Checklist in error, supervisor review... now document review...

[Gretch 11]

So, after getting a checklist saying that NVC was waiting to act on my husband's case until I got approved by USCIS for a "waiver of unlawful presence" (something we never filed for that wouldn't be applicable in our case), we were moved to Supervisor Review. I was told by the first rep that my case was "almost finished" and that I would probably be able to get case complete and interview scheduled at the same time with a supervisor, "very soon". That was two weeks ago. I've called three or four times since then to see if there was an update. One rep told me she would have a supervisor call me so I could make a complaint--as far as I can tell, a supervisor has NEVER called when a VJ member has been told they would. "It may not be today, but they will call," I was told. The next rep denied that and said no one would call me until they had something to tell me. The next one said I would just have to wait and that "government takes time", and it would be another six weeks from when I was sent to supervisor review. All three of these reps told me that contrary to the checklist I got (which was very official, had my husband's name, case number, and birthdate), there was no hold on my papers.

Today I got the nicest rep I've had so far, who for the first time acknowledged that it was wrong that I was being penalized for a mistake made at NVC. He also told me that: my papers had been reviewed and were complete, and they were only waiting for a response to that waiver! (which everyone else has denied was even marked on my case)

This rep told me my case has now been sent from Supervisor Review to Document Review. He said that's where they wait for an answer regarding the waiver. He didn't have an answer as to whether that adds another six weeks on, because in normal circumstances they wait there until the issue is resolved, but in my case it's never going to be resolved (that is, they'll never get an answer from USCIS about our waiver because it doesn't exist).

I did send an email to asknvc a week ago, because I'd read that some people got emails responded to faster than other channels. That seems to be what triggered the move from Supervisor Review to Document Review. I have no idea whether that actually slowed my case down!

Everyone at NVC has always said just to wait, and it could be that if I had just waited and accepted that I had gotten a false checklist, my case would have been completed long ago. But it's also possible that it would have just been put aside indefinitely. It's so hard to know what actions to take. But I do think I would advise people to hesitate before asking for supervisor review, if possible.

[Gretch 11]

And today I called USCIS. At least they really did have a supervisor call me back, but he was so awful... I told him that I got a notice from NVC saying I had a waiver of unlawful presence waiting to be adjudicated but neither I not my husband ever filed one, because he's never been to the US on any basis, and he launched into an explanation of what the waiver is. (He started with "Now first ma'am, let me tell you that our website is uscis.gov and you can find the form there" and just kept on going.) When I started to say "I know what the waiver is" he cut me off and said "Let me finish this and then I'll listen to whatever you have to say", and kept talking. Finally I said again "We didn't file that waiver, my husband has never been to the US" and he said "Well, sometimes it's just needed if a person is barred for any reason" and again kept talking. I repeated. "I DID NOT. FILE. THAT. WAIVER. My husband is NOT BARRED FROM THE US." "Well, if that's really the case, then why are you telling me the NVC says you did?" "It was sent by mistake and I'm trying to find out where the mistake was made."Oh, well, ma'am, it's possible that it was just a clerical error, I have no way of knowing how that might happen, I don't know why you called me."

"I only called you, as I said several minutes ago, to find out if you have any record of having sent the NVC a notice of a waiver application regarding my case."

"No, I do not."

Honestly, I don't even think he looked.