Lost petition found and delivered. Problem

[TBoneTX 43,019]

That's helpful for others to know -- thanks for posting it!

[jkb11 26]

We have reached the Burlington Finance Center. We were told we have to wait until CSC gives them instructions cause they have no power to cancel an invoice. As we have sent explanation letters to both Burlington Finance Center and California Service Center, we are waiting for response.

Cheers!

[jkb11 26]

A word of update in our case.

We haven't heard from CSC yet, mostly because our mail from Indiana to California was routed via New York (thank you, USPS) and it took them 2 weeks to deliver it. Today we noticed that the status of both our cases have been updated. To our surprise, online status check stated that both our cases got rejected! With our hearts racing we called up USCIS pronto and requested to talk to tier 2 immediately.

Good news that the rejection of the second case is an error on the USCIS website. The IO said that he checked the status of that application directly at mainframe and confirmed that the case is still pending. We are gonna call them up next week nevertheless just to confirm that.

Bad news - nothing resolved by CSC yet, nothing in the system. So, I guess they haven't gotten to process our explanation letters yet. Still waiting.

Cheers!

[TBoneTX 43,019]

Keep the faith, si man!

[jkb11 26]

I'm starting to get really upset about the whole situation

Today we have a notice of action for both our cases that our cases have been rejected as improperly filed. I understand the first case, but what about the one that they actually have had collected the payment for? It looks like they got the money ($340) and they rejected the case. So, we ended up spending $340 and having no cases being processed even though the second case has been properly filed.

Did we basically just wasted $340 and 3 months of our waiting time? What are our options? I'll really appreciate any ideas.

Cheers!

Edited March 3, 2012 by jkb11

[jkb11 26]

Hey everyone,

I have a thread describing our problems with USCIS in "K-1 Fiance(e) Visa Case Filing and Progress Reports" subforum (http://www.visajourney.com/forums/topic/350304-lost-petition-found-and-delivered-problem/), but considering our current situation I would like ask you for help in this particular forum section. I hope the moderators won't burn me alive for this (if you do find this inappropriate, please feel free to merge the topics).

Long story short, one of our I-129F applications has been filed in December with NOA1 date of 12/27/11. The fee ($340) has been collected. Today, we have received NOA - rejection of both our petitions. So, despite the fact that we have filed this petition properly, the fee has been properly filed and collected, we have waited 2 months and now we find a rejection notice in our mailbox.

What are our options? How should we proceed from now on? If the fee has been collected, we have our NOA1, the application should not have be rejected, right?

All help is appreciated.

Kind regards!

[Adriene H 89]

I thought the fee was returned to you if the petition was

rejected. Crazy!

[Hank_ 9,171]

You posted in the other thread you started on this topic that you have called USCIS and they informed you that only the one application was rejected and the other is active. Why start another thread, and then leave out some of the information?

[jkb11 26]

The thing is that the fee has been collected and the reason for rejection is that it has apparently been returned. But it hasn't.

Cheers

[jkb11 26]

You posted in the other thread you started on this topic that you have called USCIS and they informed you that only the one application was rejected and the other is active. Why start another thread, and then leave out some of the information?

I am not leaving anything out, I posted everything in the other thread and I posted a link to that thread here. Besides, they informed me that only one application was rejected based on my online case status check. However, today I received the rejection notices in writing for both petitions. That is something slightly different than their simple online inquiry system that is known to be glitchy.

Cheers.

[Harpa Timsah 13,258]

I think you need to WAIT a while and let things get sorted out. Then, if it was rejected, file again.

You filed in Mid-December and then filed again like 10 days later thinking that the first package was lost. It wasn't lost. You should have waited for a bit for the package to be found. Instead, they found it after you had sent a second one, so now you are in this mess with multiple applications and duplicates and everything.

I would WAIT for a few weeks, see what happens. Remember, this is all done through the mail, not instantaneously. Then, if you get the petitions back, and are sure they are both rejected, file again. Fresh start. Good luck.

Edited March 4, 2012 by Harpa Timsah

[jkb11 26]

That is an option, but then, what about the fee? USCIS has collected the fee. And then rejected the application.

Cheers.

[Kathryn41 3,205]

You will need to wait and see what the reason for the second rejection is. There have been cases previously where USCIS kept the check and sent the package back as being improperly prepared or filed for something so simple as 'unsigned', with the instruction to make the necessary correction and return it to them where it would continue to be processed. I don't know if this will be the case or not, but it is a possibility.

It looks like you're going to have to be patient until you get back the actual documentation with a reason. If it is the above, then you just follow the instructions. If it seems to relate to the double filing or the second was refused because of something to do with the first, then you may wish to consult with your local Representative or Senator and see if they can clear up any remaining confusion, or find out a more detailed reason for the rejection and keeping of the check. The good news is that it said 'rejection' rather than denial. With a denial there is no chance of the check being returned.

I'll keep my fingers crossed that it is something simple with the second application that just needs to be corrected and sent back, and because they had already cashed the check, that check will be credited to the processing of the corrected petition when it is returned.

As I think you have discovered patience is definitely one of the necessary attributes to develop in this process.

Edited March 4, 2012 by Kathryn41

[jkb11 26]

Thank you for this reply

So, does that mean we are going to get something else besides the rejection notice with reason for rejection (already got that, form I-797, one per application), and our petition back (still waiting for that)? Are they going to send us another letter?

Cheers.

Edited March 4, 2012 by jkb11

[Kathryn41 3,205]

Thank you for this reply

So, does that mean we are going to get something else besides the rejection notice with reason for rejection (already got that, form I-797, one per application), and our petition back (still waiting for that)? Are they going to send us another letter?

Cheers.

No, it would have been part of the letter of rejection. If they sent both petitions back and kept the one processing fee, then I would definitely pursue getting a return of the processing fee since they didn't adjudicate the petition. If they had adjudicated it, you would not have got it back and it would be a denial. Have you received the petitions back or did the letter state you would also be getting the petitions back? There should be a check with the returned petition along with the reason for the rejection. If you have not got the petition back and there is no reference to its return, then you need to follow up and find out if it will be returned or not. If it is just a rejection of an improperly filed petition, then they should return the petition and the cheque. That is something that you can take to your Congressman/Senator and ask them to assist you with. They didn't provide a service - reviewing the petition and making a decision on the request - so they don't get to keep the money. You really should have a reason for the rejection and find out what is happening with the petition.

Edited March 4, 2012 by Kathryn41