Should I start over?

[Beesofsept 0]

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

[IcezMan_IcezLady 582]

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 .....

[captmaximus 11]

Whatever you decide to do DO NOT send in another I-129F application under any circumstances as this will add confusion on top of everything else.

[Beesofsept 0]

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.

[IcezMan_IcezLady 582]

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".

[KayDeeCee 4,891]

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.

[usmsbow 795]

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.

[Ebunoluwa 6,136]

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.

[Beesofsept 0]

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.

[Mike-eeh and Odie 192]

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.

[usmsbow 795]

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.

[lala64 93]

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!

[TBoneTX 43,048]

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

[TBoneTX 43,048]

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.

[Soulmate1971 9]

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.