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PhantomLamb

K-1 Visa Case Returned from Embassy to NVC?

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Hello,

 

First time posting so sorry for any double posts/wrong forums.

 

My fiancee and I just had our "interview" at the U.S. Embassy in Bogota, Colombia yesterday to discover that our case was sent back to the NVC back in November 2018.  Some background information:

 

We started on the K-packet back in November 2017 but had to delay the process due to me getting some things arranged in my personal life that took around a year to resolve.  We both decided that we would wait this out and continue our relationship to pursue marriage using the K1 visa.  During this time, our immigration lawyer had filed three extensions for us to present ourselves to the embassy.  The first was scheduled to September 2018, the second, December 23, 2018, by which time we were back to submitting the necessary paperwork.  In each petition for an extension, our lawyer clearly explained our decision to wait to marry and that we were indeed still moving forward with our relationship.  We had informed the consulate of our intentions of continuing the process and the legitimacy of our relationship in addition to a letter of intent from both of us explaining the delays.  

 

In January of this year, we set our interview date, March 4, 2019, with no problems.   As a precautionary measure, our lawyer asked for a final extension with us, which was granted until March 31, 2019.  She clearly stated we would be presenting ourselves for the interview and our relationship was valid.  All of these extensions were confirmed by the Embassy.

 

However, the Friday before our interview, March 1, my fiancee received a call at 5 PM stating that our case had been sent to the NVC back in November 2018.  She stated that she sent my fiancee an email regarding this.  We searched high and low but found nothing.  We decided to present ourselves at the embassy anyways only to get the same response from both a official and supervisor so we left empty handed.  Both were confused as to why our petition was sent back to the NVC and recommended we get in touch with them.

 

Yesterday, I managed to get through to the NVC and spoke to a gentleman that was equally confused as to why they had our case.  He stated that this was still "processing" and would be sent back for revalidation to the USCIS.  I know there is no way to expedite these things, but to think that this has been processing since November seems a bit extreme.  Does it seem like our case got lost?  Is this USCIS just going to throw our case out?  I have reached out asking to see if a supervisor can look into this to see if, at the least, it can be pushed to the USCIS.  Our lawyer has also written a similar request.

 

At this point, my fiancee and I are exhausted physically and emotionally from the toll this has taken on us.  I am assuming that this has been sent back because they may have doubted the legitimacy of our relationship due to our decision to wait to marry until things in our personal lives were resolved which took some time.  

 

What would be our best bet at this point (I know this isn't an easy question to answer)?  We were planning on getting married next month but that's ruined now.  Would a K3 seem like a better bet at this point?  Since our K1 application seems trapped at the NVC, can we even start a new one?  Should we wait it out?  I've tried to ask some of the Senators from the state of Pennsylvania to look into our case, which one replied and said she would.  To me, our only other option is for me to apply for Permanent Residency in Colombia and I'm not sure what this would require.

 

Appreciate the help, feel free to PM me and I can provide any additional files/proof.   We made sure to have everything well documented.

 

Thanks,

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2 hours ago, PhantomLamb said:

Hello,

 

First time posting so sorry for any double posts/wrong forums.

 

My fiancee and I just had our "interview" at the U.S. Embassy in Bogota, Colombia yesterday to discover that our case was sent back to the NVC back in November 2018.  Some background information:

 

We started on the K-packet back in November 2017 but had to delay the process due to me getting some things arranged in my personal life that took around a year to resolve.  We both decided that we would wait this out and continue our relationship to pursue marriage using the K1 visa.  During this time, our immigration lawyer had filed three extensions for us to present ourselves to the embassy.  The first was scheduled to September 2018, the second, December 23, 2018, by which time we were back to submitting the necessary paperwork.  In each petition for an extension, our lawyer clearly explained our decision to wait to marry and that we were indeed still moving forward with our relationship.  We had informed the consulate of our intentions of continuing the process and the legitimacy of our relationship in addition to a letter of intent from both of us explaining the delays.  

 

In January of this year, we set our interview date, March 4, 2019, with no problems.   As a precautionary measure, our lawyer asked for a final extension with us, which was granted until March 31, 2019.  She clearly stated we would be presenting ourselves for the interview and our relationship was valid.  All of these extensions were confirmed by the Embassy.

 

However, the Friday before our interview, March 1, my fiancee received a call at 5 PM stating that our case had been sent to the NVC back in November 2018.  She stated that she sent my fiancee an email regarding this.  We searched high and low but found nothing.  We decided to present ourselves at the embassy anyways only to get the same response from both a official and supervisor so we left empty handed.  Both were confused as to why our petition was sent back to the NVC and recommended we get in touch with them.

 

Yesterday, I managed to get through to the NVC and spoke to a gentleman that was equally confused as to why they had our case.  He stated that this was still "processing" and would be sent back for revalidation to the USCIS.  I know there is no way to expedite these things, but to think that this has been processing since November seems a bit extreme.  Does it seem like our case got lost?  Is this USCIS just going to throw our case out?  I have reached out asking to see if a supervisor can look into this to see if, at the least, it can be pushed to the USCIS.  Our lawyer has also written a similar request.

 

At this point, my fiancee and I are exhausted physically and emotionally from the toll this has taken on us.  I am assuming that this has been sent back because they may have doubted the legitimacy of our relationship due to our decision to wait to marry until things in our personal lives were resolved which took some time.  

 

What would be our best bet at this point (I know this isn't an easy question to answer)?  We were planning on getting married next month but that's ruined now.  Would a K3 seem like a better bet at this point?  Since our K1 application seems trapped at the NVC, can we even start a new one?  Should we wait it out?  I've tried to ask some of the Senators from the state of Pennsylvania to look into our case, which one replied and said she would.  To me, our only other option is for me to apply for Permanent Residency in Colombia and I'm not sure what this would require.

 

Appreciate the help, feel free to PM me and I can provide any additional files/proof.   We made sure to have everything well documented.

 

Thanks,

Did you talk to your lawyer? I mean, she's the one who extended the whole process, she should be the one taking action right now. That's what you pay her for.

 

K3 is obsolete, (almost) all of them get converted to CR1. 

 

Wait what the congressman and your lawyer say before you get married, since that would make you completely inadmissible for K1.  

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Ok, so as an update, the embassy got back in touch with us recognizing their error and we just had our interview today.

 

The officer interviewing my fiancee took all her papers + passport but said that they needed to do some internal processing and weren't able to issue the visa today.  However, he said the ASC should be calling with the response tomorrow or within the coming business days.

 

From what I assume and the advice our lawyer had given us, it seems like we are in good shape.  Trying to be cautiously optimistic based on all the ups and downs we have had.

 

Has this ever happened to anyone else?

 

Thanks,

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30 minutes ago, PhantomLamb said:

Ok, so as an update, the embassy got back in touch with us recognizing their error and we just had our interview today.

 

The officer interviewing my fiancee took all her papers + passport but said that they needed to do some internal processing and weren't able to issue the visa today.  However, he said the ASC should be calling with the response tomorrow or within the coming business days.

 

From what I assume and the advice our lawyer had given us, it seems like we are in good shape.  Trying to be cautiously optimistic based on all the ups and downs we have had.

 

Has this ever happened to anyone else?

 

Thanks,

Visas are never issued the same day as the interview,  they all go through some form of after interview administrative processing 


YMMV

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Just now, payxibka said:

Visas are never issued the same day as the interview,  they all go through some form of after interview administrative processing 

I understand that.  However, couples before us were notified that it was a "yes" to get the visa even though they didn' t have it in their hands physically.

 

We didn't get that.  They took her papers and passport and the gentleman recognized our case as the "messed-up" one.

 

As the turn around for the interview was so quick, I'm curious if our case is still at the NVC as opposed to the embassy and that is the "data processing" that they need to do.

 

All in all, I'm hopeful since they took all her documents and the interview seemed to go well that it is just an internal debacle that can be sorted out quickly.  Hoping we get the call from the ASC tomorrow.

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6 minutes ago, PhantomLamb said:

I understand that.  However, couples before us were notified that it was a "yes" to get the visa even though they didn' t have it in their hands physically.

 

We didn't get that.  They took her papers and passport and the gentleman recognized our case as the "messed-up" one.

 

As the turn around for the interview was so quick, I'm curious if our case is still at the NVC as opposed to the embassy and that is the "data processing" that they need to do.

 

All in all, I'm hopeful since they took all her documents and the interview seemed to go well that it is just an internal debacle that can be sorted out quickly.  Hoping we get the call from the ASC tomorrow.

They are not shy about giving the passport back at the end of the interview.   They kept it and that is a good thing 


YMMV

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2 minutes ago, payxibka said:

They are not shy about giving the passport back at the end of the interview.   They kept it and that is a good thing 

That's what I thought too.  She also got a sheet stating her rights as a US citizen/marrying me.  Thinking that's a good sign.

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I just looked back at our email from the embassy rescheduling our interview and noticed the following: 

 

Mr. Lang,

Thank you for contacting Embassy Bogota’s Immigrant Visa Unit.  Please accept our sincere apologies as your fiancée’s case was transferred in error to the National Visa Center.  We have recalled the case and a member of our team will contact your finance momentarily to reschedule her appointment.  Thank you for your patience.

 

I wonder if this is the "data processing" that the embassy told my fiancee they needed to do yesterday and as to why they couldn't approve the visa yet?

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