K3 Process - A Nightmare So Far... Any Advice?

[Yilun 0]

Hi All,

Long time reader, first time poster.

My wife and I have been going through a nightmarish process so far regarding the Spouse visa.

USCIS initially gave me somewhat "false" information saying that as long as my wife is able to enter the U.S. with a "valid and legal" visa, that we would be able to get married in the States and she could remain here while we apply for her adjustment of status and permanent residence. Obviously, that wasn't entirely correct. And having never gone through this process before, I underestimated the complexity of the situation.

My wife came on a tourist visa and was detained at immigration. They told me that regardless of what the USCIS told me or how I interpreted it, they were not allowed to let my wife in if she was intending to immigrate. (At the time we were not married yet). They held her at the SFO airport and promptly turned her around on a flight back to S. Korea. It was a very traumatic experience for her and I. Obviously, had I known this would have happened or there was so much risk, I would have never risked it. When asked, USCIS ignored all responsibility or refused to help because they said they are not responsible for the "advice" that a single representative gave us and how we acted upon that advice.

This was almost one year ago now in October of 2009. I immediately flew back to S. Korea to get married with my wife (I am a U.S. citizen). I then immediately submitted the I-130 spouse visa application. I waited a long, grueling 5 months for USCIS to finally approve my case. I proceeded to fill out the information required by the NVC and ultimately the DS-230 visa application form on behalf of my wife and sent it in. This was received by the NVC on April 26, 2010.

NVC then proceeded to LOSE some of my paperwork. 1) Original Marriage Certificate, 2) Original Birth Certificate, and 3) my wife's Original Criminal History Records. They told me there was nothing they can do except submit a "review" of my case documents. Unfortunately, that would take 2-4 weeks and potentially they could still be unable to find it. Instead of taking that risk of wasting that much time, I decided to procure the original documents again and RESEND them in just to save time and to make SURE that they would get it this time.

Well, the mail was finally received by NVC on May 25, 2010. I had already missed the May interview scheduling window for that month. Due to delays, the NVC did not scan my documents and update my case officially until June 2, 2010. Now they are telling me it will take another 2-4 weeks at least for them to review my case. This implies that I will miss the June interview scheduling window. Therefore, the earliest I can get scheduled for an interview is July, which means the earliest my interview date can be is in August.

I've checked around the profiles on this site and I must admit, almost NO couple have been subjected to such a LONG wait time for a simple interview is there? I cannot believe that the NVC has taken SUCH a long time to schedule an interview for my wife and I. We've been patiently waiting and have been absolutely derailed by the delays caused by the NVC with no end in sight. We're waiting on 7 weeks and counting now for an interview still.

I feel like we're at the last hump of our journey and we can't overcome it. It's been a nightmare to be apart from my wife for nearly 9 months now... I feel like the NVC or the entire process in general is really ineffective and insensitive to the stress, heartache, and anxiety that it causes a legitimate couple to suffer through. Unfortunately, we are powerless to do anything about it.

As you can imagine, this has been a long and arduous process for my wife and I and it keeps getting worse and worse...

Can anyone who has gone through this process give me some words of wisdom or advice? Perhaps a way that I can contact someone for help?

[pushbrk 12,979]

Hi All,

Long time reader, first time poster.

My wife and I have been going through a nightmarish process so far regarding the Spouse visa.

USCIS initially gave me somewhat "false" information saying that as long as my wife is able to enter the U.S. with a "valid and legal" visa, that we would be able to get married in the States and she could remain here while we apply for her adjustment of status and permanent residence. Obviously, that wasn't entirely correct. And having never gone through this process before, I underestimated the complexity of the situation.

My wife came on a tourist visa and was detained at immigration. They told me that regardless of what the USCIS told me or how I interpreted it, they were not allowed to let my wife in if she was intending to immigrate. (At the time we were not married yet). They held her at the SFO airport and promptly turned her around on a flight back to S. Korea. It was a very traumatic experience for her and I. Obviously, had I known this would have happened or there was so much risk, I would have never risked it. When asked, USCIS ignored all responsibility or refused to help because they said they are not responsible for the "advice" that a single representative gave us and how we acted upon that advice.

This was almost one year ago now in October of 2009. I immediately flew back to S. Korea to get married with my wife (I am a U.S. citizen). I then immediately submitted the I-130 spouse visa application. I waited a long, grueling 5 months for USCIS to finally approve my case. I proceeded to fill out the information required by the NVC and ultimately the DS-230 visa application form on behalf of my wife and sent it in. This was received by the NVC on April 26, 2010.

NVC then proceeded to LOSE some of my paperwork. 1) Original Marriage Certificate, 2) Original Birth Certificate, and 3) my wife's Original Criminal History Records. They told me there was nothing they can do except submit a "review" of my case documents. Unfortunately, that would take 2-4 weeks and potentially they could still be unable to find it. Instead of taking that risk of wasting that much time, I decided to procure the original documents again and RESEND them in just to save time and to make SURE that they would get it this time.

Well, the mail was finally received by NVC on May 25, 2010. I had already missed the May interview scheduling window for that month. Due to delays, the NVC did not scan my documents and update my case officially until June 2, 2010. Now they are telling me it will take another 2-4 weeks at least for them to review my case. This implies that I will miss the June interview scheduling window. Therefore, the earliest I can get scheduled for an interview is July, which means the earliest my interview date can be is in August.

I've checked around the profiles on this site and I must admit, almost NO couple have been subjected to such a LONG wait time for a simple interview is there? I cannot believe that the NVC has taken SUCH a long time to schedule an interview for my wife and I. We've been patiently waiting and have been absolutely derailed by the delays caused by the NVC with no end in sight. We're waiting on 7 weeks and counting now for an interview still.

I feel like we're at the last hump of our journey and we can't overcome it. It's been a nightmare to be apart from my wife for nearly 9 months now... I feel like the NVC or the entire process in general is really ineffective and insensitive to the stress, heartache, and anxiety that it causes a legitimate couple to suffer through. Unfortunately, we are powerless to do anything about it.

As you can imagine, this has been a long and arduous process for my wife and I and it keeps getting worse and worse...

Can anyone who has gone through this process give me some words of wisdom or advice? Perhaps a way that I can contact someone for help?

August sounds a lot better than September, October, or November to me. There's really not anything you can do but wait for NVC to tell you when the interview date is.

The good news is this will NOT be an interview for a K3 visa. It would be for CR1.

Edited June 8, 2010 by pushbrk

[Darnell 8,478]

One thing always available at NVC -

ask for a supervisor -

then ask the supervisor to request an 'eyeball review' of the documents.

The supervisor then puts out the request to the adjudication 'team' .

IMO, incoming stuff is always delayed, as the 'stuff' winds its way through mailroom operations, then to the review team, then it gets into some queue, then there's the clerk's desk queue, as well.

Making that phone call, asking for eyeball review, is important, IMO.

*** moving to CR-1 forum, is not about the K-3 visa, is no NVC 'ops' for K-3 ***

[childress_london 3]

I'm wondering why you didn't send copies instead of originals? Unless they have changed something, you can send copies (and they even recommend it) and show the originals at your interview. USCIS loses stuff all the time. No surprise there. And we didn't have our interview for K3 until one month after our one year wedding anniversary (This is average from what I see). So just hang in there, it's a long process filled with frustration. And next time, send copies if they are acceptable.

[OBX 51]

I'm wondering why you didn't send copies instead of originals? Unless they have changed something, you can send copies (and they even recommend it) and show the originals at your interview. USCIS loses stuff all the time. No surprise there. And we didn't have our interview for K3 until one month after our one year wedding anniversary (This is average from what I see). So just hang in there, it's a long process filled with frustration. And next time, send copies if they are acceptable.

I believe the OP posted that it was NVC that lost the original documents. Photocopies are sufficient for USCIS but NVC does require originals or certified copies.

As far as waiting for an interview it varies depending on the availability of dates provided to NVC by your consulate.

An August interview doesn't sound that bad at all if you have not finished with NVC yet. Filers waiting for an interview in Montreal are waiting an average of 3 months, and earlier this year the wait was 4-5 months!

[childress_london 3]

OBX - you said "Photocopies are sufficient for USCIS but NVC does require originals or certified copies." As I stated, please send copies (certified copy is still a copy) instead of originals always.

[garysworld n ana 3]

You are both completely correct with what is said.

IMHO...

I do not think anyone is or was trying to step on any toes...only to clarify.

For someone that may not be familiar with the process distinguishing a certified copy (NVC requirement) from a "normal" copy could be the difference whether an RFE gets issued thereby causing delays.

Please forgive me if I do a poor job myself of clarifying.

Only hoping to help.

[trailmix 77]

OBX - you said "Photocopies are sufficient for USCIS but NVC does require originals or certified copies." As I stated, please send copies (certified copy is still a copy) instead of originals always.

Well in everyday language, when someone has a 'copy' of something, they mean a photocopy - since you can't use a photocopy for NVC, it does need clarification.

[Darnell 8,478]

I follow what NVC says about copies / certified copies / originals -

http://travel.state.gov/visa/immigrants/info/info_3195.html

and you should, as well.

Please read the page in that link? let us know if you still have questions?