The MSC reminds everyone that the instructions for the V Visa I-539 are confusing. You may file the principal alien and list all family members on a single I-539. Make certain to include the $25 finger-printing fee for each person 14 or older. Please do NOT file separate I-539s for each family member if you have listed them on the primary I-539.

The MSC also wants to notify individuals that the "K" visa approval notices contain incorrect information which is confusing to individuals. The language in the notice will be changed, but that will take many months to be corrected. In the meantime, individuals should ignore the language which states they ' have to be married within 90 days" (they should already be married) and that they "can file I-824 to notify different consulate" for their interview. The MSC sends the approved I-129F application directly to the NVC which then sends the file to the Consulate in the country where the individuals were married. Under the new law, K-3 applicants must have their interview in the country where the marriage took place so they do not have the option of selecting an alternative Consulate for their interview.

2. What causes applications submitted in the same package for the same person (e.g. I-529 & I-765) to have receipts issued days and weeks apart?

The packages are received by the lock box contractor personnel and opened and all documents are scanned and placed back into their envelope. If there is a 'problem' with the application, the application is sent to the case resolution unit for review before the receipt notice will be issued. Thus two applications, e.g. I-539 & I-765, for the same person can have receipt notices issued separately days apart.

3. What is the MSC doing to handle cases where the receipt notice was issued by the MSC but never received by the applicant?

This problem is an important issue because applicants need the receipt notices in order to make an appointment to have their biometrics and fingerprints done. The MSC is unable to duplicate the receipt notice, so the MSC will issue a special RFE notice printed on I-797 form requesting the applicant to go have their fingerprints done. The ASC centers have been notified by the MSC to accept these special RFE notices for purposes of taking fingerprints. The MSC will issue this type of RFE notice when they are notified by an individual that they never received their original receipt notice.

4. How are I-601s processed when submitted with a "V" application?

Where an I-601 is necessary with a case, it is properly filed along with the I-539 at MSC lock box. MSC will receipt the I-601 along with the I-539 and go through MSC's normal processing (i.e. fingerprinting, etc.) up to the point of adjudication. Then the entire case will be transferred to a District Office with MSC annotations for final adjudication of both the I-539 and the I-601 at the District Office. The MSC does not adjudicate the I-601 waiver. When the District office adjudicates the I-601, they will send that and the I-539 back to MSC for MSC to adjudicate the I-539.