want him to help with your fiance visa-related problem, just contact his office and submit a Privacy Act Release Form (so they can legally help you).

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Fill out details. At the bottom of the form is your opportunity to describe the problem. Here you write a well-thought-out and sincere letter. 

I want to thank Brett who shared a very detailed method of writing to a congressperson. Take a look at how he drafted the letter and the kind of results he got.

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Brett had success and got a reply from the USCIS shortly regarding his case — which hadn’t showed signs of life in the weeks prior. 

But — how about we add a lot more “punch” to the letter so it truly resonates with the reader and they take action? –

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❒ Is it a real problem?
Clarify in the letter that you’ve got an actual problem. 2 days over the posted USCIS processing time is not a grave problem. 2 MONTHS past the time is a grave issue. Be sure you have an actual issue with the USCIS or US Embassy before you write this letter. In addition, compare your timeline with other “typical” ones posted and prove to them that you’re outside normal processing times. Otherwise they may not take you seriously.

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❒ You’ve exhausted other options
Be sure to let them know you’re not jumping to this as a first resort. You’ve exhausted other alternatives and only after speaking to the USCIS or US Embassy several fruitless times, you’ve come to seek the representative’s help. Here’s an example: you can show how they lost your approved I-129F somewhere but neither the NVC or the USCIS know where it is even after months of searching.

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❒ Educate them
Explain what needs explaining so they can better help you. For instance, if you feel your I-129F is not being handled fairly, then you can cite specific examples, laws, or cases from the past where you can draw support from. If you feel you were mishandled during the K-1 visa interview then you can cite specific FAM laws, examples, or previous cases to help explain your point. The representative may not know as much about this topic as you do.

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❒ Continued support
Inform the representative that you appreciate their help and will continue to support their office (if that’s true).

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Follow these principles when drafting your letter to add more impact. 

But let’s step back think a little here — did you ever wonder why the USCIS or US Embassy would even respond (or act) from these inquiries from a representative? 

Interesting question, right? Well, the answer is because they have to. 

For example, according to the Foreign Affairs Manual (Law 9 FAM 603), the US Embassy is required to respond to your visa-related inquiries as “expeditiously as possible” whether it comes from YOU (the petitioner), DHS, Congress or even your lawyer. 

So the USCIS and US Dep’t of State (US Embassy) must stick with the “checks and balances” of the government and provide answers.

But that doesn’t necessarily mean you’ll get results (as you’ll read a bit further below).

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Is it worth contacting a politician to intervene in my K-1 visa case?

So, let’s get down to business – is it even worth involving a representative when it seems like the USCIS or US DOS don’t care?

Well, it’s a mixed bag of results. First of all, not all of the representatives you contact respond back. 

And out of the ones who do, not all yield results. So the fact is that nothing is guaranteed. 

With that said, however, I admit that many times things turn out positive. The cogs of the USCIS or US Embassy start turning after you escalate the issue. For instance,

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• ● petitions get processed
• ● missing forms are found
• ● Administrative Processing comes to an end
• ● things speed up in general

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Even with all that, however, don’t get trigger happy just yet. 

Most representatives do their due diligence and compare the processing time from the USCIS tables with yours before taking action. If in their opinion, you’re still within a reasonable time, they may refuse to help. 

So, getting their help should be your last resolve if nothing else works.

The moral of the story is be sure that you’ve got a REAL problem. 

In addition, according a memo to the USCIS, they’re reducing the “meddling” that representatives, senators and others can do in immigration (report from immigrationimpact.com)

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There’s no guarantee anything will happen

Here’s an example of former Congressman Sandy Levin’s explanation of how his office can assist your immigration matters. This is from his website:

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Notice that they can’t guarantee to get you results. 

And quite frankly, the only power representatives have is to submit an inquiry on your behalf.

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• ■ They don’t have power to change the USCIS’s decision.
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• ■ They have absolutely no influence on the decision a Consular Officer makes (i.e. Consular officer’s decision are non-reviewable).

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In fact, I’ve read accounts of consular officers who say they’ve received these letters all the time but it almost never made a difference in their decision. 

So, it’s good to give it a try and be optimistic, but don’t expect any miracles.

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The Ombudsman for the I-129F

A final options exists for I-129F related problems with the USCIS. We won’t talk about the Ombudsman here in detail (we’ll leave that for a later time) but I’ll give you the highlights. 

The USCIS Ombudsman is a branch that deals with problems with how the USCIS processes your case (for us it’s the I-129F). 

For instance, if your NOA1 or NOA2 never show up at your home, then get the Ombudsman involved. If the USCIS made a mistake with your paperwork — even though you did them correct — then get the Ombudsman involved to fix the error. 

The Ombudsman handles situations where the USCIS makes a mistake or under performs. Here’s part of their scope of work:

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This office is also a last resort. Similar to contacting your representative, you should only contact the ombudsman if all other channels are exhausted. Realize that the Ombudsman only handles USCIS-related issues NOT the Dep’t of State (US Embassy or NVC). 

You can register with the Ombudsman office. Click on the “Case Assistance” option in the dropdown on how exactly to start.

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Get help only if you really need it

Those are your three options to get outside intervention in your fiance visa case.

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1. ● Congressperson
2. ● Senator
3. ● Ombudsman

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Be sure that you have an actual grave problem. Only then will the representative, senator, or ombudsman get involved. 

Otherwise, if they see you’re within normal processing times or have no actual problem, they won’t help. But even if they agree to help, it’s not 100% guaranteed that they’ll get results. 

You see, the USCIS and the US Dep’t of State (US Embassy) are large, strong branches and really don’t have to answer to anyone if they don’t want to. 

Heck, if they wanted, they could ignore all inquiries altogether. But it’s the hand-in-hand concept of “checks and balances” that work in our favor. 

So, if you’re stuck, then consider one of these options. It never hurts to try.

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How was your experience dealing with a congressperson, senator or the ombudsman? Write it in the comments below…