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Should I start over?

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I applied for my fiance visa October 2014. I got my second NOA 5/28/15 and notification 6/8/15 that my case has been sent to NVC. I called one week after that and they said they received my case 6/15/15 but I called every day after that and they said they don't have my case yet.

I got my local state senator involved because it was July and I was still not hearing anything. NVC told me to email nvcresearch@state.gov but they still have not emailed me back. My state senator finally got a hold of someone in July and they were told my case was sent back to TSC. The senator's office put an inquiry to TSC and I still have not heard anything.

I called USCIS and they told me before I can inquire with them I have to wait 180 days. I know that is just a ballpark time frame because that is what they do. However I am not waiting 6 months to hear something.

My question is, should I wait until I hear something from from USCIS? Or should I start over? Should I go down get married and start a I-130? I don't want to wait 6 months for sure but should I give it time or just revoke the I129F and start from the beginning

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Please clarify your post. You the petitioner cannot apply for visa of your fiance only the beneficiary can.

So, are you talking about the petition I-129F or the visa application submitted by your fiance (beneficiary)?

Those are two different situations .....


(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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Please clarify your post. You the petitioner cannot apply for visa of your fiance only the beneficiary can.

So, are you talking about the petition I-129F or the visa application submitted by your fiance (beneficiary)?

Those are two different situations .....

You actually are just getting caught on the wording. It's the petition and I am the petitioner.

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You actually are just getting caught on the wording. It's the petition and I am the petitioner.

I am not getting caught up in the wording. Both mean different things and will result in different responses.

If it is the petition then you get a case number from NVC (if for any reason it was sent back to USCIS from NVC, wait to hear from them, it could be as simple as a clerical error that needs to be fixed at the USCIS before been sent back to NVC again).Getting your senator involved is a good thing but the bureaucracy is real.

Your packet will be mailed to Haiti

and the embassy there takes it from there.

Unless you want to withdraw your petition, you have not been denied anything yet.

If it is the visa and it has been sent back to USCIS then , you can refile since it will "die a natural death".


(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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Instead of waiting, you can go ahead and send a letter to the USCIS withdrawing your I-129F petition. You can then get married and file for a spousal visa, if you wish. However, you need to go over your I-129F petition to figure out why it would have been sent back to the USCIS before going forward with another petition to avoid having delays/denial of that one as well.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Call back USCIS and put in a service request. You will eventually get someone who isn't giving you the 180 day BS. Make an infopass appointment. Contact the USCIS omsbudsman. Those are some options for you.

NVC research takes about a month to respond. That was at least my experience last Fall.


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

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Your senator should be able to get a specific answer of why the petition was returned. What a nightmare them not informing him where exactly

your case is and why.

Have you made a service request and infopass ? I would sit tight because you may run into issues with a I-130 too if you don't know the reason

NVC returned it.

I would also check with the embassy just per chance it may sit there already and something wasn't entered into the data base correctly.

Curious what happens, please give us an update.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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I put a request in with the ombudsman yesterday. I hope that helps. I emailed the senator's office again. I set up an appointment with infopass. My I-797 expires 9/27/15 and I am freaking out about that because if that expires I don't know what to do.

Do I just go to the embassy's website and email them or something?

Thank you for all your help. I really don't want to start over if I don't have to.

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I put a request in with the ombudsman yesterday. I hope that helps. I emailed the senator's office again. I set up an appointment with infopass. My I-797 expires 9/27/15 and I am freaking out about that because if that expires I don't know what to do.

Do I just go to the embassy's website and email them or something?

Thank you for all your help. I really don't want to start over if I don't have to.

Don't worry about your I-797 expiring, they auto-extend it at the interview. Our I-797 expired October 2014, but was extended in January when my wife did her interview.

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I put a request in with the ombudsman yesterday. I hope that helps. I emailed the senator's office again. I set up an appointment with infopass. My I-797 expires 9/27/15 and I am freaking out about that because if that expires I don't know what to do.

Do I just go to the embassy's website and email them or something?

Thank you for all your help. I really don't want to start over if I don't have to.

Yes, those steps certainly can't hurt. If the senator's office doesn't get back to you soon, contact your other senator's office plus your congress(wo)man's office.

As for the expiration date, don't worry about it. Mine "expired" right before it reached the NVC, but the embassy automatically extended it another 4 months.


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

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I applied for my fiance visa October 2014. I got my second NOA 5/28/15 and notification 6/8/15 that my case has been sent to NVC. I called one week after that and they said they received my case 6/15/15 but I called every day after that and they said they don't have my case yet.

I got my local state senator involved because it was July and I was still not hearing anything. NVC told me to email nvcresearch@state.gov but they still have not emailed me back. My state senator finally got a hold of someone in July and they were told my case was sent back to TSC. The senator's office put an inquiry to TSC and I still have not heard anything.

I called USCIS and they told me before I can inquire with them I have to wait 180 days. I know that is just a ballpark time frame because that is what they do. However I am not waiting 6 months to hear something.

My question is, should I wait until I hear something from from USCIS? Or should I start over? Should I go down get married and start a I-130? I don't want to wait 6 months for sure but should I give it time or just revoke the I129F and start from the beginning

I have no advice to add but simply just to hang in there. My situation is a little different as I was actually refused the visa and have my congressman on top of it as to why. I will add that it is very necessary to understand why it was sent back, that is the only reason I am waiting to go get married just so I can avoid having another visa denied without having the understanding of what needs to be cleared up. good luck to you and stay on top of the congressman to get you some answers quickly!

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Two separate thread-hijacks have been resolved.

The post by John05 has been split and moved to the Philippines regional forum.

The post/replies of faithfultrublu have been split and moved to the Caribbean regional forum.

Another hijack post by John05 has been deleted from a thread in a different forum.

The secret is to "start new topic" or to read existing threads, rather than hijack other's threads.

VJ Moderation


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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I applied for my fiance visa

I got my local state senator involved

OP, as has been clarified, you sent the I-129F petition (not applied for a fiance visa).

To clarify further, you apparently involved one of the two U.S. Senators in your state.

A "state senator" is quite different from a U.S. Senator.

Using precise terminology will enable faster, more accurate answers for you. In addition, the use of precise terminology helps in not misleading others. How embarrassing it would be for a new member who read your post and decided to approach a "state senator" with an immigration question.

Thanks for your awareness from this point forward.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Mine was automatically extended without me doing anything. My 129f was lost too for 5 months and they found it a "records facility". Through my diligence of calling , multiple emails and local congressman's help they were able to track it down and after that the ball kept rolling.

The best thing to do is to wait and infopass. Don't file another petition, find out first what happened. Mine moved really fast after they found my files. Good luck.

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