I-129F taking tooo long

[LC2016 15]

Hi I'm new here and have a couple of questions. First, I'm going to describe my situation. We thought we would play it safe and hire a lawyer (regretting it now) so we file the I-129F around the end of Nov. 2008, got the NOA 1 around Jan. 15 2009 (from lawyer). Then in May of 2009 I got a request for proof of evidence. which they gave me to the 13th of June to have it submitted. Well, it like September and I haven't heard anything from anyone. My question is, is anyone else having this kind of problems or is it just me. I have tried calling the 888 # and they tell me to give them 60 days to look over my freaking case. I mean give me a freaking break its been almost a year, and he's still not able to come home.

Also I received a I-797C first, then an I-797 (which is where they wanted proof we'd been togather for 2 yrs). Is this normal or what? Please help.....

Thanks in advance.

[JimVaPhuong 4,863]

Hi I'm new here and have a couple of questions. First, I'm going to describe my situation. We thought we would play it safe and hire a lawyer (regretting it now) so we file the I-129F around the end of Nov. 2008, got the NOA 1 around Jan. 15 2009 (from lawyer). Then in May of 2009 I got a request for proof of evidence. which they gave me to the 13th of June to have it submitted. Well, it like September and I haven't heard anything from anyone. My question is, is anyone else having this kind of problems or is it just me. I have tried calling the 888 # and they tell me to give them 60 days to look over my freaking case. I mean give me a freaking break its been almost a year, and he's still not able to come home.

Also I received a I-797C first, then an I-797 (which is where they wanted proof we'd been togather for 2 yrs). Is this normal or what? Please help.....

Thanks in advance.

Before I accuse your attorney of being a useless f*up who took your money and botched your petition, I have to ask... were you completely open and honest about everything with your attorney? He should have asked you a lot of questions. For example, he should have asked about the criminal record of the petitioner, or if the petitioner has filed any visa petitions before. If you didn't answer honestly, then these things could cause the adjudicator to request more evidence, and cause serious delays in processing your petition.

Presuming you answered all of your attorney's questions honestly and completely, then your attorney is worthless. The fact that you got an RFE means evidence was needed but not included with the original petition. Any decent attorney should have recognized this before sending the petition. Either he wasn't competent enough to know, or didn't ask the right questions to find out, or simply didn't spend enough time on your case and didn't care. Unfortunately, now you have to suffer the consequences. There's not much you can do other than wait, and hope he didn't screw it up so badly that it ends up causing more delays at the consulate, or possibly even a denial of your visa.

[illnevergetthis 5]

I had gotten a Request for additional evidence on my I130 and it took USCIS three months to send me an approval after I sent in all of the requested evidence.

I always mark the date that they tell me I will hear something. If I don't hear anything by that date, I am on the phone again...that day.

Did someone on the phone give you the 60 day mark or was it something that they emailed or mailed you? If you received this and you said it has been more than 60 days, call USCIS and ask them to do a service request.

It should have been something like this...

The last processing action taken on your case

Receipt Number: WACXXXXXXXX

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Response to request for evidence received, and case processing has resumed.

On August 20, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

I hope that you get some answers soon!!

[LC2016 15]

Hi I'm new here and have a couple of questions. First, I'm going to describe my situation. We thought we would play it safe and hire a lawyer (regretting it now) so we file the I-129F around the end of Nov. 2008, got the NOA 1 around Jan. 15 2009 (from lawyer). Then in May of 2009 I got a request for proof of evidence. which they gave me to the 13th of June to have it submitted. Well, it like September and I haven't heard anything from anyone. My question is, is anyone else having this kind of problems or is it just me. I have tried calling the 888 # and they tell me to give them 60 days to look over my freaking case. I mean give me a freaking break its been almost a year, and he's still not able to come home.

Also I received a I-797C first, then an I-797 (which is where they wanted proof we'd been togather for 2 yrs). Is this normal or what? Please help.....

Thanks in advance.

Before I accuse your attorney of being a useless f*up who took your money and botched your petition, I have to ask... were you completely open and honest about everything with your attorney? He should have asked you a lot of questions. For example, he should have asked about the criminal record of the petitioner, or if the petitioner has filed any visa petitions before. If you didn't answer honestly, then these things could cause the adjudicator to request more evidence, and cause serious delays in processing your petition.

Presuming you answered all of your attorney's questions honestly and completely, then your attorney is worthless. The fact that you got an RFE means evidence was needed but not included with the original petition. Any decent attorney should have recognized this before sending the petition. Either he wasn't competent enough to know, or didn't ask the right questions to find out, or simply didn't spend enough time on your case and didn't care. Unfortunately, now you have to suffer the consequences. There's not much you can do other than wait, and hope he didn't screw it up so badly that it ends up causing more delays at the consulate, or possibly even a denial of your visa.

Well, I have to admit that he (our attorney) did take about 3 hours when talking to us on how to file, which I most def. appreciate. In our case I'm the petitioner and I don't have a criminal background except maybe for doing a "rolling stop" which I only got a warning,and no I have never filed another visa application for anyone else and well he's never been petitioned for by anyone except by me. Also , we have pretty much giving up all hopes on this, I know that we have to have a ####### load of patience and faith but geez I would really love for him to spend Christmas with me this year. So does that mean that he's approved or are we still waiting for an approval? This whole process is very confusing to me, thanks for all your help and hopefully everything will work out for the best.

[LC2016 15]

I had gotten a Request for additional evidence on my I130 and it took USCIS three months to send me an approval after I sent in all of the requested evidence.

I always mark the date that they tell me I will hear something. If I don't hear anything by that date, I am on the phone again...that day.

Did someone on the phone give you the 60 day mark or was it something that they emailed or mailed you? If you received this and you said it has been more than 60 days, call USCIS and ask them to do a service request.

It should have been something like this...

The last processing action taken on your case

Receipt Number: WACXXXXXXXX

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Response to request for evidence received, and case processing has resumed.

On August 20, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

I hope that you get some answers soon!!

Thanks! If actually said it in the letter where is asks for more evidence, to please give them 60 days, also when I called to get a service request they too told me to wait 60 days, which by my calculations should be in the middle of October. As you can see I don't have alot of patience but I'm working on that. lol....thanks again

[Hell0W0rld 10]

Hi I'm new here and have a couple of questions. First, I'm going to describe my situation. We thought we would play it safe and hire a lawyer (regretting it now) so we file the I-129F around the end of Nov. 2008, got the NOA 1 around Jan. 15 2009 (from lawyer). Then in May of 2009 I got a request for proof of evidence. which they gave me to the 13th of June to have it submitted. Well, it like September and I haven't heard anything from anyone. My question is, is anyone else having this kind of problems or is it just me. I have tried calling the 888 # and they tell me to give them 60 days to look over my freaking case. I mean give me a freaking break its been almost a year, and he's still not able to come home.

Also I received a I-797C first, then an I-797 (which is where they wanted proof we'd been togather for 2 yrs). Is this normal or what? Please help.....

Thanks in advance.

Before I accuse your attorney of being a useless f*up who took your money and botched your petition, I have to ask... were you completely open and honest about everything with your attorney? He should have asked you a lot of questions. For example, he should have asked about the criminal record of the petitioner, or if the petitioner has filed any visa petitions before. If you didn't answer honestly, then these things could cause the adjudicator to request more evidence, and cause serious delays in processing your petition.

Presuming you answered all of your attorney's questions honestly and completely, then your attorney is worthless. The fact that you got an RFE means evidence was needed but not included with the original petition. Any decent attorney should have recognized this before sending the petition. Either he wasn't competent enough to know, or didn't ask the right questions to find out, or simply didn't spend enough time on your case and didn't care. Unfortunately, now you have to suffer the consequences. There's not much you can do other than wait, and hope he didn't screw it up so badly that it ends up causing more delays at the consulate, or possibly even a denial of your visa.

Well, I have to admit that he (our attorney) did take about 3 hours when talking to us on how to file, which I most def. appreciate. In our case I'm the petitioner and I don't have a criminal background except maybe for doing a "rolling stop" which I only got a warning,and no I have never filed another visa application for anyone else and well he's never been petitioned for by anyone except by me. Also , we have pretty much giving up all hopes on this, I know that we have to have a ####### load of patience and faith but geez I would really love for him to spend Christmas with me this year. So does that mean that he's approved or are we still waiting for an approval? This whole process is very confusing to me, thanks for all your help and hopefully everything will work out for the best.

if they gave you an RFE (Request for Evidence) that means you are not approved yet, once you submit the evidence they are requesting, it could take a few weeks or even a few months for them to get back to you with their decision.

[JimVaPhuong 4,863]

Well, I have to admit that he (our attorney) did take about 3 hours when talking to us on how to file, which I most def. appreciate. In our case I'm the petitioner and I don't have a criminal background except maybe for doing a "rolling stop" which I only got a warning,and no I have never filed another visa application for anyone else and well he's never been petitioned for by anyone except by me. Also , we have pretty much giving up all hopes on this, I know that we have to have a ####### load of patience and faith but geez I would really love for him to spend Christmas with me this year. So does that mean that he's approved or are we still waiting for an approval? This whole process is very confusing to me, thanks for all your help and hopefully everything will work out for the best.

No, this doesn't mean you're approved. It's good that your attorney spent 3 hours talking to you. Hopefully, he asked all the necessary questions, and the answers for most of them were "no".

A fiance/e visa petition is reasonably straightforward if there are no complications, like a criminal history or previous filings that would require an IMBRA waiver. You just need to provide the appropriate evidence to prove that you're a US citizen, you and your fiance have met within the past two years, both of you are eligible to marry, and both of you intend to marry. Other than that, it's just a matter of filling out the correct forms. In fact, it's so easy once you understand what's needed that there are petition filing services that charge only a few hundred dollars to file a petition for you, and actually guarantee you'll get approved. As long as they do the paperwork properly, the odds of getting an approval from USCIS are so overwhelmingly in their favor that they know they'll only have to give a small number of refunds for denied petitions.

The fact that you got an RFE means your attorney missed something, but the adjudicator at USCIS caught it. What specifically was the RFE for, and what did you submit in response?

[LC2016 15]

Well, I have to admit that he (our attorney) did take about 3 hours when talking to us on how to file, which I most def. appreciate. In our case I'm the petitioner and I don't have a criminal background except maybe for doing a "rolling stop" which I only got a warning,and no I have never filed another visa application for anyone else and well he's never been petitioned for by anyone except by me. Also , we have pretty much giving up all hopes on this, I know that we have to have a ####### load of patience and faith but geez I would really love for him to spend Christmas with me this year. So does that mean that he's approved or are we still waiting for an approval? This whole process is very confusing to me, thanks for all your help and hopefully everything will work out for the best.

No, this doesn't mean you're approved. It's good that your attorney spent 3 hours talking to you. Hopefully, he asked all the necessary questions, and the answers for most of them were "no".

A fiance/e visa petition is reasonably straightforward if there are no complications, like a criminal history or previous filings that would require an IMBRA waiver. You just need to provide the appropriate evidence to prove that you're a US citizen, you and your fiance have met within the past two years, both of you are eligible to marry, and both of you intend to marry. Other than that, it's just a matter of filling out the correct forms. In fact, it's so easy once you understand what's needed that there are petition filing services that charge only a few hundred dollars to file a petition for you, and actually guarantee you'll get approved. As long as they do the paperwork properly, the odds of getting an approval from USCIS are so overwhelmingly in their favor that they know they'll only have to give a small number of refunds for denied petitions.

The fact that you got an RFE means your attorney missed something, but the adjudicator at USCIS caught it. What specifically was the RFE for, and what did you submit in response?

Actually I got an I-797 and with it came the please send proof that we have been togather from Dec 2,2006 to Dec 2, 2008. It said I could send letters from friends, our church pastor, pictures of us togather, ummm.....if I have been to see him bus tickets or plane as well as phone records emails letters. When we sent the I-129F we also sent copies of my birth certificate and his translated since it was from Mexico. We also both sign an intent to marry letter as soon as he comes into the USA.

[Gary and Alla 3,694]

Well, I have to admit that he (our attorney) did take about 3 hours when talking to us on how to file, which I most def. appreciate. In our case I'm the petitioner and I don't have a criminal background except maybe for doing a "rolling stop" which I only got a warning,and no I have never filed another visa application for anyone else and well he's never been petitioned for by anyone except by me. Also , we have pretty much giving up all hopes on this, I know that we have to have a ####### load of patience and faith but geez I would really love for him to spend Christmas with me this year. So does that mean that he's approved or are we still waiting for an approval? This whole process is very confusing to me, thanks for all your help and hopefully everything will work out for the best.

No, this doesn't mean you're approved. It's good that your attorney spent 3 hours talking to you. Hopefully, he asked all the necessary questions, and the answers for most of them were "no".

A fiance/e visa petition is reasonably straightforward if there are no complications, like a criminal history or previous filings that would require an IMBRA waiver. You just need to provide the appropriate evidence to prove that you're a US citizen, you and your fiance have met within the past two years, both of you are eligible to marry, and both of you intend to marry. Other than that, it's just a matter of filling out the correct forms. In fact, it's so easy once you understand what's needed that there are petition filing services that charge only a few hundred dollars to file a petition for you, and actually guarantee you'll get approved. As long as they do the paperwork properly, the odds of getting an approval from USCIS are so overwhelmingly in their favor that they know they'll only have to give a small number of refunds for denied petitions.

The fact that you got an RFE means your attorney missed something, but the adjudicator at USCIS caught it. What specifically was the RFE for, and what did you submit in response?

Actually I got an I-797 and with it came the please send proof that we have been togather from Dec 2,2006 to Dec 2, 2008. It said I could send letters from friends, our church pastor, pictures of us togather, ummm.....if I have been to see him bus tickets or plane as well as phone records emails letters. When we sent the I-129F we also sent copies of my birth certificate and his translated since it was from Mexico. We also both sign an intent to marry letter as soon as he comes into the USA.

All notices are "I-797" or "I-797C" There is no such thing as an "NOA1" per se, that is "VJ speak" You are still waiting but I cannot say why. You have an attorney, you paid for that mistake, have him do his job and get after them.

[thongd4me 69]

I had gotten a Request for additional evidence on my I130 and it took USCIS three months to send me an approval after I sent in all of the requested evidence.

I always mark the date that they tell me I will hear something. If I don't hear anything by that date, I am on the phone again...that day.

Did someone on the phone give you the 60 day mark or was it something that they emailed or mailed you? If you received this and you said it has been more than 60 days, call USCIS and ask them to do a service request.

It should have been something like this...

The last processing action taken on your case

Receipt Number: WACXXXXXXXX

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Response to request for evidence received, and case processing has resumed.

On August 20, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

I hope that you get some answers soon!!

Thanks! If actually said it in the letter where is asks for more evidence, to please give them 60 days, also when I called to get a service request they too told me to wait 60 days, which by my calculations should be in the middle of October. As you can see I don't have alot of patience but I'm working on that. lol....thanks again

Hmmm. Jim gave a very good reply. That being said, talking to you for 3 hours wouldn't necessarily prepare you for the details that you have to cover in your Visa Journey.

You might not have seen the forest because there were too many trees and some were important and others less so.

That's why it might have been better for the honorable belly-up-to-the-bar shyster to give you a checklist, much like one you

can find on VJ for free: VJ guide for K-1

Why furnish you with essential substance when he can dazzle you with bullshit and then come back and say,

"Oh, you didn't follow my instructions!"

Meanwhile, you may be thinking "Oh I better let him take care of the details because he made it sound so complicated."

I don't mean to be totally cynical but at some point you have to take charge, with or without the lawyer.

VJ is here to help.

[LC2016 15]

Well, I have to admit that he (our attorney) did take about 3 hours when talking to us on how to file, which I most def. appreciate. In our case I'm the petitioner and I don't have a criminal background except maybe for doing a "rolling stop" which I only got a warning,and no I have never filed another visa application for anyone else and well he's never been petitioned for by anyone except by me. Also , we have pretty much giving up all hopes on this, I know that we have to have a ####### load of patience and faith but geez I would really love for him to spend Christmas with me this year. So does that mean that he's approved or are we still waiting for an approval? This whole process is very confusing to me, thanks for all your help and hopefully everything will work out for the best.

No, this doesn't mean you're approved. It's good that your attorney spent 3 hours talking to you. Hopefully, he asked all the necessary questions, and the answers for most of them were "no".

A fiance/e visa petition is reasonably straightforward if there are no complications, like a criminal history or previous filings that would require an IMBRA waiver. You just need to provide the appropriate evidence to prove that you're a US citizen, you and your fiance have met within the past two years, both of you are eligible to marry, and both of you intend to marry. Other than that, it's just a matter of filling out the correct forms. In fact, it's so easy once you understand what's needed that there are petition filing services that charge only a few hundred dollars to file a petition for you, and actually guarantee you'll get approved. As long as they do the paperwork properly, the odds of getting an approval from USCIS are so overwhelmingly in their favor that they know they'll only have to give a small number of refunds for denied petitions.

The fact that you got an RFE means your attorney missed something, but the adjudicator at USCIS caught it. What specifically was the RFE for, and what did you submit in response?

Actually I got an I-797 and with it came the please send proof that we have been togather from Dec 2,2006 to Dec 2, 2008. It said I could send letters from friends, our church pastor, pictures of us togather, ummm.....if I have been to see him bus tickets or plane as well as phone records emails letters. When we sent the I-129F we also sent copies of my birth certificate and his translated since it was from Mexico. We also both sign an intent to marry letter as soon as he comes into the USA.

All notices are "I-797" or "I-797C" There is no such thing as an "NOA1" per se, that is "VJ speak" You are still waiting but I cannot say why. You have an attorney, you paid for that mistake, have him do his job and get after them.

I have called him and trust me I've called them more than I call my mom. lol....all that he can say is "we just have to wait and be patient". Which don't get me wrong I'm getting freaking sick and tired of hearing the same s**t.

[illnevergetthis 5]

They told you to give them the 60 days, so if you haven't heard anything in 60 days, then call them.

It is hard to say why they send out some of the RFE's that they do. I don't think that all of them can be anticipated. You sent what the asked for, so give them their 60 days. My husband nor I have any criminal activity. The only US visa he had previously applied for was a visitors visa; which he got. We got an RFE for additional evidence too. It's ok, it happens. I know that it is depressing, but hopefully it won't be much longer.

I guess what I'm trying to say is…try to relax and then call them that day in October, if you haven't heard from them. Hopefully you will have.

[LC2016 15]

They told you to give them the 60 days, so if you haven't heard anything in 60 days, then call them.

It is hard to say why they send out some of the RFE's that they do. I don't think that all of them can be anticipated. You sent what the asked for, so give them their 60 days. My husband nor I have any criminal activity. The only US visa he had previously applied for was a visitors visa; which he got. We got an RFE for additional evidence too. It's ok, it happens. I know that it is depressing, but hopefully it won't be much longer.

I guess what I'm trying to say is…try to relax and then call them that day in October, if you haven't heard from them. Hopefully you will have.

Ok so I finally too some advice and emailed our state Senator maybe she can shine some light in our direction...otherwise like most of you have said all I can do is wait it out. However when we do our AOS I don't think we will be hiring THIS lawyer, however now that I have you guys I don't think that will be necessary.

Thanks my VJ family for all your help and support.