HELP!!! I DONT KNOW WHAT TO DO ANYMORE! 5 MONTHS SINCE NOA2 AND NOTHING!!!!

[SMB22 22]

So I am trying to keep this as short as possible for you guys, but it unfortunately is a rather long horror story that doesn't seem to come to an end! Please bare with me and take a couple minutes to read this post, I need all the help, suggestions and prayers I can get...
So let's start out with the basics.

My fiance and I applied for a K1-Visa the beginning of February 2013:

NOA1 : February 20th 2013

(about 5 months later)

NOA2: July 18th 2013

Case from USCIS to NVC: August 14th 2013

Well, so far so good. All the waiting times were totally within reason and we were so happy when we received our NOA2! BUT from from here on everything went completely down hill...

We started calling the NVC about a week or so after we received our NOA2 for the first time and got the standard message that we would have to give it 6-8 weeks time. Well we called about once a week just to see, hoping they might get to our case early... 8 weeks later they still didn't find out receipt number in their system so they advised us to call USCIS to find out what date the case was actually send out, we did so and got told that it wasn't send out til August 14^th. A little disappointed, but yet reassured, that that's probably the reason why the NVC didn't receive our case yet. So we just continued calling once a week. Well, September came to an end and the NVC still didn't have our case...so the lady at the NVC told us to send a copy of our NOA2 to the NVC research email address and also contact the USCIS and let them know that the petition never arrived at the NVC. We did so immediately and then the whole waiting game started, worse than I ever imagined!

On October 26^th the USCIS finally resend a duplicate copy of our petition to the NVC. And from there on the confusion set in. The tier 2 officer we spoke to on that day told us that we should receive a letter within the next 10 days (which seemed unbelievable fast, but we wanted to hope for the best). Well 10 days passed and we didn't hear anything...

Calling back we were told that this was misinformation and we have to give it 60 days, the “regular 8 weeks”! We were both very confused how it went from 10 to 60 days... When my fiance tried to politely ask what was going on with our case the tier 2 officer just hung up on us! We immediately called back and spoke to a different tier 2 officer, this lady told us it would be 30 days (help?! What no 10, 60, 30???) My fiance told her about the previous lady hanging up on us and she said that she was very sorry about that, and that she would put in a service request for us. When we asked why everybody is telling us something different about the timeframe (once again my fiance was very polite) she hung up on as, too!!!!

This was very upsetting to us, but we just hoped that the 30 days was the corrected information and told each other what is another 20 days at this point, then everything will be picking up and I will be in the US in no time! November 26^th I called the NVC as instructed by the the USCIS, believing I would get my case number and everything would turn out fine. Well of course it didn't...! I called and they had no trace of our case in their system, once again I was told that it could take up to 8 weeks...

At this point very frustrated my fiance called the USCIS once again and finally got to speak to a tier 2 SUPERVISOR, the lady confirmed that the NVC should have received our case by now and that he would put in another service request for us, as well as sending the NVC (at least that's what my fiance thought) an email requesting for our case to be expedited. We were even put on hold while she typed the email...! She gave us a reference number in case the NVC wouldn't have our case number ready after 7 days. At this point it sounded like great news to hear the word expedited and not to be hung up on! She told us to call the NVC after 7 days and we should receive our case number, if not, to call (her) back.

Well this morning I called the NVC, all my hopes up high, NOTHING, our receipt number is not in their system. Luckily the guy on the phone was very nice and tried multiple times to reenter to make sure he didn't get the numbers wrong, yet nothing.... I told him our horror story and he asked me if I had email the NVC research and I told him that I did, but the only message I got back from them was that they contacted the USCIS on our behalf and would get back to us as soon as they hear anything back from them, I never heard anything after that. (I got that email about a month ago....)

I was told to call back the USCIS and see if they could track my petition that was send out on October 26^th to make sure that it arrived.

And that's what we did...

Very quickly I also want to mention at this point, that we had contacted the Ombudsman’s office after we were hung up on twice. (October 26^th) We filled out that online form but have not heard back from them (besides the automated message) til this day. But in the first week of November while calling the NVC once again, a man there gave us the phone number for the Ombudsman’s office. My fiance called them and got a recording to leave his name and number. He was called back right the next morning. I didn't hear the conversation he had with that lady there, but he told me that she was very nice and concerned for us. She listened to our whole story, wrote down our receipt number and my fiances email address. She said she would inform her supervisor and my fiance should get an email form someone at the Ombudsman’s office by the beginning of the next week (he talked to her on Thursday). With high hopes the next week rolled around and we did NOT receive an email from anybody... We gave it until the end of the week and than my fiance called back. Once again only the recording to leave name and phone number and they would get back with us as soon as possible. My fiance has called the Ombudsman’s office about once a week since then (about 3 weeks ago). All we get is the recording and nobody is every calling us back! (

So back to our conversation with the USCIS today...

We spoke to a tier 2 officer, once again telling them our entire disaster we have been going through. The lady told us that the email that that supervisor had send (after giving her the reference number) was send to the VSC. Now I was 100000% confused! What has Vermont to do with any of this? We had been dealing with the TSC the entire time, they are the one we got our NOA2 from and everything... The lady didn't really seem to know exactly why either, all she said is that they don't directly contact the NVC and that it is an interior process. But even at that I am not sure why VSC when our petition was processed and approved and lost by the TSC. The next big bomb she dropped was that we have to give it 30 DAYS from when the email was send, the supervisor told us 7?! We asked to speak to a Supervisor, possibly the same one who send the email and told us it would be 7 days... she said she it wasn't possible to be transferred to a specific person and that she can transfer us to a supervisor but they would tell us the same thing... Well it seems everybody is telling us something different!!!! We are currently still waiting for the call back (current wait time is over 3 hours...) But I have the feeling that this is not going to help us once again.... :'(

The USCIS is telling us something different every single time we call, the NVC can't do anything until the receive our petition, the NVC research is supposedly waiting on a response form the USCIS since over a month, the Ombudsman’s office is ignoring us...

What can we do at this point?! PLEASE HELP US!!!! ANY SUGGESTIONS WOULD BE SO GREATLY APPRECIATED! The only other thing I know to do is to get a lawyer. But I am not sure how much they could actually help us at this point.... If you think they could, do you maybe know a really good lawyer for our situation?

At this point I am open for ANYTHING that could possible help us get through this...!!!!!!

I so greatly appreciate your help! THANK YOU!

[Trisha89 36]

This is unbelievable!! I would to 1000% recommend you an attorney!

This is not acceptable anylonger! I know you have been going through a lot and this is so horrible!

I really wish you all the best but please talk to a lawyer!! :*

[Trisha89 36]

What would you do at this moment? What is your fiance suggesting?

[SMB22 22]

What would you do at this moment? What is your fiance suggesting?

So we just got done talking to a supervisor, unfortunately it was a different one than last time…

And we pretty much got the response I thought we would get… We were told to wait till the 11th of December, and if we don't hear anything by then call back once again.

This is just so ridiculous at this point!!!! Every time we are told to wait another 10 days, another 30 days, the days pass and once again nothing has happened!

This is unbelievable!! I would to 1000% recommend you an attorney!

This is not acceptable anylonger! I know you have been going through a lot and this is so horrible!

I really wish you all the best but please talk to a lawyer!! :*

I am really considering to get a lawyer/attorney, I am just unsure what else they could do then what we are already doing, calling calling calling and getting the sam BS answers every time...

[Trisha89 36]

So we just got done talking to a supervisor, unfortunately it was a different one than last time

And we pretty much got the response I thought we would get We were told to wait till the 11th of December, and if we don't hear anything by then call back once again.

This is just so ridiculous at this point!!!! Every time we are told to wait another 10 days, another 30 days, the days pass and once again nothing has happened!

I am really considering to get a lawyer/attorney, I am just unsure what else they could do then what we are already doing, calling calling calling and getting the sam BS answers every time...

WOW! Yes I totally agree!! It's getting ridiculous! I would like to know why?! What's there problem to just send all the information that they have in their system and send it once again to the NVC what's the problem on this?!? How can it get lost all the time?!?!

[SMB22 22]

Oh and what I forgot to mention, we also contacted the congressman a couple 2-3 weeks ago, but so far they could't really find out anything that we didn't already know…

[Trisha89 36]

Johnstone Adams in Mobile AL is our attorney office with them we filled out our K1 petition,.... We really appreciate the help until yet, although we are still waiting for NOA2 since august 12 2013 but I would say they do a good job.

[SMB22 22]

Johnstone Adams in Mobile AL is our attorney office with them we filled out our K1 petition,.... We really appreciate the help until yet, although we are still waiting for NOA2 since august 12 2013 but I would say they do a good job.

Ok thank you I will give that name to my fiance so he maybe can give them a call this week

Does anybody else have any suggestions or has been/is in a similar situation?

PLEASE!! I really need your guys' help!!

Edited December 2, 2013 by SMB22

[Trisha89 36]

I hope these guys can do something for ya'll it is really complicated but I mean giving up can't be the solution. Than would have been everything for nothing :-c. At this moment I think it is just important that you can go over there.... And get married!

[dwheels76 5,459]

Oh and what I forgot to mention, we also contacted the congressman a couple 2-3 weeks ago, but so far they could't really find out anything that we didn't already know…

Well this isn't a legal matter. Nothing a lawyer can do for you that you already done. The congressman would have better chance but you say they got what you got. I would be back on phone with maybe another congressman or same call senator and keep calling.

I seriously would not waste money on a lawyer ask yourself what can a lawyer do. One lawyers do not call NVC or USCIS EVER. So your time and money would be wasted. They don't troubleshoot they file your papers for you.

If it was a legal matter I would say heck yes get one but it is not its a horrible clerical mess of hot potatoe. I am so sorry. Please do keep us posted.

[SMB22 22]

Well this isn't a legal matter. Nothing a lawyer can do for you that you already done. The congressman would have better chance but you say they got what you got. I would be back on phone with maybe another congressman or same call senator and keep calling.

I seriously would not waste money on a lawyer ask yourself what can a lawyer do. One lawyers do not call NVC or USCIS EVER. So your time and money would be wasted. They don't troubleshoot they file your papers for you.

If it was a legal matter I would say heck yes get one but it is not its a horrible clerical mess of hot potatoe. I am so sorry. Please do keep us posted.

Thank you for you input! I really appreciate it!!!

That's kinda the same thing I thought… Like you said, I don't really see what they could do for us, but like I said at this point I am willing to try anything any everything!

I don't want to give up, but I am at the point were I just don't know what to do anymore, I really don't mind spending money, as long as it helps us to get through this..

[SMB22 22]

I hope these guys can do something for ya'll it is really complicated but I mean giving up can't be the solution. Than would have been everything for nothing :-c. At this moment I think it is just important that you can go over there.... And get married!

Giving up is definitely the last think in my mind right now!

We filled the petition knowing that it wouldn't be easy and that it entailed waiting and being patient, but I was prepared for one thing or another going wrong, but not for EVERYTHING to go wrong...

Once again thank you so much for your support!

[Darnell 8,478]

SMB22 -

OUCH ! Sounds like you've touched base, checked in, with all the entities that can do anything, however,

i need to point out that all of the contact with the Tier 2 folk, all they did is to file a service request.

IMO, the service requests were ignored. I had that same issue earlier in the year.

IMO, there are too many disconnects with the service request system.

What to do? Call back into USCIS, get another Tier 2 Human, and remind them of all of the service request ID numbers. Whilst on that phone call, ask for a physical casefile location check - they can do that in real time - it's on another screen , sometimes buried in the comments.

Also, if you've not engaged with an Immigration Liason Human at a Congressman's office yet, DO SO ! If you have already engaged the ILS Human, it's time (today) to get on them again, and ask that physical casefile be located and sent on to NVC.

Worst case scenario? Your casefile was sent to NRC instead of NVC. This has happened with I-129F petitions this year, so is some chance that that is where your casefile was routed. Yes, it sucks, but a semi-competent ILS human can track down what's what, if you ask directly of them. it's not enough to just 'ask for status' - you have to ask pointed questions - it's a decision tree for an ILS human, where to chase the casefile. Questions for the ILS Human:

--Was my casefile routed to NRC ?

--Where is the physical casefile today?

--Please find the physical casefile and have it routed to NVC.

Go Get Em, and Good Luck ! (you can read my story in my profile, click the girls, have a read. Sure, it's not the same casefile type, but I acquired excellent skills with how to engage and which questions to ask, of an ILS Human)

[dwheels76 5,459]

SMB22 -

OUCH ! Sounds like you've touched base, checked in, with all the entities that can do anything, however,

i need to point out that all of the contact with the Tier 2 folk, all they did is to file a service request.

IMO, the service requests were ignored. I had that same issue earlier in the year.

IMO, there are too many disconnects with the service request system.

What to do? Call back into USCIS, get another Tier 2 Human, and remind them of all of the service request ID numbers. Whilst on that phone call, ask for a physical casefile location check - they can do that in real time - it's on another screen , sometimes buried in the comments.

Also, if you've not engaged with an Immigration Liason Human at a Congressman's office yet, DO SO ! If you have already engaged the ILS Human, it's time (today) to get on them again, and ask that physical casefile be located and sent on to NVC.

Worst case scenario? Your casefile was sent to NRC instead of NVC. This has happened with I-129F petitions this year, so is some chance that that is where your casefile was routed. Yes, it sucks, but a semi-competent ILS human can track down what's what, if you ask directly of them. it's not enough to just 'ask for status' - you have to ask pointed questions - it's a decision tree for an ILS human, where to chase the casefile. Questions for the ILS Human:

--Was my casefile routed to NRC ?

--Where is the physical casefile today?

--Please find the physical casefile and have it routed to NVC.

Go Get Em, and Good Luck ! (you can read my story in my profile, click the girls, have a read. Sure, it's not the same casefile type, but I acquired excellent skills with how to engage and which questions to ask, of an ILS Human)

And SMB22 I can not stress enough to say it exactly like Darnell has it here. I had a lost file between USCIS and NVC and Darnell told me word for word what to say. You say just anything "What is the status of my case?" well guess what they will say. "we mailed it". Nail them to the wall and say like its written.

Darnell forgot to say his catch phrase.

Report back what they said and what happened. We'll be waiting with baited breathe.

[Cathi 5,609]

This is unbelievable!! I would to 1000% recommend you an attorney!

This is not acceptable anylonger! I know you have been going through a lot and this is so horrible!

I really wish you all the best but please talk to a lawyer!! :*

What exactly do you think an attorney can do? Nothing is the answer. Most likely an attorney wouldn't even take a case that has already been filed anyway.

To the OP: The thing to do is to call your state senator and speak to their immigration liason,have them inquire on your behalf. When I was having trouble at the NVC that is what I did, and I had an answer and the solution to our problem the same day they inquired. Don't screw around with an attorney, it will be flushing money down the drain. Good luck and keep us updated.

Edited December 2, 2013 by mimolicious