NVC repeatedly returning our case to USCIS

[Adam&Ayumi 1]

Hello all,

 

This is our first post.  We have what seems to be a unique issue that I have not seen yet.

 

Case History:

July 10^th 2017                     - USCIS received the case

February 5^th 2018             - USCIS approved our case

March 9^th 2018                  - NVC returned the case to USCIC

for months                       - USCIS and NVC both told me to talk to the other group, because no one knew where our case was

August 1^st 2018                  - USCIS approved our case again

August 24^th 2018               - USCIS requested a return of the case (this was according to NVC)

September 6^th 2018         - NVC returned the case to USCIS (according to 1 USCIS agent/a different agent said this is when USCIS returned the case to NVC)

 

I have called USCIS and NVC a couple times per week (each.)  USCIS kept referring me back to NVC.  NVC kept refering me to USCIS.  The first time the case was returned, I set up an appointment with the local Chicago USCIS office.  They were able to tell me that the case was with the California Service Center.  I emailed the CSC, with the email provided by the Local office at Chicago.  Within 2 weeks, they replied that they did indeed have the case, but they never gave a reason for the return.  The next day after the email reply, the case was approved the second time.  I won't waste everyone's time complaining, but every-time that I call either group (USCIS or NVC), I get different information.  Some agents always seem to be able to see more than others, or they have conflicting events/dates in their systems.  This is frustrating.

 

The final and most disturbing fact, when I call NVC, they ask for some privacy verification information: USCIS receipt number, petitioner's name and birthday, beneficiaries name and birthday.  All of the information is correct except for my fiance.  They have the wrong information for the beneficiary.  I have asked how this can be corrected, and they always tell me to send an email to ASKNVC@state.gov.  I have contacted them multiple times, attached copies of the I-129f and I-797s.  I tell them that the information for the beneficiary is correct on these forms (it is).  The standard response is:

"Dear Sir/Madam:

 

The National Visa Center (NVC) is unable to assist you with your inquiry. Please redirect your inquiry to the U.S. Citizenship and Immigration Services (USCIS).

 

USCIS CONTACT INFORMATION:

Telephone: 1-800-375-5283

Website: www.uscis.gov

 

XXX (I removed the individuals name)

 National Visa Center

Written Inquiry Unit

PAE, Support Contractor

 

asknvc@state.gov"

 

So, we have no idea what to do.  I still contact USCIS and NVC at least twice each week.  I waste hours of my time, and I get the same "we can't help you contact the other group" or "try calling in a few weeks" responses.  I contacted USCIS again today, and the tier 2 agent told me that the case was already returned to NVC on September 6th (another conflicting event/date).  She said their was no information as to why it was returned.  The CSC has not replied with a reason for the second return, and no one has told us what we need to do to resolve this.  We have never received any notice of rejection, or any inquiry for information.  I have an appointment with the local Chicago office in a week.  We have also tried calling the embassy, but they say they cannot help until NVC sends them the application.  All this time my fiance has been in Japan waiting since we applied.  I visit a few times each year, but it is expensive and we both have full time jobs.  She was teaching English, but she finished teaching end of March (in anticipation of the visa, after the February approval).  Now she is doing temp work until this is resolved.  Our wedding is in November, and at this point we plan to have a ceremony, but not to sign any documents.  Weddings are not legally binding in Japan.  It takes a separate courthouse visit.

 

This is truly heartbreaking.  It is embarrassing to explain the ineffectiveness and inefficiency of our government to my fiance.  She is horrified that they would treat law abiding citizens with such disregard.  Neither of us has anything that could possibly be grounds for rejection, and I am confident this is some type of administrative error.  I believe it has something to do with NVC having the wrong information, but there does not seem to be anyway to get them to audit their computer system.  They absolutely refuse to even check the I-129f, because according to them I am the one with the wrong information for the privacy questions!

 

Has anyone heard of anything like this? Does anyone have any ideas? PLEASE HELP

[TNJ17 1,329]

Sorry this happened. I honestly do t think you’re getting nowhere on your own and it’s time to get your congressman involved. Have them call USCIS and get a straight answer out of them. 

 

You are are not allowed to get married (or have any kind of ceremony) before the beneficiary enters the US on the K1. If you wanna continue with this ceremony, you must give up on the K1, get married for real and file for CR1. If you do this ceremony and continue with the K1, she will be denied a visa at the interview because they will see this as a real wedding and she will be deemed too married for a K1. 

[TNJ17 1,329]

If you run a simple search on this website you will see how many people have been denied for having an unofficial ceremony and tried to enter on a K1. Not worth it. 

[TNJ17 1,329]

Also, rule number 1 of K1 visa: never make any plans until visa in hand. 

[Adam&Ayumi 1]

7 minutes ago, TNJ17 said:

Sorry this happened. I honestly do t think you’re getting nowhere on your own and it’s time to get your congressman involved. Have them call USCIS and get a straight answer out of them. 

 

You are are not allowed to get married (or have any kind of ceremony) before the beneficiary enters the US on the K1. If you wanna continue with this ceremony, you must give up on the K1, get married for real and file for CR1. If you do this ceremony and continue with the K1, she will be denied a visa at the interview because they will see this as a real wedding and she will be deemed too married for a K1. 

I didn't realize that Congressmen had any authority over USCIS.  I will try this right away.

 

I thought this only applied to legally binding weddings.  I didn't realize that this would apply to a ceremony.  We thought we were safe when we applied July 2017 for a November 2018 wedding.  I need to talk to her right away.  We need to decide what to do, but we have lots of non-refundable expenses right now.  Thank you for the heads up.

[geowrian 22,344]

2 minutes ago, Adam&Ayumi said:

I didn't realize that Congressmen had any authority over USCIS.  I will try this right away.

They don't, but they can make an inquiry on your behalf. They can't change or influence any decisions, though.

[TNJ17 1,329]

5 hours ago, Adam&Ayumi said:

I didn't realize that Congressmen had any authority over USCIS.  I will try this right away.

 

I thought this only applied to legally binding weddings.  I didn't realize that this would apply to a ceremony.  We thought we were safe when we applied July 2017 for a November 2018 wedding.  I need to talk to her right away.  We need to decide what to do, but we have lots of non-refundable expenses right now.  Thank you for the heads up.

They don't really. They can just make an inquiry and if your case is just sitting there and no one has touched it it will make it go faster. But if there is a problem with your application they can't fix it. But they can find out stuff.

 

For some reason it is a very common mistake that so many K1 people make. It seems very common sense to me so I don't understand why people are always thinking a ceremony is no big deal. In the eyes of USCIS, it is. There are several people on this website who have had engagement parties and got a denied K1 because USCIS thought it was a wedding. It doesn't matter if it's official or not. It will get you a denial. But it's a coulda, woulda, shoulda situation for you now. If you don't wanna cancel it and lose all the money you've put in, your best course is to withdraw the K1, get married for real, and apply for CR1. It will however, take 14-16 months from date of filing though.

[Adam&Ayumi 1]

UPDATE: Well, after 8 months of banging our heads against a wall, we finally have some progress.

 

I called USCIS and NVC twice a week with the same "we can't help you response."  I emailed asknvc@state.gov, nvcresearch@state.gov, support@ustraveldocs.com, my congressman, a senator, and any other email I could find.  Maybe, 20 emails in total.  Each time, the reply was, "Dear Sir/Madam, we can't help you." I visited my local USCIC office twice with no success.  Then last Thursday, we received a reply from asknvc@state.gov.  "Dear Sir/Madam, your correct case # is XXXXXX." It had a case #, my name and info, her name and info; all correct.... I didn't want to get my hopes up.  So, this morning, I called NVC for the 60th something time... They asked for my info for privacy verification, like always. I gave it..... "Okay, how can I help you today?"........... They corrected it. I was ecstatic.  I asked if the agent could tell me by what process the information was corrected.  They stated that there was a note, "birth date corrected......"  That's it.  No date.  No explanation.  I am not sure which email did it.  They would never even speak to me on the phone, because I answered the privacy verification information "wrong".  Either way, it is suddenly corrected.  The agent provided me with my invoice number, and explained the next steps in the process.  We aren't out of the woods yet, but at least the case is finally moving forwards.

 

If anyone else ever has this issue again, I hope your issue can be solved quickly.  I don't think there is an official channel to get this info corrected.  I believe that their process is deficient in this regard.  Just try the shotgun approach. Call everyone, email everyone, keep pushing, get lucky when someone at NVC finally actually reads your email.  I wish I had a better answer.  Does anyone know if there is an official NVC feedback process?  Email or letter?  I would like to submit to them that they need to develop a process for correcting information that was input manually by their staff into their computer system.  Because, impacting two people's lives for an additional 8 months is insane.  Not hate mail.  Legitimate process feedback.

 

Anyway, please wish us luck.  According to the agent, the file hasn't left NVC yet, but it is destined for the embassy.  We should "hear from the embassy shortly......" Sounds like famous last words......