Jump to content
Sign in to follow this  
mrsalfayad

K-1 File Transfer

6 posts in this topic

Recommended Posts

Hello All!

On August 3rd, our I-129F got approved! On the 5th, I received the NOA2 letter, which said our case had been "forwarded to the listed consulate".

Well, no consulate was listed, so I'm assuming it was the Damascus Embassy, since my fiance is from Syria. But the Damascus Consulate is closed to most applications right now (including K-1s). I've asked them what we should do, and they recommend sending it to a different embassy. They say as soon as another embassy approves the transfer, they can send the file.

I've contacted Lebanon, which is the safest neighboring country to get into right now, and it seems like they are not going to be willing to accept our case. They say that my fiance must by a resident of Lebanon. They then said that if I can show how applying for the visa in his home country would cause extreme hardship, they may consider accepting our case. I wrote them a detailed email and I'm currently waiting for a reply. But I know there are a lot of other people in the same boat and their transfer requests have been denied.

What would constitute an extreme hardship? I mean, the Consulate is NOT ACCEPTING our application! Hardship! The country is basically breaking out in civil war! HARDSHIP! Countries and organizations around the world are outraged by the government's actions! HARDSHIP!

If they don't count the brink of civil war and a closed consulate hardships...what DO they count? This makes NO sense to me!!!! Any suggestions or advice would be appreciated. I want my fiance here and safe as soon as possible.


K1 Fiance Visa Process
3/30/2011: I-129F sent
4/5/2011: NOA1 received from VSC
7/11/2011: consular services in Damascus suspended
8/3/2011: NOA2 received online via USCIS website
8/5/2011: NOA2 hard copy received
8/8/2011: transfer requests sent to Beirut, Ankara and Amman consulates
8/12/2011: NVC received case
8/21/2011: transfer request approved by Amman
8/23/2011: NVC approved case transfer, new case # assigned
8/25/2011: case mailed to consulate from NVC
9/4/2011: received by Amman consulate, Packet 3 received via email, interview scheduled
9/25/2011: INTERVIEW! Result: Request for further information
10/11/2011: Additional information sent
11/14/2011: Case placed into Mandatory Administrative Processing
3/20/2012: Embassy request for updated police certificate, civil record and medical exam
4/22/2012: Requested documents sent to Embassy
5/8/2012: VISA IN HAND!!!

Total time from petition to approval: 58 weeks
Total time in AP: 25 weeks

6/17/2012: POE @ JFK Airport
7/14/2012: Married in Rochester, NY (L)(L)

Adjustment of Status & Employment Authorization

9/24/2012: I-485 and I-765 sent, filed jointly

9/27/2012: NOA1 for I-485 and I-765 received from NBC

11/5/2012: Biometrics Appointment at Buffalo Field Office

12/14/2012: I-765 Employment Authorization Received (11 weeks from petition to receipt)

7/29/2013: Welcome Letter / Green Card notification received without interview (10 months from NOA1)

Removal of Conditions

6/30/2015: I-751 sent to VSC

7/10/2015: NOA 1 for I-751

8/6/2015: Biometrics Appointment at Buffalo Field Office
Thank God things moved along pretty well and I could stop keeping track of dates for a while...

N-400

2/13/2017: CITIZENSHIP CEREMONY

Share this post


Link to post
Share on other sites

Someone asked the same question on the Facebook page of the consulate in Damascus, officer told him to stand by for an answer. Try Turkey if you can get a faster response, or maybe Jordan...I recommend turkey for the sake that the entire Arab world seems to be going into an extreme transformation and violence seem to break out just about everywhere.

Share this post


Link to post
Share on other sites

Read 9 FAM 42.61 Notes:

http://www.state.gov/documents/organization/87872.pdf

9 FAM 42.61 N2.2-3, paragraph (d), seems to imply that the alien has to be physically present in the country where he/she is asking for the hardship exception:

The presence of war, widespread civil disturbance, revolution, or other similar phenomena in an alien’s
country of last foreign residence
would be evidence that hardship could result if the alien were
required to return to that country
. If the post is inclined to accept a case but has doubts about the alien’s claim regarding a disturbance of some kind in the alien’s country of last residence, the Department’s advice may be sought (slug telegram CA/VO/F/P).

The situation is very fluid in Syria right now, but because of the length of time that this has been going on I would expect a formal policy decision from Department of State before long.


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!

Share this post


Link to post
Share on other sites

Someone asked the same question on the Facebook page of the consulate in Damascus, officer told him to stand by for an answer. Try Turkey if you can get a faster response, or maybe Jordan...I recommend turkey for the sake that the entire Arab world seems to be going into an extreme transformation and violence seem to break out just about everywhere.

Unfortunately, the border with Turkey is not safe because of all the refugees fleeing from Jisr al-Shughour and other northern cities. Southward to Jordan is equally worrisome because Der'a is where it all started and Der'a is right on the border with Jordan. I'm hoping for Lebanon because the border is a little more secure and its closer. If worst comes to worst, Egypt is the only other country where he wouldn't need a visa to enter...so I guess maybe he'd fly into Cairo? Sigh.


K1 Fiance Visa Process
3/30/2011: I-129F sent
4/5/2011: NOA1 received from VSC
7/11/2011: consular services in Damascus suspended
8/3/2011: NOA2 received online via USCIS website
8/5/2011: NOA2 hard copy received
8/8/2011: transfer requests sent to Beirut, Ankara and Amman consulates
8/12/2011: NVC received case
8/21/2011: transfer request approved by Amman
8/23/2011: NVC approved case transfer, new case # assigned
8/25/2011: case mailed to consulate from NVC
9/4/2011: received by Amman consulate, Packet 3 received via email, interview scheduled
9/25/2011: INTERVIEW! Result: Request for further information
10/11/2011: Additional information sent
11/14/2011: Case placed into Mandatory Administrative Processing
3/20/2012: Embassy request for updated police certificate, civil record and medical exam
4/22/2012: Requested documents sent to Embassy
5/8/2012: VISA IN HAND!!!

Total time from petition to approval: 58 weeks
Total time in AP: 25 weeks

6/17/2012: POE @ JFK Airport
7/14/2012: Married in Rochester, NY (L)(L)

Adjustment of Status & Employment Authorization

9/24/2012: I-485 and I-765 sent, filed jointly

9/27/2012: NOA1 for I-485 and I-765 received from NBC

11/5/2012: Biometrics Appointment at Buffalo Field Office

12/14/2012: I-765 Employment Authorization Received (11 weeks from petition to receipt)

7/29/2013: Welcome Letter / Green Card notification received without interview (10 months from NOA1)

Removal of Conditions

6/30/2015: I-751 sent to VSC

7/10/2015: NOA 1 for I-751

8/6/2015: Biometrics Appointment at Buffalo Field Office
Thank God things moved along pretty well and I could stop keeping track of dates for a while...

N-400

2/13/2017: CITIZENSHIP CEREMONY

Share this post


Link to post
Share on other sites

Hello All!

I am in the same situation as you *soontobemrsfayyad. Not quite yet because I have not received my approvla of the I-129F. I should be receiving my approval (NOA2letter) in september. I decided to hire a lawyer for my Fiance case process just to keep things safe. SO my lawyer mentioned to me that if there is any trouble in Syria (as there is now) by the time the interview is required for your fiance, then we can move the case to another country like Turkey or Jordan. She mentioned to me that she has done this many times. I was surprised to hear from many individuals that this is either very hard or nearly impossible. Is this a new rule that you must be a resident of the country where you want to do the interview? I am worried that I will have to just wait in out until the embassy opens in Syria. Just the fact that I have to think about the embassy waiting to reopen is as hard as waiting for the I-129 approval. I don't want to go through two 'waiting stages'. Anyways, so I hope other users give their feedback, suggestions, advices to how we can take the next best steps. I am about one month away from getting approval...anything I can/should do now that will help me with my case? **soontobemrsfayyad---if you have certain questions that you would like me to ask my lawyer, please let me know. I will schedule an interview with her next week and will try to get some more clarity with this situation. Let's hope for the best for everyone. Thanks.

Share this post


Link to post
Share on other sites

I sent a transfer petition to Lebanon on Monday August 8th, still waiting to hear back.

Today, I called the NVC and they had received our case! yay! It took 7 business days from when we got our NOA2. After speaking with an agent, he suggested I email the NVC to request that they hold the case until we get the transfer approval from Lebanon. So now I'm waiting to hear back from them...hoping they can hold it instead of just sending it to dead-end Damascus. We'll see what happens!

Asking for our case to spend more time at the NVC seems like the antithesis of what we want or need, but I'm hoping it will cut out an unnecessary step in the process. Has anyone else had the NVC send their case to a consulate other than the one they listed on their I-129F? Any comments on if that seemed to cause delays or difficulties?

I'm praying for Lebanon to show us some mercy and accept our transfer. Inshallah ya Rabb! What else can I do if they don't accept? Just try other consulates? Any suggestions?

Things are moving along slowly, but at least they're moving!!


K1 Fiance Visa Process
3/30/2011: I-129F sent
4/5/2011: NOA1 received from VSC
7/11/2011: consular services in Damascus suspended
8/3/2011: NOA2 received online via USCIS website
8/5/2011: NOA2 hard copy received
8/8/2011: transfer requests sent to Beirut, Ankara and Amman consulates
8/12/2011: NVC received case
8/21/2011: transfer request approved by Amman
8/23/2011: NVC approved case transfer, new case # assigned
8/25/2011: case mailed to consulate from NVC
9/4/2011: received by Amman consulate, Packet 3 received via email, interview scheduled
9/25/2011: INTERVIEW! Result: Request for further information
10/11/2011: Additional information sent
11/14/2011: Case placed into Mandatory Administrative Processing
3/20/2012: Embassy request for updated police certificate, civil record and medical exam
4/22/2012: Requested documents sent to Embassy
5/8/2012: VISA IN HAND!!!

Total time from petition to approval: 58 weeks
Total time in AP: 25 weeks

6/17/2012: POE @ JFK Airport
7/14/2012: Married in Rochester, NY (L)(L)

Adjustment of Status & Employment Authorization

9/24/2012: I-485 and I-765 sent, filed jointly

9/27/2012: NOA1 for I-485 and I-765 received from NBC

11/5/2012: Biometrics Appointment at Buffalo Field Office

12/14/2012: I-765 Employment Authorization Received (11 weeks from petition to receipt)

7/29/2013: Welcome Letter / Green Card notification received without interview (10 months from NOA1)

Removal of Conditions

6/30/2015: I-751 sent to VSC

7/10/2015: NOA 1 for I-751

8/6/2015: Biometrics Appointment at Buffalo Field Office
Thank God things moved along pretty well and I could stop keeping track of dates for a while...

N-400

2/13/2017: CITIZENSHIP CEREMONY

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.
×