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USCIS Error RFE - Grounds to Expedite?

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Filed: Country: Australia
Timeline

Hello all,

My following query relates to requesting a case to be Expedited.

Background Info

I-130 is currently with NVC with CASE # and IIN assigned

Query relates to following case:

I-129F (K3) Spouse Visa for my AUS citizen husband.

1st NOA - July 2nd 2014

Current days since acceptance in USCIS = 57 days

USCIS RFE requesting the following:

1. Biometrics G-325A Form as they claim only a G-325 was completed - this is incorrect as have checked what was sent and it was most definitely G-325A.

2. PHOTO of a complete stranger (as the petitioner). The person they are requesting we do not know and whose name is not included in any part of document submission. It appears their mail merge crossed information with another filing.

3. Proof of Divorce : this is the only valid item as this was asked for the I-130 filing also.

Action Taken

- 1st week of AUG: I spoke to USCIS (2nd level agent) and they escalated my query to CSC (I received a reference number for this call).

- 23rd Aug : Completed follow up call and spoke to USCIS (2nd level agent) who advised to email csc-ncsc-followup@dhs.gov and provide the relevant documents as attachments and state the person is not known for item 2.

CSC Response

- 28th Aug: CSC sent email stating a modified RFE has been posted on 27th AUG and to wait 7-14 days and mail back (postal) the requested documents!!!

It is obvious the initial early August query had no impact and the cause of modifying the RFE was my email on the 23rd.

The re-sending of the modified RFE adds at least 7 -14 days, plus the 7-14 days for my postal response and then the delay with USCIS processing upon arrival.

(Yes, I will be sending via express international mail, but that is still 3-7 days and extra $$$, all caused by the USCIS #$%! up).

Questions

1. Why wasn't the email with attached documents of the previously submitted G-325A and Proof of Divorce document

taken as a valid response/update to the case?

2. Is this sufficient grounds for requesting the case to be Expedited (as I understand "USCIS error" is a criteria)

a.. If so, is there a specific template or document to be used?

b. Would this request be sent to csc-ncsc-followup@dhs.gov?

3. Would expediting my I-129F (K3) have any slow down effect on the I-130 already at NVC?

Thanks for your time and feedback.

:-)

"Success is almost totally dependent upon drive and persistence. The extra energy required to make another effort or try another approach is the secret of winning." - Denis Waitley

IR-1/CR-1 Visa

Service Center : California Service Center

Consulate : Sydney, Australia

Marriage (if applicable): 2012-06-09

I-130 Sent : 2014-05-06

I-130 NOA1 : 2014-05-19

I-130 Approved : 2014-07-02

NVC Received : 2014-07-29

Received DS-261 / AOS Bill : 2014-08-29

Pay AOS Bill : 2014-08-29

Send AOS Package : 2014-09-24

Submit DS-261 : 2014-08-29

Receive IV Bill : 2014-09-14

Pay IV Bill : 2014-09-15

Send IV Package : 2014-09-24

Checklist (via NVC Agent on phone): 26th November

Checklist items SCAN DATE (confirmed via NVC email): 11th Dec, 2014

(Case reviewed by Supervisor - DONE)

Receive Instruction and Interview appointment letter :

Case Completed at NVC : verbal confirmation by NVC Supervisor 18th Dec, 2014

NVC Left :

Consulate Received :

Packet 4 Received : 3rd Jan 2015

Interview Date : 3rd Feb 2015

Interview Result : APPROVED !!

Visa Received : 5th Feb 2015

US Entry :

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Filed: Lift. Cond. (apr) Country: China
Timeline
Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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If NVC ever receive your I-129F, they will administratively close it since they have an I-130 in the building for you.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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