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Usman's Fairy

Notice of Intent to Revoke - got 2 of them

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Filed: Country: Pakistan
Timeline

Hey all,

I guess it's been longer since my last visit than I thought... it's so very different! I hope everyone is getting good news on their individual cases. I may not be online much these days but you guys are always in my prayers.

Well, I need help. On June 26, 2007, our petition ( I-130) was called back to the CSC for further review (My husband, Usman, is in Kohat, Pakistan). for almost exactly 2 years absolutely nothing has happened on our case ... not even my congressman's office could get anything other than the basic "we'll get to it when we get to it" verbage.

On June 9th, 2009 they issued a notice of Intent to Revoke, giving me 30 days to submit my response. On June 18th I received a second notice, exactly like the first one but giving the due date of July 18th. Online and by phone status still make no mention of this notice being issued. Our case has had one issue after another (it was "lost" and I was informed that "technically" the USCIS didn't HAVE to process my petition at all due to a law that President Clinton passed - It was miraculously found and processed when I said I would get my congressman to inquire on the validity of that law) - Anyway.... aside from getting 2 of these notices with differing dates, there are several other problems with the reasons for their decision. It states the petition was filed by Hildegarde Chapparo on 02/24/06 - I do not know her and that is 4 months before we were even married!! They have misstated how we met and how long we knew each other before we decided to get married (they say we chatted a few months but I think nearly 2 years is a bit more than "a few months" ) They state our wedding date as 06/26/06 when we were married on 06/06/06. They go further to say that I could not describe how I met my husband or provide proof of personal correspondence -- uh, no one ever asked me anything but I do have several letters that I sent to them while trying to find out where our petition was and why it was taking so long and each one has a very detailed description of how we met and how we communicate. Of course they also include the normal things like it's not normal for a Pakistani male to marry outside his culture, family circle, religion and language ... our wedding was not big enough and it was just family... he didn't know every detail about every family member of mine.

My question is, how much worse is it that I got an intent to revoke rather than intent to deny and does anyone have any suggestions or advice? This whole thing has been so stressful and I really do not want to screw up. Usman is finding it hard to be positive and thinks that this is a final decision. My family takes this as a personal affront and have written personal letters they want me to submit with my response. I am trying to be positive and thinking if I am convincing that we still have a chance.

I would greatly appreciate any and all input on this. My mind is a jumble and it would help me so much.

I've gotta get back in here and figure out how to navigate this site again. lol. Wishing everyone the best.

Saba

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Filed: Citizen (apr) Country: Ecuador
Timeline

Maybe an organizer or moderator can kindly shift your excellent question to a forum (Waivers?) where more answers might be forthcoming.

If this turns out to be a question best answered by an attorney, consider looking at http://www.fosterquan.com -- I believe that the attorneys there all have their heads screwed on very straight. I have no connection with the firm except for having had a positive consultation experience with their attorneys.


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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Filed: K-1 Visa Country: Vietnam
Timeline

Agreed. Get a laywer, and get one quickly. It sounds like your case and somebody elses have become hopelessly intertwined at USCIS.

Do NOT fail to respond to the notice before the time runs out. The notice may constitute an accusation of material misrepresentation. If you don't respond, the accusation becomes a presumption of fact, which can result in your husband being banned from the US.

By the way, a Notice of Intend to Revoke means they intend to revoke the basis of the application, which means the initial approval of the petition. A Notice of Intent to Deny would mean they intend to deny the visa, but not revoke the petition, which usually opens up pathways for appeal.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: K-1 Visa Country: Vietnam
Timeline
Hey all,

My question is, how much worse is it that I got an intent to revoke rather than intent to deny and does anyone have any suggestions or advice? This whole thing has been so stressful and I really do not want to screw up. Usman is finding it hard to be positive and thinks that this is a final decision. My family takes this as a personal affront and have written personal letters they want me to submit with my response. I am trying to be positive and thinking if I am convincing that we still have a chance.

I would greatly appreciate any and all input on this. My mind is a jumble and it would help me so much.

I've gotta get back in here and figure out how to navigate this site again. lol. Wishing everyone the best.

Saba

Saba Im going to try and give you a positive response. Although I am not a lawyer, and this is only my opioion, see if this help you in deciding if you need professional advice. First of all, members here who are in your position would walk thru fire, just to get 1 NOIR, your very lucky to get 2. NOIR AND NOID are 2 different things, NOIR is only appicable if your petition was intially apporved by USCIS and returned by consulate. NOID (deny) is only issued if your petition you filled was denied, before NOA2 by USCIS. NOIR and NOIDs are issued before an absolute descision is reached in your case by USCIS. This gives the petition a chance to depute finds by COs, or IOs, without having to file I-290B official appeal form. IF you are not able to overcome the CO finding in your rebutal or fail to respond to NOIR in time, then USCIS will delcare your petition as revoked. Then you may file an official appeal of the final decision.Same procedure with NOID. You must clear up any missunderstanding with consulate finding in your rebutal breif,along with any supporting proof of your claim. Once you have satified the IO concerns they will reaffirm your case. In your situation you should also be entitled to request an expedit on your reaffirmed petition as well , due to the fact that you stated their were some errors on USCIS part. I understand that both of you are very worried about this issue, due to the fact that you havent received any information on how to proceed with this matter. Actually you should be happy and take advantage of this situation. You are know being given a chance to tell your side of your LOVE STORY to USCIS. It is not over, infact it is the restart of your personal goal again. About the concern you have with revoke or deny issue (if one is worst than the other). In my opioin revoke is better than deny, because USCIS beleived you already, you just have to prove that the consulate finding were only a missunderstanding. If you were denied, you would have been stuck at square 1 with USCIS and fight them, which would have been very diffucult and expensive. Fianlly i have given you 2 links (copy and paste) to USCIS regarding revocation procedure, I am assuming that you havent read them yet. After reading it, I hope it will answer all of your questions and concerns. ;) Good Luck & God Speed

http://www.uscis.gov/files/article/FactShe...ns__9Apr09_.pdf

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/? vgnextoid=aa7e89ce45c80210VgnVCM1000004718190aRCRD&vgnextchannel=6b3e9c337879d110VgnVCM1000004718190aRCRD://http://www.uscis.gov/portal/site/us...0004718190aRCRD


Round 1 (K-1)

Mar-16-09: interview (blue slip)

Mar-25-09: returned with blue slip denied, (white slip)

Jun-04-09: nvc received returned petition

Jun-08-09: nvc forwards to uscis

Jun-19-09: noa3 uscis received ( pending under review)

Sep-17-09 : touched!!!

Sep-21-09: Notice of Decesion, Expired free to file again

Round 2 (K-1)

(1st denied case received & forward dates at NVC,and 2nd refiling & noa1 at uscis are identical ....how ironic)

I-129F sent: Jun 04-09

noa1 recvd: Jun 08-09

noa2: Sep-17-09 APPROVED

noa2 Hard Copy: Sep 21-09 called CSC said not approved still pending in system (#######!!!!)

noa3 recvd: Nov 25-09 USCIS is reopening case NOA2 was issued in error.(Government Motion to Reopen)

RFE ( NOID) recvd: Dec 18-09 ask to give rebuttal on consulate finding regarding 1st petition

RFE sent: Dec 20-09 rebuttal submitted plus able to front load additional proof.

noa4 recvd: Dec 28-09 APPROVED FINALLY

NVC recvd: Jan 04-10

NVC left: Jan 12-10

Consulate Recvd: Feb 05-10

Packet 3 submitted: Feb 09-10

Packet 4 Recvd: April 16-10

Interview : May 12-10...PINK SLIP already on the table (2years 1week later)

Visa Pickup: May 28-10 In Hand!!

POE: May 29-2010 LAX

Feelinglucky Tonight

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Filed: K-1 Visa Country: Singapore
Timeline

Moved...


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Hey all,

I guess it's been longer since my last visit than I thought... it's so very different! I hope everyone is getting good news on their individual cases. I may not be online much these days but you guys are always in my prayers.

Well, I need help. On June 26, 2007, our petition ( I-130) was called back to the CSC for further review (My husband, Usman, is in Kohat, Pakistan). for almost exactly 2 years absolutely nothing has happened on our case ... not even my congressman's office could get anything other than the basic "we'll get to it when we get to it" verbage.

On June 9th, 2009 they issued a notice of Intent to Revoke, giving me 30 days to submit my response. On June 18th I received a second notice, exactly like the first one but giving the due date of July 18th. Online and by phone status still make no mention of this notice being issued. Our case has had one issue after another (it was "lost" and I was informed that "technically" the USCIS didn't HAVE to process my petition at all due to a law that President Clinton passed - It was miraculously found and processed when I said I would get my congressman to inquire on the validity of that law) - Anyway.... aside from getting 2 of these notices with differing dates, there are several other problems with the reasons for their decision. It states the petition was filed by Hildegarde Chapparo on 02/24/06 - I do not know her and that is 4 months before we were even married!! They have misstated how we met and how long we knew each other before we decided to get married (they say we chatted a few months but I think nearly 2 years is a bit more than "a few months" ) They state our wedding date as 06/26/06 when we were married on 06/06/06. They go further to say that I could not describe how I met my husband or provide proof of personal correspondence -- uh, no one ever asked me anything but I do have several letters that I sent to them while trying to find out where our petition was and why it was taking so long and each one has a very detailed description of how we met and how we communicate. Of course they also include the normal things like it's not normal for a Pakistani male to marry outside his culture, family circle, religion and language ... our wedding was not big enough and it was just family... he didn't know every detail about every family member of mine.

My question is, how much worse is it that I got an intent to revoke rather than intent to deny and does anyone have any suggestions or advice? This whole thing has been so stressful and I really do not want to screw up. Usman is finding it hard to be positive and thinks that this is a final decision. My family takes this as a personal affront and have written personal letters they want me to submit with my response. I am trying to be positive and thinking if I am convincing that we still have a chance.

I would greatly appreciate any and all input on this. My mind is a jumble and it would help me so much.

I've gotta get back in here and figure out how to navigate this site again. lol. Wishing everyone the best.

Saba

Hi saba!

I am not lawyer but i will do whatever i can.Just tell ur husband "Usman" that call me and then we will dicuss it.

My Cell # 0323-4215014.

Sibtain

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Filed: Citizen (apr) Country: Ecuador
Timeline
Strange that you left a case of such a delicate nature just fly-by for 2 years.
It appeared to me (and does again, upon second reading) from the OP's second & third paragraphs that she didn't necessarily let things just fly by -- she could have been inquiring monthly or weekly or daily. These latest letters were rather recently received. Best of luck indeed, and do consult some good attorneys.

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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Filed: Timeline

You mentioned that not much had gone on with your case for 2 years...do you mean before the Notice was issued in June of this year? My understanding is that a Notice of Intent to Deny means that unless you provide them with more proof or evidence that the relationship is bonafide then the petition will be denied. However, a Notice of Intent to Revoke, I believe, means that the I-130 was approved and now evidence has come to light which creates question as to the validity of the relationship you have with the alien.

I suppose it could be a case of mistaken identity... but, there's no really delicate way to ask this, so...Are you sure your husband was not the beneficiary of another petition shortly before you married?

Hey all,

I guess it's been longer since my last visit than I thought... it's so very different! I hope everyone is getting good news on their individual cases. I may not be online much these days but you guys are always in my prayers.

Well, I need help. On June 26, 2007, our petition ( I-130) was called back to the CSC for further review (My husband, Usman, is in Kohat, Pakistan). for almost exactly 2 years absolutely nothing has happened on our case ... not even my congressman's office could get anything other than the basic "we'll get to it when we get to it" verbage.

On June 9th, 2009 they issued a notice of Intent to Revoke, giving me 30 days to submit my response. On June 18th I received a second notice, exactly like the first one but giving the due date of July 18th. Online and by phone status still make no mention of this notice being issued. Our case has had one issue after another (it was "lost" and I was informed that "technically" the USCIS didn't HAVE to process my petition at all due to a law that President Clinton passed - It was miraculously found and processed when I said I would get my congressman to inquire on the validity of that law) - Anyway.... aside from getting 2 of these notices with differing dates, there are several other problems with the reasons for their decision. It states the petition was filed by Hildegarde Chapparo on 02/24/06 - I do not know her and that is 4 months before we were even married!! They have misstated how we met and how long we knew each other before we decided to get married (they say we chatted a few months but I think nearly 2 years is a bit more than "a few months" ) They state our wedding date as 06/26/06 when we were married on 06/06/06. They go further to say that I could not describe how I met my husband or provide proof of personal correspondence -- uh, no one ever asked me anything but I do have several letters that I sent to them while trying to find out where our petition was and why it was taking so long and each one has a very detailed description of how we met and how we communicate. Of course they also include the normal things like it's not normal for a Pakistani male to marry outside his culture, family circle, religion and language ... our wedding was not big enough and it was just family... he didn't know every detail about every family member of mine.

My question is, how much worse is it that I got an intent to revoke rather than intent to deny and does anyone have any suggestions or advice? This whole thing has been so stressful and I really do not want to screw up. Usman is finding it hard to be positive and thinks that this is a final decision. My family takes this as a personal affront and have written personal letters they want me to submit with my response. I am trying to be positive and thinking if I am convincing that we still have a chance.

I would greatly appreciate any and all input on this. My mind is a jumble and it would help me so much.

I've gotta get back in here and figure out how to navigate this site again. lol. Wishing everyone the best.

Saba


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Get a good lawyer and sue USCIS. It will be very complicated to dolve this thing own your own. you have waited for a long time. You should have done it before. USCIS sucks!!

Yes, real good advice...sue the government on what grounds? Having to wait 'for a long time' is not unheard of...nor is it grounds to sue.


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Filed: IR-1/CR-1 Visa Country: China
Timeline

that's what I did.. hehe.. I was going to sue twice too.. also, I argued with their top head regarding my case.. and I better get my call-in letter in a few days, otherwise everyone there will hear it from me again.. and this time I'm not in a nice mood because everything should be done now.. also, how come you didn't do anything for two years??.. had I been doing the same thing, my case would be revoked already.. you don't seem to care about your case at all.. and before you start yelling/arguing at me, take a look at what I have done for my case.. :star: it's still not over yet.. you need to start emailing/faxing everyone and get started..

Edited by gogo

I-130 STAGE 1 : 533 days - 1 year 6 months (4/16/2007 to 9/22/2008)

Priority Date I-130 : 4/16/2007 ( 533 days , APPROVED 9/22/2008)
Transferred to local office based on "security checks" : 11/27/2007
wrote hundreds of letters - received letter from FBI Records Management Chief stating no security checks
local office interview : 2/21/2008 - brought my parents too (result : you will get approval within 2-3 weeks)

5/2/2008 - (lawsuit) Writ of Mandamus - OFFICIAL DATE (7/29/2008)
9/22/2008 - CALL AND EMAIL COPY OF APPROVAL NOTICE FROM LAWYER

NVC STAGE 2 : 99 days - 3 months (9/30/2008 to 1/7/2009)

NVC Received : 9/30/2008
Received Packet 3 (I-864/DS-230) : 11/10/2008
NVC says "RFE sent out 12/9/08 for missing documents" : 12/10/2008
CASE COMPLETE - 1/7/2009

CONSULATE STAGE 3 : 96 days - 3 months (1/8/2009 to 4/14/2009)
CLEARED CUSTOMS - 3/10/2009
**APPOINTMENT DATE : 4/14/2009, 7:15AM**
** BLUE SLIP **

AP STAGE 4 : 97 days - 3 months (4/14/2009 to 7/20/2009)
DOS call to receive I-601 (Waiver of Grounds for Inadmissibility - basically denial) from Guangzhou : 6/24/2009

REMOVAL OF I-601 due to my letters to the USCIS Director, Michael Aytes: 6/29/2009
CALL-IN LETTER NOTIFIED : 7/8/2009
CALL-IN LETTER (APPROVAL)!! : 7/16/2009
ALL DONE!! (got both GREEN CARD & SSN CARD) : 10/1/2009

"http://www.visajourney.com/forums/topic/194075-feel-like-a-cr-1-csc-castaway/page-60" (pages 53-63) for more updates and letter I wrote to Director Michael Aytes and his replies and back and forth..

HER PARENTS - 10 months so far

I-130 Sent In : 1/7/2013

I-130 Approval : 3/28/2013

Transfer to NVC : 6/12/2013

Case Complete : 8/25/2013

"Ready for Interview" (Ready to wait for 1-3 Months, this is official NVC letter transfer date) : 9/9/2013

DHL Tracking : arrived 9/24/2013

P4 Letter : 11/21/2013

Interview Date : 12/9/2013, originally 12/3, stupid lawyer filled out her dad's passport number wrong..

Interview Passed : 12/9/2013

Visa "Issued" on CEAC : 12/10/2013

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Filed: IR-1/CR-1 Visa Country: China
Timeline

I-130 STAGE 1 : 533 days - 1 year 6 months (4/16/2007 to 9/22/2008)

Priority Date I-130 : 4/16/2007 ( 533 days , APPROVED 9/22/2008)
Transferred to local office based on "security checks" : 11/27/2007
wrote hundreds of letters - received letter from FBI Records Management Chief stating no security checks
local office interview : 2/21/2008 - brought my parents too (result : you will get approval within 2-3 weeks)

5/2/2008 - (lawsuit) Writ of Mandamus - OFFICIAL DATE (7/29/2008)
9/22/2008 - CALL AND EMAIL COPY OF APPROVAL NOTICE FROM LAWYER

NVC STAGE 2 : 99 days - 3 months (9/30/2008 to 1/7/2009)

NVC Received : 9/30/2008
Received Packet 3 (I-864/DS-230) : 11/10/2008
NVC says "RFE sent out 12/9/08 for missing documents" : 12/10/2008
CASE COMPLETE - 1/7/2009

CONSULATE STAGE 3 : 96 days - 3 months (1/8/2009 to 4/14/2009)
CLEARED CUSTOMS - 3/10/2009
**APPOINTMENT DATE : 4/14/2009, 7:15AM**
** BLUE SLIP **

AP STAGE 4 : 97 days - 3 months (4/14/2009 to 7/20/2009)
DOS call to receive I-601 (Waiver of Grounds for Inadmissibility - basically denial) from Guangzhou : 6/24/2009

REMOVAL OF I-601 due to my letters to the USCIS Director, Michael Aytes: 6/29/2009
CALL-IN LETTER NOTIFIED : 7/8/2009
CALL-IN LETTER (APPROVAL)!! : 7/16/2009
ALL DONE!! (got both GREEN CARD & SSN CARD) : 10/1/2009

"http://www.visajourney.com/forums/topic/194075-feel-like-a-cr-1-csc-castaway/page-60" (pages 53-63) for more updates and letter I wrote to Director Michael Aytes and his replies and back and forth..

HER PARENTS - 10 months so far

I-130 Sent In : 1/7/2013

I-130 Approval : 3/28/2013

Transfer to NVC : 6/12/2013

Case Complete : 8/25/2013

"Ready for Interview" (Ready to wait for 1-3 Months, this is official NVC letter transfer date) : 9/9/2013

DHL Tracking : arrived 9/24/2013

P4 Letter : 11/21/2013

Interview Date : 12/9/2013, originally 12/3, stupid lawyer filled out her dad's passport number wrong..

Interview Passed : 12/9/2013

Visa "Issued" on CEAC : 12/10/2013

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gogo, really this is a completely different situation that the one you faced. the OP is facing an issue post-interview. your difficulties started from the very beginning, even before petition approval. From what she states, she did do something....she got her senators involved. It may not have been as active an involvement as yours, but I don't think its fair to say to the OP that she does not "seem to care about [her] case at all.." Everybody has different ways of navigating their visa journey....there's no 'right' way to do it, nor is there a prize for being "the most in your face to USCIS".


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