Major Problems with USCIS - anyone else?

[TracyTN 237]

They may be able to expedite all the way through if your senator or congressperson would be willing to be involved as well. You shouldn't have to pay for their incompetence (IMHO).

[CaMic 0]

maybe I'm niaive, but I'd have thought they would OFFER to expedite a new application since 1) it's their fault and 2) they've been fobbing my fiance off since January over the phone instead of just telling us and letting us get a new application together.

[TracyTN 237]

maybe I'm niaive, but I'd have thought they would OFFER to expedite a new application since 1) it's their fault and 2) they've been fobbing my fiance off since January over the phone instead of just telling us and letting us get a new application together.

HA!! That is expecting too much of USCIS! Honestly though I think there are just so many applications in the pipeline that their wittle brains can't handle it.

[sachinky 465]

OP, I'm truly sorry about your situation. I don't really have advice. But I do want to offer my sympathies. I can imagine how hard this is on you.

[CaMic 0]

thanks sachinky and TracyTN

[az110965 252]

"Originally sent our K1 packet on 10thNovember, received at Vermont around 16th November. Returned for 'incomplete documents' around 20th December because fiance's divorce paper wasn't certified. Returned all that before Christmas, not sure when it was received though. Called USCIS helpline on 14th January and were told NOA1 was being sent out. Early February my fiance received someone else's NAO1 with the same exact name, except they were from Arizona. My fiance called USCIS and was told to return it, his had gone to the guy in Arizona and would be sent out again once it was received back. Then the bad weather happened. He called last week and was told our packet had never been returned and they were going to assign a new number if the packet was not received that day from the guy in Arizona. He called again Wednesday and was told our packet had been received at last and they were going to check it and assign a new number - and would put a rush on it, call back later. He called back on Thursday to get the case number and was told to call back later, same on Friday. So, from 10th November to 27th February we still have no NOA1 and have no idea if our application is progressing at all or if it's still at the bottom of the pile".

CaMic -

I've read this thread from the day you started the post and have waited to see what the outcome was. I had hoped by now that you'd have some resolution and I'm really sorry that things have gone so badly for you.

That being said - There were parts of your post I wanted to address. I'm not accusing your fiancee of anything - I don't know the man, but there are just parts of what you're being told that make no sense...

First of all, your fiancee supposedly filed the I-129F on or about 10 November to the VSC and on the 20th December, the petition was returned for incomplete documents... VSC would have accepted the petition and issued an RFE for the missing divorce documents further down the road. When the package is accepted into the mail room at VSC, all that is looked at is that there are signatures on the I-129F and that the proper remittance is attached. Then the check/money order is seperated from the petiton and the check is presented for payment at the bank. A I-797 (NOA1) is generated at that time to show receipt of your petiton. It would have been during the adjudication step at VSC that it was discovered your fiancee had not included his certified divorce decree and a RFE issued.

So, if the petition actually made it to VSC when your fiancee told you he sent it, then the check would have been cashed. On the back of the check is the case number (starts with EAC************ for VSC filings). If what your fiancee said was true, then he could have merely called his bank, obtained a copy of the cancelled check and you could have checked the status of your petition via www.USCIS.Gov and signed up there for updates.

Now the VSC is saying to your fiancee that they misplaced your petition? Every petition is barcoded and scanned EVERY time a human being moves it at all. The system knows who the last person was to touch your file, what drawer it was stuffed into and it's a relatively easy process for VSC to track it's wareabouts.

As I said before, I'm not trying to cast doubts on your fiancee's sincerity, but what your being told by him makes no sense. If he mailed the petition on the date he said the NOA1 would have been issued fairly quickly. A petiton would not be sent back for a missing divorce decree (a RFE is issued). The only time I know of when petitons are returned is when there is no payment attatched or when there are missing signatures on the I-129F. Heck - they will even process files without signatures on the G-325A (they'll just have you sign it at the time of the interview)...

I recommend you might have a heart to heart talk with your fiancee and see if perhaps there is a part of this that he's "forgotten" to tell you. It just doesn't add up and I think perhaps you might have been misinformed by him.

I wish you the best of luck and hope that I haven't offended you by my doubts in this situation.

Alan

[CaMic 0]

az110965 no offence taken at all. I did question the situation with the divorce decree as I knew it should have been an RFE but my fiance told me that a clerk was reviewing all files before submission to ensure that they were complete before being passed on for adjudication in an attempt to speed up the processing times. Yes there are other things that irk me about the situation. He was supposedly given a case number over the telephone at one point and he promptly lost this (before ever getting to check it online), he'd sent a bank draft (or whatever the equivalent is) as he doesn't have a chequebook so that didn't help tracking things. When he phoned back to get the number again, he was told the NAO1 had been sent but not actually told the number, any time he called back after that he was told to call back later. I was curious as to how the USCIS could send one "John Doe's" document to another "John Doe" in an different state and vice versa. I just don't know. It's very frustrating indeed that the USCIS will only talk to the sponsor and not the beneficiary. I'm really confused to be honest.

[az110965 252]

az110965 no offence taken at all. I did question the situation with the divorce decree as I knew it should have been an RFE but my fiance told me that a clerk was reviewing all files before submission to ensure that they were complete before being passed on for adjudication in an attempt to speed up the processing times. Yes there are other things that irk me about the situation. He was supposedly given a case number over the telephone at one point and he promptly lost this (before ever getting to check it online), he'd sent a bank draft (or whatever the equivalent is) as he doesn't have a chequebook so that didn't help tracking things. When he phoned back to get the number again, he was told the NAO1 had been sent but not actually told the number, any time he called back after that he was told to call back later. I was curious as to how the USCIS could send one "John Doe's" document to another "John Doe" in an different state and vice versa. I just don't know. It's very frustrating indeed that the USCIS will only talk to the sponsor and not the beneficiary. I'm really confused to be honest.

CaMic,

Well, I'm glad you're not offended (it's really not my intention)...

Ok - first of all, no "clerk" looks at the petiton when it arrives it VSC. It is received into the mailroom and the payment i seperated from the petition. The petition is inserted into it's own folder with a barcode and filed in a box with all other petitions received that day. The only time your petiton is "looked at" is when assigned to an adjudicator. The adjudicator makes the determination that something is missing and the proper RFE is sent to the petitioner. Also - a case number is not given over the phone by USCIS to anyone - they'd make your fiancee request it in writing - it's a privacy issue. There is just something fishy about what your fiancee is telling you.

If in fact your fiancee had paid with a bank draft (which usually means a certified check), he can go to the bank that issued the check, get a copy of the back of it and viola - there is your case number. If he paid with a money order, he can contact the institution where he purchased the money order at and also ascertain the case number.

If you can find out where your fiancee supposedly purchased the money order or the cashier's check you can be your own detective. While the USCIS might not talk to you (the beneficiary), YOU can go online and create an online account to track the status of the petition at WWW.USCIS.GOV...

Like I said, there are just too many inconsistencies with what you're being told - things that just don't add up. Even if they had supposedly sent YOUR NOA1 to another person with the same mane it would have no bearing on YOUR petition. Your file would have been continued to be processed and by now you'd have your NOA2.

I really hope you foind out what truly is happening, I thnk youi deserve to know the truth. Seems like perhaps there are issues you're not being told about here.

Alan

[AleandIlse 0]

I just want to thank Tractm for the great links on her post, very helpful, thank you

Edited March 9, 2010 by AleandIlse

[Rebecca Jo 1,962]

The issuance of an NOA1 is not necessary to start processing on a case. USCIS is in error. It is not an error of consequence to the processing of the case. The OP is free to smash their heads against as many walls as they like, it simply isn't necessary.

[menina 50]

Wow! I can't believe you have been through all that! What are the chances of someone with the same name as your fiancee filing a petition around the same time? Does he have a common name? I have heard of paperwork being sent to the wrong petitioner or accidentally included in another person's envelope, so I can see it possibly happening, but I do tend to agree with the other posters that something is really strange here. Of course if it is USCIS's fault, they should make things right, but unfortunately, it seems that they usually blame the petitioner rather than take responsibility. I hope that you can get things worked out quickly. Best wishes to you.

[CaMic 0]

Wow! I can't believe you have been through all that! What are the chances of someone with the same name as your fiancee filing a petition around the same time? Does he have a common name? I

He has a VERY common name. I have a much less common/typical name and there were two of 'me' at Aberdeen University at the same time so I guess two people with a common name applying to the USCIS on the same day is possible.

[TracyTN 237]

I just want to thank Tractm for the great links on her post, very helpful, thank you

Is that meant for me? LOL

If so - you're welcome!!