Jump to content
Sign in to follow this  
momojojo

How can we cancel our k-1 visa?

19 posts in this topic

Recommended Posts

Hello. Me and my fiance were waiting for NOA1 for 5months. And we called USCIS about 5times about it. All of them said they sent our NOA1 and our paperwork is in process...They said they will send him NOA1 again. and let him paid $20. but never came. so he talked to some higher level person. He told my fiance to give him time for a few days and he will find out where it is. BUT we found out when we called to military line (because he is in NAVY). Our paperwork was lost after cashed.... He said we have to re-file again. and it will start from first. He said they will pay him back which he paid already. But my fiance is getting order to Japan in 7months. So we decided to wait to get married till he will be in Japan. We believe it is better decision for us for now.

This is my question...How can we cancel our I-129F? Because they told us they don't even have our case number at all... And how can we get money back from them plus $20?

Nobody knows where our paperwork is at...so how should I??

If somebody know something. please tell me :(

Momo

Share this post


Link to post
Share on other sites

If they cashed the check then you don't get the money back.

Lost after what crash?

When my husband called the military hotline they told him they have no access to the petition information, just information to help military members with the process and with requests for expedite.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites

Sounds like maybe you are using a visa service? I have never heard of USCIS offering to refund a fee, at best they would instruct him to refile the paperwork with a letter stating why there is no fee attached and a copy of the canceled check from the first filing. I am also curious how USCIS was able to look up the case without a case number.

Share this post


Link to post
Share on other sites

If they cashed the check then you don't get the money back.

Lost after what crash?

When my husband called the military hotline they told him they have no access to the petition information, just information to help military members with the process and with requests for expedite.

Yeah I thought they never pay him back. But they still telling him that they will...He paid $455 by money order. I don't know what is the truth...because they were keep lying to him for 5months. If we knew our paperwork was missing when we called firt time, we had a time to re-file...

Share this post


Link to post
Share on other sites

Sounds like maybe you are using a visa service? I have never heard of USCIS offering to refund a fee, at best they would instruct him to refile the paperwork with a letter stating why there is no fee attached and a copy of the canceled check from the first filing. I am also curious how USCIS was able to look up the case without a case number.

What is Visa service?? Yeah I was wondering how USCIS could look up our case without that number... So he put in a complaint and they told him that give them 30days to figure out everything. We have heard same thing for 5months a few times. But never changed. My fiance also asked USCIS about how they could see what's going on our paperwork stuff without case number. and he told them their name who answered his call.

Even if we will re-file our paperwork again this month, we have to restart from first right? that means we have to wait 5more months? Even if we won't have time to do for GC at all if we won't get our K-1 visa till June.

Share this post


Link to post
Share on other sites

Hello. Me and my fiance were waiting for NOA1 for 5months. And we called USCIS about 5times about it. All of them said they sent our NOA1 and our paperwork is in process...They said they will send him NOA1 again. and let him paid $20. but never came. so he talked to some higher level person. He told my fiance to give him time for a few days and he will find out where it is. BUT we found out when we called to military line (because he is in NAVY). Our paperwork was lost after cashed.... He said we have to re-file again. and it will start from first. He said they will pay him back which he paid already. But my fiance is getting order to Japan in 7months. So we decided to wait to get married till he will be in Japan. We believe it is better decision for us for now.

This is my question...How can we cancel our I-129F? Because they told us they don't even have our case number at all... And how can we get money back from them plus $20?

Nobody knows where our paperwork is at...so how should I??

If somebody know something. please tell me :(

Momo

Dont bother with the phone information. We all know they are seldom right.

The USC should make an INFO PASS appointment to go see USCIS in person. He can ask for the latest info & ask them directly what could be done at this point. He might find that the actual situation is far different than you think. You both may want to decide based on that info what you want to do. If the documents were in fact lost by USCIS you may be able to get credit for the money spent & apply it to the future petition.

He should find out about the DCF process at that meeting as well. The Navy in Japan will be able to provide info about how he can proceed because they will have direct experiance with these matters. He can begin with his warrant officer to find the right department to assist him.

The USC should be investigating this situation himself.

Share this post


Link to post
Share on other sites

Dont bother with the phone information. We all know they are seldom right.

The USC should make an INFO PASS appointment to go see USCIS in person. He can ask for the latest info & ask them directly what could be done at this point. He might find that the actual situation is far different than you think. You both may want to decide based on that info what you want to do. If the documents were in fact lost by USCIS you may be able to get credit for the money spent & apply it to the future petition.

He should find out about the DCF process at that meeting as well. The Navy in Japan will be able to provide info about how he can proceed because they will have direct experiance with these matters. He can begin with his warrant officer to find the right department to assist him.

The USC should be investigating this situation himself.

Oh okay. I just told him what you told me here now.

He said he talked to legal about it. I hope we will figure out everything whats going on... Thank you for advice. I learned I shouldn't believe what USCIS tell us on the phone.

Share this post


Link to post
Share on other sites

Oh okay. I just told him what you told me here now.

He said he talked to legal about it. I hope we will figure out everything whats going on... Thank you for advice. I learned I shouldn't believe what USCIS tell us on the phone.

I am sure that by working on the problem in the right manner you will find the answers you seek. In my own case my husband met with USCIS ( Info Pass ) 3 times. During those talks they said they had made some mistakes & would do what they needed to do to correct them. Based on that I dont think you have lost your money. You should not need to pay the fees again because the petition wasnt denied. The NOA 1 is simply a reciept for the money. The NOA 2 would be the acknowledgement of approval. After approval the case would be sent to NVC & on to the embassy.

I would also say that the JAG officer may not be informed about immigration law & probably doesnt know much about these things. The USC needs to be in direct contact with USCIS. Telling the USC all is lost & that he needs to file again is proof of the ignorance. The fact that the NOA 1 may be lost doesnt mean that the case is lost. The NOA 2 may be in the mail right now.

The USC needs to ensure the address on file is correct with USCIS & the US Post office. Probably good to check with the base postal system as well.

Share this post


Link to post
Share on other sites

I am sure that by working on the problem in the right manner you will find the answers you seek. In my own case my husband met with USCIS ( Info Pass ) 3 times. During those talks they said they had made some mistakes & would do what they needed to do to correct them. Based on that I dont think you have lost your money. You should not need to pay the fees again because the petition wasnt denied. The NOA 1 is simply a reciept for the money. The NOA 2 would be the acknowledgement of approval. After approval the case would be sent to NVC & on to the embassy.

I would also say that the JAG officer may not be informed about immigration law & probably doesnt know much about these things. The USC needs to be in direct contact with USCIS. Telling the USC all is lost & that he needs to file again is proof of the ignorance. The fact that the NOA 1 may be lost doesnt mean that the case is lost. The NOA 2 may be in the mail right now.

The USC needs to ensure the address on file is correct with USCIS & the US Post office. Probably good to check with the base postal system as well.

I guess I had to tell you this...USCIS don't know our case number at all. and somepeople who answered my fiance's call just didn't look for our case. They were just saying "oh don't worry your case is already in process." and afterwards, "oh you have to pay more $20 and everything will be in process.." but he was really sure he paid all. So when he talked to the guy which is higer level a little bit, that guy was sure he doesn't see our case at all. but cashed already. so he told him he has to find who did this to us. All we hope is USCIS will be faithful to us at all. I know operator never care about us waiting for visa. All we found out for now is those operator was never looked for our case number.

I hope we will get through this soon.

Share this post


Link to post
Share on other sites

With our case, and from others experience, I have always thought that when they cash your check you will have you an EAC (Case Number) on the back of the check. If you did pay by check, look at the stamp on the back to see if it does have a case number. If so, then use this case number to follow up with the USCIS. This would indeed establish you have a case open somewhere.

Share this post


Link to post
Share on other sites

With our case, and from others experience, I have always thought that when they cash your check you will have you an EAC (Case Number) on the back of the check. If you did pay by check, look at the stamp on the back to see if it does have a case number. If so, then use this case number to follow up with the USCIS. This would indeed establish you have a case open somewhere.

Not to be funny I don't think he can look on the back of a money order. You don't get that back! Did he ever get an original I797 receipt? Usually get that within 2 weeks of filing your I-129.

Share this post


Link to post
Share on other sites

Did he send the money to the visa service or USCIS? Sounds like the company stole his money...if USCIS has never heard of you guys.


Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

Share this post


Link to post
Share on other sites

Did he send the money to the visa service or USCIS? Sounds like the company stole his money...if USCIS has never heard of you guys.

Don't think we're sure they used a visa service.

Please could you ask him, when he sent the paperwork and the money order, what address did he send it to? This is to help us understand more about how he submitted the petition.


Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

Share this post


Link to post
Share on other sites

Sorry, I did not see the portion where they mentioned the money order. Yes, what address they sent the K-1 packet, and whether or not they sent some form of confirmation may be helpful to began researching their case. I would hate to think the USCIS would leave anyone in total limbo. Surely they will assist in reestablishing the whereabouts of this case.

Share this post


Link to post
Share on other sites

If they used a “quote unquote” visa service, then attempting to find out about the companies’ creditability may not be a consolation, but it would be a good start. I guess the real initiative here is to finally discover if USCIS ever logged an actual (NOA1) EAC number through USCIS for their case.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...