K visas - Stuck at NVC - More questions

[Matt & Bing 56]

So, we have only been stuck for about 17 days but the lack of information is so maddening.

My understanding is as follows:

No one seems to know why some cases get selected for additional processing (one member was apparently told it was random for them). Could having filed for an IMBRA waiver be a cause? Could having an RFE from the USCIS be a cause? Has anyone ever known why they were selected?

What is the actual additional processing? Additional background checks? Reviewing everything the USCIS adjudicator already did?

I read here that the NVC can't deny a previoulsy approved petition (what would be the point of additional review if that is true?).

The NVC does not issue RFE's. (true?)

The NVC does not send cases back to the USCIS.

Just venting and looking for answers ...

Edited April 8, 2009 by Matt & Bing

[Raj and Monica 0]

So, we have only been stuck for about 17 days but the lack of information is so maddening.

My understanding is as follows:

No one seems to know why some cases get selected for additional processing (one member was apparently told it was random for them). Could having filed for an IMBRA waiver be a cause? Could having an RFE from the USCIS be a cause? Has anyone ever known why they were selected?

What is the actual additional processing? Additional background checks? Reviewing everything the USCIS adjudicator already did?

I read here that the NVC can't deny a previoulsy approved petition (what would be the point of additional review if that is true?).

The NVC does not issue RFE's. (true?)

The NVC does not send cases back to the USCIS.

Just venting and looking for answers ...

Number of posibility I see ....I dont want to discuss here.....or I dont want to hurt anybody's feeling here..that apply to me also by the way......what I see so far your timeline......all been approved quick..you right they can't deny your I129F if all is true.....so wait few more days /week......ok how about my case.....I have filed my NOA1 on October 2008

NOA2 received in 3/5/09..USCIS's last touch 3/6/09........still NVC have not received my file.....NVC saying it may take 2-4 week NVC to receive from USCIS...my 4 week is up.......they are also saying...they won't do anything up to 90 days..???? Now this is America.......I can expect in 3rd world country..I think my file been misplace......I have contacted to my US senator their case rep will contact to them.....as far as I know my 4 week is up.....all other USCIS or NVC talk is BS........Good Luck......

[scandal 951]

So, we have only been stuck for about 17 days but the lack of information is so maddening.

My understanding is as follows:

No one seems to know why some cases get selected for additional processing (one member was apparently told it was random for them). Could having filed for an IMBRA waiver be a cause? Could having an RFE from the USCIS be a cause? Has anyone ever known why they were selected?

What is the actual additional processing? Additional background checks? Reviewing everything the USCIS adjudicator already did?

I read here that the NVC can't deny a previoulsy approved petition (what would be the point of additional review if that is true?).

The NVC does not issue RFE's. (true?)

The NVC does not send cases back to the USCIS.

Just venting and looking for answers ...

Well, as you know there is a dedicated forum on VJ for this subject. If you want to cast around on the wider VJ community to see if others may answer, that sounds fine to me, let's see if they have insights that we (those who have been through the AP@NVC) have not figured out.

Here's my attempt to answer your (legitimate) questions.

The process does indeed seem to be random. And it seems to have started recently - last November 2008. Apparently by an internal directive within NVC, the file workers were told to hold back something like 15-20% of cases files for "additional processing"". This seems to be random because it's not correlated to any particular beneficiary country, service center, or other easily observable factor. Of course -that's based upon the limited sample space of the VJ database. Hence it "appears" random - not "it is" random.

In my case - I originally guessed that maybe we were selected because I recently had my fingerprints added to the FBI database. I started working at a new job at a financial trading firm which, as a trading member of the CME Group, requires all employees to submit fingerprints to FBI database. That was in Dec. My K1 visa was passed from CSC to NVC in January. Perhaps that triggered our AP at NVC? Who knows. Possibly. Frankly - I doubt it. I think it was just luck of the draw. I say 15-20% are getting picked because that's what the stats show. I did a stat review a few months ago, and I'm adding that to the webpage I now maintain. Give me about a week and you should be able to follow that stat for yourself and judge whether you believe that NVC has imposed a new internal policy approx. last Nov, as I believe they have done.

What are they doing during AP? Gawd only knows. Probably nothing. Just parking the file, I suspect. Or - maybe it goes out for additional FBI/Interpol name checks, background checks. Who cares? It's repetitive, a waste of time, meaningless. So - better not to dwell on that question. Imho.

I too read (on our AP@NVC list) that NVC cannot reject an application. They can only delay it. I don't know for fact if that's true. I think it is true - I have yet to hear of a case that was rejected at NVC. I certainly want to believe it's true. I encourage you to believe that it's true, or to ascertain that it's false, and then educate the rest of us. Ditto about NVC RFE's, and shipping back to USCIS.

Good luck!!!!! This does end. And within a finite, predictable period of time. You'll be done within ~50 days, start to finish. That's better than those stuck >6months at USCIS, or AP at embassy. Always look on the bright side of life.... da dah, da da da da da dah.....

[ I should point out that tonight was the Passover Seder, and I'm typing this after the requisite 4 glasses of wine. So, perhaps not in my normal frame of mind here...]

[Matt & Bing 56]

Thanks so much for the reply uscandual - it is much appreciated.

Hopefully others will share whatever nugggets of information they obtain about the process. If the estimated 15 to 20% of cases are being set aside for additional processnig I would assume a huge back log and even longer wait times are on the way.

I did submit an IMBRA waiver related to filing limitations - but who knows if that has anyhting to do with our case being in AP.

Yes, the bright side is that I have found my true love and we will be together soon ...

Thanks again.

[Steve and Evelyn 0]

Does anyone know of a list such as Igor's list where we can see at least an average time of additional processing? I just learned this morning my case has suffered this fate. Reading VJ some folks get theirs through in a week and others literally months and months. I'm looking to my doctor for strength in this situation. Dr. Johnny Walker. Just kidding. What is scary is reading posts concerning those of you that called and couldn't get information as to what the NVC wanted or needed until you had to get an attorney involved or your Senator or Congressman. I will do that if I have to but what a pain in the you know what! Good luck to all.

Best wishes,

Steven & Grace

[Talyss 0]

Does anyone know of a list such as Igor's list where we can see at least an average time of additional processing? I just learned this morning my case has suffered this fate. Reading VJ some folks get theirs through in a week and others literally months and months. I'm looking to my doctor for strength in this situation. Dr. Johnny Walker. Just kidding. What is scary is reading posts concerning those of you that called and couldn't get information as to what the NVC wanted or needed until you had to get an attorney involved or your Senator or Congressman. I will do that if I have to but what a pain in the you know what! Good luck to all.

Best wishes,

Steven & Grace

As a K1 applicant you may find this thread helpful

http://www.visajourney.com/forums/index.php?showtopic=165644

you'll find a big welcome there if you care to join

In addition uscandual has done excellent work to get this spreadsheet up and running so you can chcek your own progress against other K1 folks who are in (have been in) the same predicament

http://apnvc.nxserve.net/StuckAPatNVC.html

You'll find the K1 tables after the K3 ones

AP for K1 visas seems to be a case of extra security checks, there is no additional information that the NVC will request from you or that you can send to speed the process it is unfortunately just a case of waiting patiently for them to do whatever checks it is that they do. I don't think that getting an attorney or senator or congressman can help move a K visa through this process any quicker.

Edited April 10, 2009 by Talyss

[Steve and Evelyn 0]

Thank you Talyss for those links and your words of encouragement. Nothing to do now but wait and if it becomes too long take further action. Lawyer or congressman type action. We'll give them a week or two and see how it all transpires.

Steve & Grace

[Raj and Monica 0]

[quote name='Steve and Grace' date='Apr 10

people on this thread complaining their file stuck at NVC.........shoot..how about my case....NOA2 been aprroved on 3/5/09

still no word from NVC.......they have not received our file......talk about Govt paper work....they are same........you guys are lucky atleast know where your file is......uhh.......

[easygoingcouple 0]

Raj,

welcome to the club.....been waiting for my case number since March 16 and my husband got tired of listening to the same anser from NVC..........both petitions were approved too fast and too slow to get a case number from NVC............geez.............

[Raj and Monica 0]

Easygoingcouple..Hi..read about your timeline..sorry to hear that..I know it's very frustrating..right after posting on this thread ..I have called NVC ...on 4/10/09..Yahoo they have received our file after 5 week.. called today per them file been send to Nepal on 4/13/09.. I hope your file moving again.. our timeline is below..

NOA2 3/5/09

NVC in 4/10/09

NVC out 4/13/09

PKG 3 - not yet..

[Talyss 0]

Easygoingcouple..Hi..read about your timeline..sorry to hear that..I know it's very frustrating..right after posting on this thread ..I have called NVC ...on 4/10/09..Yahoo they have received our file after 5 week.. called today per them file been send to Nepal on 4/13/09.. I hope your file moving again.. our timeline is below..

NOA2 3/5/09

NVC in 4/10/09

NVC out 4/13/09

PKG 3 - not yet..

Woohooo congratulations! - Not knowing where your file was for so long must have been awful. I am very happy for you - hope the rest of the process is a speedy one :dance:

Edited April 14, 2009 by Talyss

[Raj and Monica 0]

Talyss..thanks ..ohh ya....long time waiting..hopefully soon my fiances will receive PKG-3 ...