Late stage case rejected due to error, NVC and USCIS refuse to make correction

[TJf3 0]

Hi VJ forums!

Good to see a forum exists for this topic!

Here is the story, I hope somebody here has some advice on how to handle this.

The i-130 was filed in 2004. This was a F2 and was actually months away from being approved!

The petitioner become a citizen in 2009, however, the petition was never updated to reflect this which is completely our fault since nobody knew that this had to be done.

In 2011, the beneficiary, me, got married. I made a quick phone call to the friendly NVC asking what I had to do. The kind agent at the NVC said all I had to do was send a copy of the marriage certificate and thats it.

Easy enough!

Marriage cert gets emailed off and we are good.

Unfortunately the very next email I get is that the petition has been rejected.

I was completely mortified and quickly called the NVC again to see why? The NVC explained that an F2 can not be married.. ok, makes sense, but I explained that the petitioner is a citizen, but according to the NVC, since I failed to disclose that fact before I sent the marriage certificate, the F2 is denied and the entire petition is thrown out!

The part I am angry about is that the NVC agent never mentioned this when I called and asked about what to do if I was married. She was clearly looking at my file, why tell an F2 that they must send in a marriage certificate?

The NVC said I had to call the USCIS and tell them to make the change, at which point they would send the i-130 back to the NVC and all will be well.

Yeah right...

The USCIS said there is nothing they can do and that the NVC needed to reopen the case and make the change. The NVC says I should write a letter to the USCIS and explain the problem.. and so on and so on.

It has been 1yr of back and forth like this. Recently the petitioner went to the local USCIS field office, they were very friendly and understanding, and once again said that we need to write a letter to the NVC.

So here we are. 8yrs later, months away from the approval only to be told that nobody can do anything.

Has anybody here heard of a case like this?

Does anybody have a contact at the NVC that would actually have the heart to request this case be reopened and correct the information on the petitioner?

Thanks for reading!

Edited October 17, 2012 by TJf3

[Hypnos 6,576]

Having the petitioner contact one (or more) of their congressional representatives would probably be the fastest way to get this straightened out, if that is possible.

I am unsure of whether it is something that can be fixed or you would need to begin the I-130 process all over again, since it was a mistake on your part.

[TJf3 0]

I am unsure of whether it is something that can be fixed or you would need to begin the I-130 process all over again, since it was a mistake on your part.

No denying ignorance on our part, but when you call the NVC for advice, they should know better than to tell an F2 to send along their marriage cert.

The agent should have said "Hang on here, as an F2 you are not eligible for a visa if you get married!" At which point I would have said, "oh, btw the petitioner is a citizen now" and none of this would have happened.

Good idea about writing to congressional rep, I will try that.

I am unsure of whether it is something that can be fixed or you would need to begin the I-130 process all over again, since it was a mistake on your part.

No denying ignorance on our part, but when you call the NVC for advice, they should know better than to tell an F2 to send along their marriage cert.

The agent should have said "Hang on here, as an F2 you are not eligible for a visa if you get married!" At which point I would have said, "oh, btw the petitioner is a citizen now" and none of this would have happened.

Good idea about writing to congressional rep, I will try that.

[Penguin_ie 5,986]

Yes, have the petitioner contact their elected reps... now is a good time, before the election.

[TJf3 0]

Have there been cases where this has worked?

I can imagine that congressional reps are probably very busy and do not have much time to waste on such matters...

[Hypnos 6,576]

Since you pay their salary I very much doubt it. They have an obligation to try and help you.

Almost every congressional office will have an immigration liaison whose job it is to deal with various federal agencies on constituents' behalf. This is what they are paid to do.

[TJf3 0]

Since you pay their salary I very much doubt it. They have an obligation to try and help you.

Almost every congressional office will have an immigration liaison whose job it is to deal with various federal agencies on constituents' behalf. This is what they are paid to do.

The appropriate congressman's office has been contacted, thanks for the suggestion.

[TJf3 0]

I just wanted to update this thread.

The letter to the Congressman worked!

The USCIS reopened the case and its back at the NVC as of this week.

Big thank you to Hypnos for the suggestion!