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Charles&Kate

Can NVC request more documents after I-129 approval/NOA2 by CSC?

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Hello.

We are waiting for a K1 Visa.

Our I-129 was approved september 9 and we got our NOA2.

I read a lot on this website and in the forums that after that what usually happens is that the CSC sent the case to NVC. NVC generates a new number and forward the case to the respective embassy outside USA.

It happens that our lawyer, during this stage, is already asking for a series of documents from us, some of them we even already included in the first package, like passport copies, birth certificates, taxes, bank and employment information, police records and some another stuff. She said that's for NVC (but she never said NVC ordered anything formally. Who is ordering thoso documents is herself).

Can NVC ask for something like that? Is it a regular procedure? That's almost an RFE after the approval of I-129 by CSC/USCIS. I think that her request is pretty odd.

We'll meet she in person soon and will be able to discuss why she need all this now. Maybe she want to get ready already for the AOS/GC process after the marriage, I don't know. Or maybe she's just being extra cautious.

Also, looking into NVC website, I found this:

"USCIS sent my immigrant visa petition to the NVC. Now what happens?

If your Priority Date meets the most recent Cut-off Date, or is likely to become current soon, the NVC will:

Invoice you for your visa application fees
Collect your visa application and supporting documentation
Hold your visa petition until an interview can be scheduled with a consular officer at a U.S. Embassy or Consulate."

What you guys think of this situation? Should we be worried?

Sorry about the topic, but as you know lawyers don't talk too much over the phone or e-mails, they always want to meet in person. And our anxiety is big while waiting. Thanks.

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For an approved I-129f, NVC simply assigns a case number to it and they don't ask for any other document. Your lawyer might be looking at the NVC processing of an immigrant visa: http://www.visajourney.com/wiki/index.php/NVC_Process

- Which is totally not applicable to K-1s.


heart.gif After all, we're all just walking home ...heart.gif

:energy: N-400 in progess ...

 

 

01/14/2013 Filed I-129f

07/31/2013 I-129f NOA2

11/04/2013 Visa Received

11/21/2013 POE: Honolulu .. Aloha!

01/27/2014 Wedding day! (L)

03/11/2014 Filed I-485, I-131 and I-765

05/31/2014 EAD/AP card received

06/27/2014 Green card received

05/12/2016 Filed I-751

05/25/2016 Check cashed

05/26/2016 NOA (Dated 05/16) Received

06/20/2016 Biometric Appointment

05/07/2017 10-year Green card received

N-400

07/02/2018 Filed N-400 online

07/24/2018 Biometric Appointment

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Not applicable for K-1 Visa


K1 Visa Event Date

Service Center : Texas Service Center

Transferred? California Service Center on 2014-08-11

Consulate : Dominican Republic

I-129F Sent : 2014-05-15 I-129F

NOA1 : 2014-05-22

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2014-09-16

NVC Received : 2014-10-07

Date Case # 2014-10-09

NVC Left : 2014-10-22

Consulate Received : 2014-10-23

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date : 2015-01-13

Interview Result :

Second Interview
(If Required):

Second Interview Result:

Visa Received :

US Entry :

Marriage : 2015-06-06

Comments :

 

Lifting Conditions
Event Date
CIS Office : Vermont Service Center
Date Filed : 2017-07-17
NOA Date : 2017-08-01
RFE(s) :  
Bio. Appt. : 2017-09-06
Interview Date :  
Approval / Denial Date :  
Approved :  
Got I551 Stamp :  
Green Card Received :  
Comments :

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Hello.

We are waiting for a K1 Visa.

Our I-129 was approved september 9 and we got our NOA2.

I read a lot on this website and in the forums that after that what usually happens is that the CSC sent the case to NVC. NVC generates a new number and forward the case to the respective embassy outside USA.

It happens that our lawyer, during this stage, is already asking for a series of documents from us, some of them we even already included in the first package, like passport copies, birth certificates, taxes, bank and employment information, police records and some another stuff. She said that's for NVC (but she never said NVC ordered anything formally. Who is ordering thoso documents is herself).

Can NVC ask for something like that? Is it a regular procedure? That's almost an RFE after the approval of I-129 by CSC/USCIS. I think that her request is pretty odd.

We'll meet she in person soon and will be able to discuss why she need all this now. Maybe she want to get ready already for the AOS/GC process after the marriage, I don't know. Or maybe she's just being extra cautious.

Also, looking into NVC website, I found this:

"USCIS sent my immigrant visa petition to the NVC. Now what happens?

If your Priority Date meets the most recent Cut-off Date, or is likely to become current soon, the NVC will:

Invoice you for your visa application fees

Collect your visa application and supporting documentation

Hold your visa petition until an interview can be scheduled with a consular officer at a U.S. Embassy or Consulate."

What you guys think of this situation? Should we be worried?

Sorry about the topic, but as you know lawyers don't talk too much over the phone or e-mails, they always want to meet in person. And our anxiety is big while waiting. Thanks.

Not applicable for K-1 Visa

That's what I thought. However I don't think she's nuts. She's a immigration lawyer for decades and have good reviews. Maybe she just want to get ahead with all the paperwork we will need in the next steps, considering that we paid her to take care of all the process (fiance visa and GC). We'll clarify that with her and give you the feedback soon.

Do you think maybe the lawyer is getting prepared in advance for when the information is required for consulate??

I don't think so, because she wants those documents in USA, not in the country where the embassy is.

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That's what I thought. However I don't think she's nuts. She's a immigration lawyer for decades and have good reviews. Maybe she just want to get ahead with all the paperwork we will need in the next steps, considering that we paid her to take care of all the process (fiance visa and GC). We'll clarify that with her and give you the feedback soon.

I don't think so, because she wants those documents in USA, not in the country where the embassy is.

Then, she's asking for documents that are not necessary for her to have [now]. If she initially said NVC, then I would question those good reviews. I would bet she would change the reason for asking those documents in your next consultation meeting with her.

Just to familiarize yourself, here's the K-1 flowchart: http://www.visajourney.com/content/k1flow

Indeed, you will need those paperwork [and more] for your fiance's embassy interview and then later on for the AOS. So technically, you don't need to give your lawyer those documents at least for the next 2-5 months.

Edited by sweet cakes

heart.gif After all, we're all just walking home ...heart.gif

:energy: N-400 in progess ...

 

 

01/14/2013 Filed I-129f

07/31/2013 I-129f NOA2

11/04/2013 Visa Received

11/21/2013 POE: Honolulu .. Aloha!

01/27/2014 Wedding day! (L)

03/11/2014 Filed I-485, I-131 and I-765

05/31/2014 EAD/AP card received

06/27/2014 Green card received

05/12/2016 Filed I-751

05/25/2016 Check cashed

05/26/2016 NOA (Dated 05/16) Received

06/20/2016 Biometric Appointment

05/07/2017 10-year Green card received

N-400

07/02/2018 Filed N-400 online

07/24/2018 Biometric Appointment

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Then, she's asking for documents that are not necessary for her to have [now]. If she initially said NVC, then I would question those good reviews. I would bet she would change the reason for asking those documents in your next consultation meeting with her.

Just to familiarize yourself, here's the K-1 flowchart: http://www.visajourney.com/content/k1flow

Indeed, you will need those paperwork [and more] for your fiance's embassy interview and then later on for the AOS. So technically, you don't need to give your lawyer those documents at least for the next 3-5 months.

I'll definetely ask her incisively about this. Specially because those documents are kind of annoying to get (bank letter, job letter, etc...) and can get old before they are needed again for AOS/GC.

For now I appreciate your help and opinions.

One last question regarding the birth certificate: Do they really need the Original Birth Certificate in the future? Why can't they just have a copie of the original + translation?

I ask because it's pretty hard and takes time to get an official original birth certificate in my fiance country if she needs to get sent the original one to the process.

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I'll definetely ask her incisively about this. Specially because those documents are kind of annoying to get (bank letter, job letter, etc...) and can get old before they are needed again for AOS/GC.

For now I appreciate your help and opinions.

One last question regarding the birth certificate: Do they really need the Original Birth Certificate in the future? Why can't they just have a copie of the original + translation?

I ask because it's pretty hard and takes time to get an official original birth certificate in my fiance country if she needs to get sent the original one to the process.

Exactly! :thumbs: And depending on your fiance's consulate, the bank statement and employment letter won't be even needed provided you make beyond 125% of the poverty guidelines. For AOS [maybe 5 months later], you will need the employment letter, but I do agree that it has to be a recently signed letter by your employer to show how much you are making by that time.

Not sure about the original BC. Which country is your fiance from? Maybe somebody who went through your fiance's consulate can give you more insightful experience.

From what I've read so far, some countries only require a certified copy of the birth certificate. In Philippines, we have to get it from our National Statistics office and it is considered as official. You can check the embassy's website for the K1 instructions on what they actually require.

Edited by sweet cakes

heart.gif After all, we're all just walking home ...heart.gif

:energy: N-400 in progess ...

 

 

01/14/2013 Filed I-129f

07/31/2013 I-129f NOA2

11/04/2013 Visa Received

11/21/2013 POE: Honolulu .. Aloha!

01/27/2014 Wedding day! (L)

03/11/2014 Filed I-485, I-131 and I-765

05/31/2014 EAD/AP card received

06/27/2014 Green card received

05/12/2016 Filed I-751

05/25/2016 Check cashed

05/26/2016 NOA (Dated 05/16) Received

06/20/2016 Biometric Appointment

05/07/2017 10-year Green card received

N-400

07/02/2018 Filed N-400 online

07/24/2018 Biometric Appointment

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