My Congresswoman's clerk told me this ???

[DILAW 94]

Hello,

 

I contacted my congresswoman's office to get my case expedited at the USCIS.  They have a dedicated clerk who I was told works mostly on these expedite requests and assisting with immigration needs.

I spoke to the clerk myself and explained my situation.  I was asked what forms did I submit.  I told the clerk that I submitted form I-130, then after received a receipt letter from the USCIS that I submitted form I-129F.  The clerk immigiately told me I wasn't supposed to submit form I-129F only the I-130 form is what I had to do and that it was a mistake by me to do so.  I was puzzled, because the I-129F instructions clearly say that an applicant can submit form I-129F once form I-130 is submitted. 

The clerk sent an email to request my case to be expedited and I think it was a coincidence, but 3 days after I spoke to the clerk my case was updated and the USCIS sent me a RFE.  I asked the clerk if my case was expedited, but I never got an answer if my case was expedited or not.

The clerk did tell me over 3 times that expediting a case with the USCIS is not a big deal, because at the NVC it would take 11 - 15 weeks to get processed and then more time for the embassy.  I asked the clerk if the NVC process and embassy process can be expedited and she told me NO.  I read on the forum a lot of people get their cases expedited and when my case gets approved and proceeds to the NVC, I will try to get it expedited, but I am wondering why the clerk who works on immigration cases would tell me such a thing.  Maybe she doesn't want to be bothered in the future.  But she repeatedly told me NO ONE CAN EXPEDITE THE NVC PROCESS.

 

[pushbrk 12,115]

The NVC process CAN be expedited, if you have a good enough reason.  You submitted an I-129F which is OK but also an exercise in futility.  Read the K3 visa forum for further information, as it has been discussed thoroughly there.

 

I would advise seeking support from the office of the Senior US Senator from your state rather than the office of a member of Congress.  They have more juice and usually have more competent and experienced staff.

Edited June 6, 2017 by pushbrk

[DILAW 94]

I read some of the forums, but to be honest with you, I got here or found this site after I submitted both the I-130 and I-129F.  I understand the I-129F is useless because it was useful back when the I-130 used to take over a year or so.  But for the clerk to tell me it was a mistake I thought was wrong.

BTW, I submitted requests to expedite both my I-130 and I-129F cases.  That was back in Feb.  Last week (June) I received an email asking me to provide more information to backup my request.  Took 3.5 - 4 months for them only to ask me for info.  It's OK though, I just want to make sure I am doing what I can.  That's all I can do.

My reason is not medical like all the cases I read got approved.   Its humanitarian and emergency reasons where my family member is living in a warzone and their home was attacked.  

[pushbrk 12,115]

The problem with that kind of request, is that since you filed in February, the "urgency" is pretty difficult to document NOW.  It's hindsight, of course, but the best time to file an expedite request is when you file the petition.  Otherwise, it's not really reasonable to expect USCIS to put your request together with the case file in any timely manner.  Your case file would have been buried in a box in a storage closet somewhere, soon after intake in Chicago or Phoenix.

[DILAW 94]

I submitted my I-130 in Jan and I-129F in Feb.  I submitted my expedite requests in Feb for both my I-130 and I-129F (2 requests).  As soon as I submitted my requests I received an automated email that the USCIS will review my request and notify me in 60 days because they receive a big number of requests for expedites.  They contacted me in June which is around 91 days if I only count March, April and May.  After over 90 days to ask me for more info. 

I am not sure if thats true or not, but the clerk told me when a case is expedited it goes to the top of the que or list and the officer has to review the case within 45 days.  She told me since they requested the RFE, this means they have another 45 days from the day the response is received by the USCIS.  It's been almost 40 days since they started reviewing it.  I called the USCIS today just hoping MAYBE the website didn't update and they have some update in their system and the agent told me to contact them 60 days from the day the response was received.  I am waiting

Edited June 6, 2017 by DILAW

[DILAW 94]

16 minutes ago, pushbrk said:

The problem with that kind of request, is that since you filed in February, the "urgency" is pretty difficult to document NOW.  It's hindsight, of course, but the best time to file an expedite request is when you file the petition.  Otherwise, it's not really reasonable to expect USCIS to put your request together with the case file in any timely manner.  Your case file would have been buried in a box in a storage closet somewhere, soon after intake in Chicago or Phoenix.

But if you think about it, lets see you submit your form and 2 months later something major happens to your relative and then you need to submit a request for an expedite.  That's not what happened to me, but I am just saying.  I worked for the government and I know how they operate trust me.  They take their tiiiiiiiiiiiimmmmmmmmmmmmmmmmeeeeeeeeee

[Ryan H 3,790]

Moved from Process & Procedures to Progress Reports.

[Hondatphcm 3]

after I-130 file, I-129F will not fit anymore because you are married already. what was the reason you submit for expedite?

yes, you try to be with your family, paper work take some times. try to work something or meet your family in person to kill some time.

best to you.

[DILAW 94]

4 hours ago, Hondatphcm said:

after I-130 file, I-129F will not fit anymore because you are married already. what was the reason you submit for expedite?

yes, you try to be with your family, paper work take some times. try to work something or meet your family in person to kill some time.

best to you.

If you read the instructions for form I-129F, it clearly says a K3 is for married couple.  It also says for married couple that wasn't too file the 129F, they have to include a proof that the I-130 was filed by sending the receipt asking with form 129F.  You can file form I-129F if you are married and there is a cell where you choose that you are married.  A lot of people think firm I-129F is only for fiancee or engaged couple and that's wrong.  Married couple can file it too.  Go read the instructions to double check what i wrote here.

 

[Hondatphcm 3]

So at the end, would they process your I-130 or your I-129f?

[Boiler 43,438]

I assume most people know what the I 129F is for and that trying the K3 route is both usually a waste of space and and expensive one at that.

[DILAW 94]

1 hour ago, Hondatphcm said:

So at the end, would they process your I-130 or your I-129f?

If the 130 is approved, then the 129 is dropped or not looked at anymore.

129 used to be quicker when the 130 process took years according to what a lot of people say.  I personally did both because filing the 129 was free if you filed the 130.  It doesn't hurt.

Someone was telling me yesterday that the 129F doesn't require going through the nvc process.  So uscis to embassy.  The person was asking me if it's true and i didn't know, but it doesn't look like it.  I think either way you have to go through the nvc.

Does anyone know what form doesn't require the nvc process?

[Springrain22 427]

What is the reason for expedite at USCIS? What is the reason to expedite at NVC?

[DILAW 94]

56 minutes ago, Springrain22 said:

What is the reason for expedite at USCIS? What is the reason to expedite at NVC?

living in a warzone and in a providence that has been identified by the UN to lack food/medicine/water.  I am not saying it will be approved, but that's the reason

[Springrain22 427]

2 minutes ago, DILAW said:

living in a warzone and in a providence that has been identified by the UN to lack food/medicine/water.  I am not saying it will be approved, but that's the reason

What country is this?