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TimnLiza

Embassy may have Lost Petition, What to do?

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Okay first things first. Our petition is old. Lets just say we had a financial dry spell that was unexpected and now things look good to move forward.

I received notice from Manilas embassy that they received my approved petition on May 19 2010, I have been in contact with the embassy many times to confirm the status of our petition, I have explained the situation and all has seemed okay. Until December of last year. That's when it seems there were some changes at the embassy, and instead of talking with someone at the embassy I get what I guess is a call center.

IN January I requested the status of my petition but received a vague response. Something to the effect of. "Oh, yes sir. I see it here."

"Is it still good? has it expired?" I ask

"Let me check sir....... sir I am going to escalate this request."

"What's escalate, is that bad?"

"No sir, I am requesting a response to your question"

"how long will that take?"

"I am sorry, cannot estimate that"

Anyhow.. no response. so 3 months later I try again..... Same thing happens.

Then June I try again.... guess what? nothing... no answer just escalation again...

Then I call again today (AUGUST)I ask the agent. "If it is expired do they tell us or only if they find it to be good?"

"Oh, sir, they will tell us yes or no, but there is no reply as of now"

SO AFTER 8 months... no reply.

Am I at the mercy of this system?... can anyone do anything? Is it a matter of involving my congressman at this point?

I just have no idea what to do.

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At this point I would assume that your petition is expired.


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Okay first things first. Our petition is old. Lets just say we had a financial dry spell that was unexpected and now things look good to move forward.

I received notice from Manilas embassy that they received my approved petition on May 19 2010, I have been in contact with the embassy many times to confirm the status of our petition, I have explained the situation and all has seemed okay. Until December of last year. That's when it seems there were some changes at the embassy, and instead of talking with someone at the embassy I get what I guess is a call center.

IN January I requested the status of my petition but received a vague response. Something to the effect of. "Oh, yes sir. I see it here."

"Is it still good? has it expired?" I ask

"Let me check sir....... sir I am going to escalate this request."

"What's escalate, is that bad?"

"No sir, I am requesting a response to your question"

"how long will that take?"

"I am sorry, cannot estimate that"

Anyhow.. no response. so 3 months later I try again..... Same thing happens.

Then June I try again.... guess what? nothing... no answer just escalation again...

Then I call again today (AUGUST)I ask the agent. "If it is expired do they tell us or only if they find it to be good?"

"Oh, sir, they will tell us yes or no, but there is no reply as of now"

SO AFTER 8 months... no reply.

Am I at the mercy of this system?... can anyone do anything? Is it a matter of involving my congressman at this point?

I just have no idea what to do.

NVC gives a deadline of one year from the date of your approved petition to finish and complete your visa processing. Once this period expires, you have to do the process all over again; unless you have received a formal approval to extend your petition up to a certain future time.

It is very easy to call on the phone, but there are situations when you need a hard copy from them so that you may use this to back up your claim. If I had been in your situation, I would have written them a formal letter so that you go past the "call center people" to either a manager or supervisor. At this point I would write a formal letter to the US Embassy holding your Visa, and also the NVC.

Edited by Joshuaching

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The NVC does indeed give a deadline for petitions and they have an expiration date. This can be extended but as far as I know it can only be extended to one year maximum. I would escalate your query as others have said to try and confirm but at this point I would be making sure you met the requirements for a K visa petition in preparation to start again

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NVC gives a deadline of one year from the date of your approved petition to finish and complete your visa processing. Once this period expires, you have to do the process all over again; unless you have received a formal approval to extend your petition up to a certain future time.

It is very easy to call on the phone, but there are situations when you need a hard copy from them so that you may use this to back up your claim. If I had been in your situation, I would have written them a formal letter so that you go past the "call center people" to either a manager or supervisor. At this point I would write a formal letter to the US Embassy holding your Visa, and also the NVC.

So who would I address it to at the embassy?

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The NVC does indeed give a deadline for petitions and they have an expiration date. This can be extended but as far as I know it can only be extended to one year maximum. I would escalate your query as others have said to try and confirm but at this point I would be making sure you met the requirements for a K visa petition in preparation to start again

I was told multiple times by multiple agents that there is no expiration. Even on this last call he told me it is up to the embassy and as long as there is activity then it is extended. I mean when I give them the case number they find the file just fine. Do they keep those indefinitely? It would seem very unfair to makes us start over. I could see having to refile, but I would have to lose money and work to fly there (we're past the 2 years for the petition requirement). Then pay all those fees again... ect. ect...

Maybe what's best is to have her set up an interview... I mean if they allow it then the petition is fine right?

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At this point I would assume that your petition is expired.

Seems like the most plausible response. :thumbs:


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

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AWESOME NEWS TODAY!

I called the right number! I spoke with a woman at the embassy who actually pulled the physical file. It is still GOOD! she said its up to the consular but they most likely will file another extension when we schedule an interview... if I can afford it this month!! yay!

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AWESOME NEWS TODAY!

I called the right number! I spoke with a woman at the embassy who actually pulled the physical file. It is still GOOD! she said its up to the consular but they most likely will file another extension when we schedule an interview... if I can afford it this month!! yay!

you're a lucky one here! wish for the best


148280zkcv79ffi3.gifDeeDee & Sam 426064ng1n3ghbqw.gif

766837489_784932.gif


from filling I129F to POE- exactly 6 months


for k1 steps and dates check my timeline
AOS approved took 7 months you can chack my timeline for details

ROC

October 6th- mailed package

as1cJVfNw2k0710MTMybHN8MDQyMTdqc3xXZVwnd

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If you ever run into this again, try calling NVC/DOS and ask for the status of your case. Am glad it hasn't expired however bring some solid proof of ongoing relationship with you to the interview. 2 years is a long time, and alot can happen within 2 years.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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