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Is Your Case Really Different?

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Filed: K-1 Visa Country: India
Timeline

As I sit and read the forums daily, I keep telling myself "my case is different" as a means of trying to stay positive through this process. This takes the edge off the fear that my fiancé and I will go through all this waiting and end up getting denied or put in AP...but the question has been looming the last several days...

At what point does your case stop being "different"?

I don't mean to be a debby-downer and in all reality...everyone's cases are ultimately different and everyone's outcomes can be different...I know that...

My fiancé and I have built a strong case and we just want to be together so bad like so many other couples...it's almost made our relationship somewhat different because we are going the extra mile to make sure we have documentation of EVERYTHING... My first thought before every decision is "can we use this as documentation?" which was not at all how I thought this journey would be...

When I visited an immigration attorney a couple months before we started our process, I was so naive and now I feel so tainted by the government...It may be years after we are married that I let go of the feeling that we constantly have to prove our relationship and love is true...

But alas, we are building great memories that will last a lifetime and that we will have documented. We will have an amazing love story to tell our kids and grandkids and we are determined to live happily ever after...

Just some thoughts on a lonely and cold winter's night... ;-)

Oct 2010 - We Said "Hi" in the US...(Trip #1)

Nov 2010 - We Became Friends in India...(Trip #2)

March 2011 - Vacation in India...(Trip #3)

08/25/2011 - We Fell In Love...

10/10/2011 - We Got Engaged in the US!!(Trip #4 and #5)

04/09/2012 - Couldn't Stay Away From Each Other...(Trip #6)

08/25/2012 - Our Wedding...DEFINITELY!!

11/05/2011 - Sent I-129F Via USPS Priority Mail

11/08/2011 - I-129F Received @ Lockbox in Dallas, TX

11/08/2011 - NOA1 Notice Date

11/14/2011 - NOA1 Text/E-Mail Received

11/18/2011 - NOA1 Hard-Copy Received

03/30/2012 - NOA2 Notice Date - 143 Days

03/31/2012 - NOA2 Text/E-Mail Received @ 12:15am

04/06/2012 - NVC Received

04/09/2012 - NOA2 Hard-Copy Received

04/10/2012 - NVC Left

04/12/2012 - Consulate Received

04/17/2012 - Packet 3 Received

04/18/2012 - Packet 3 Sent via E-mail to VFS

04/23/2012 - Packet 3 Received via VFS Confirmation

05/23/2012 - Packet 3 "Lost" - Fiance Re-Submitted In-Person to VFS

05/24/2012 - Packet 3 Received via DOS Confirmation

07/11/2012 - Interview Date - APPROVED

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Filed: K-1 Visa Country: Wales
Timeline

Initially we were going to go the other way, but things happened and I ended up here.

Remember you always have two options at least.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Ecuador
Timeline

Everything depends on your consulate. Study the reviews on yours thoroughly, and prepare.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: K-1 Visa Country: Armenia
Timeline

A few things you should keep in mind. First and foremost, for the lastest year they published statistics (2010 IIRC), 96% of K-1s were approved without incident. On appeal (how they defined appeal is unclear), a further 3.2% were approved. A total of 99.2% of applications are approved, and the overwhelming majority of them without any hitch.

The other thing to keep in mind is that this website is not necessarily a representative example of K-1 applicants. While I haven't done any number crunching, I suspect that there is a greater likelihood that people join when they have problems. You're going to read the horror stories here because someone needs help and is asking for it. If nothing goes wrong with someone's case, and they're not the chatty type, they just don't exist here.

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Filed: AOS (apr) Country: India
Timeline

At what point does your case stop being "different"?

My first thought before every decision is "can we use this as documentation?" which was not at all how I thought this journey would be...

I don't think you have any hope of your case not being different. You are different from a vast majority of US/Indian cases. It can't be helped. Hopefully, though, you'll be different from most of the cases that have similarities to yours, such as race or religion differences. Fair warning though...you very well may escape the denial like we did, but it does seem as though men are placed in AP often when they are the beneficiary in India, regardless of any other factors in the relationship. So you may have to wait through an additional background check but that's way better than what could happen. The good news for you is that you got to learn about these other Indian cases during the process, so you can be proactive and prepared.

If you do get put into AP for a background check (and they won't tell you that's why, you just have to assume), make sure you involve your senator as soon as it hits 60 days. Dipu got his visa approved on 10/21 but they didn't get around to printing it and mailing it to him until 11/09, when they got our congressional inquiry. Three weeks wasted.

Good luck...we'll be rooting for you!

Bec & Dipu

Service Center : California Service Center

Consulate : New Delhi, India

I-129F Sent : 2010-11-22

I-129F NOA1 : 2010-12-01

I-129F NOA2 : 2011-04-21

NVC Received : 2011-04-27

NVC Left : 2011-05-05

Embassy Rcvd : 2011-05-08

Pack 3 Rcvd : 2011-05-11

Pack 3 Sent : 2011-06-23

Pack 4 Rcvd : 2011-07-08

Interview : 2011-08-03

Visa Received : 2011-11-09

POE : 2012-01-13

Marriage : 2012-01-21

AOS/EAD Sent : 2012-02-13

NOA1 : 2012-02-22

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Filed: AOS (apr) Country: India
Timeline

By the way, I don't want to sound like a Negative Nancy.

I just don't believe in telling people not to worry, it will all work out when the truth is, it will all work out if you put in the time and effort and have honest expectations of what could happen and are prepared for every outcome. THEN it will all work out.

I see a lot of people post on this site saying comforting things like, "It will be OK," and "Hang in there, it will happen soon!" Those platitudes are great if they make you feel better but they certainly won't help you achieve a successful outcome and they completely ignore the fact that some people SHOULD worry. Worry leads to action, action leads to results.

Bec & Dipu

Service Center : California Service Center

Consulate : New Delhi, India

I-129F Sent : 2010-11-22

I-129F NOA1 : 2010-12-01

I-129F NOA2 : 2011-04-21

NVC Received : 2011-04-27

NVC Left : 2011-05-05

Embassy Rcvd : 2011-05-08

Pack 3 Rcvd : 2011-05-11

Pack 3 Sent : 2011-06-23

Pack 4 Rcvd : 2011-07-08

Interview : 2011-08-03

Visa Received : 2011-11-09

POE : 2012-01-13

Marriage : 2012-01-21

AOS/EAD Sent : 2012-02-13

NOA1 : 2012-02-22

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