NOA2 past due, what to think?

[portorusa 431]

A question to the experienced here: If it takes too long between NOA1 and NOA2 and your case is clearly past due (comparing to other VJ cases with later PD that get approved but you are still waiting), does that mean that USCIS works on your case, but your case is too complicated and/or trigger special attention (red flag, whatever) in the eyes of USCIS?

 

In other words, if it takes abnormally long, does that mean that you should wait for an imminent RFE rather than a late approval?

 

I just don't know what to think....

[SalishSea 17,928]

13 minutes ago, portorusa said:

A question to the experienced here: If it takes too long between NOA1 and NOA2 and your case is clearly past due (comparing to other VJ cases with later PD that get approved but you are still waiting), does that mean that USCIS works on your case, but your case is too complicated and/or trigger special attention (red flag, whatever) in the eyes of USCIS?

 

In other words, if it takes abnormally long, does that mean that you should wait for an imminent RFE rather than a late approval?

 

I just don't know what to think....

Not necessarily.  Hence, why there is a date range ("8-12 months"), rather than a fixed date for when to expect approval.  Are you past the official date of enquiry?

[Duke & Marie 1,389]

13 minutes ago, portorusa said:

A question to the experienced here: If it takes too long between NOA1 and NOA2 and your case is clearly past due (comparing to other VJ cases with later PD that get approved but you are still waiting), does that mean that USCIS works on your case, but your case is too complicated and/or trigger special attention (red flag, whatever) in the eyes of USCIS?

 

In other words, if it takes abnormally long, does that mean that you should wait for an imminent RFE rather than a late approval?

 

I just don't know what to think....

Nah, it’s the luck of the draw... and depends if filed by a USR or USC, your nov at TSC, they are currently processing residents with PD Dec and Citizens with PD Aug 2018.

[wbeem 568]

All it means is that the work load of USCIS is terribly unbalanced between the various service centers. 

When we applied for K1 it took nine months to get our NOA2. Yup, NINE months. Meanwhile those lucky enough to live in a state to file at a different service center were getting approvals within DAYS to two weeks.  We did eventually get approved. No RFE. No interview. 

I've just removed conditions on my permanent residence. Filed in March last year. Everyone waits for this one but people who filed in July are getting approved and my case got approved a week ago. No RFE. No Interview.  

Like @Duke & Marie says. Luck of the draw. 

[portorusa 431]

Thanks for the responses! Whatever the USCIS says about their processing times, is a bs for me. I am inclined to believe the reality, i.e. the VJ members timelines. And yes, I understand the difference between say, Potomac and Nebraska😀.What I see among my I-130 fellas of TSC following their timelines, is what VJ told me in its weekly email, Your approval is past due.

Who can explain, how does it work there, and what is the point in the « Priority Date » then??

[HRQX 4,145]

4 minutes ago, portorusa said:

what is the point in the « Priority Date » then??

It only has meaning for preference based categories: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-july-2019.html When in a preference based category, applicants must wait until both the I-130 is approved and the priority date is current.

 

Fortunately, the number of Immediate Relative (IR) Visas is not limited each fiscal year.

Edited July 2, 2019 by HRQX

[portorusa 431]

Sorry for making myself unclear. 

I am talking about CR-1 visa, there is no wait for the visa number to become available.

I am talking about comparing similar cases, of the same category, the same processing center, and the same PD month.

 

[portorusa 431]

If I knew it back in November (my PD is 11/14/18) that it’s gonna be a « stuck case» scenario, I would have filed a 129F for K3 right after my I-130. Just for acceleration, what the heck.

[HRQX 4,145]

4 minutes ago, portorusa said:

I would have filed a 129F for K3 right after my I-130. Just for acceleration, what the heck.

Straight from USCIS; https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas:

Quote

If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa. This occurs in the vast majority of cases.

Nowadays, the I-129F being administratively closed is to be expected for K-3 attempts.

[portorusa 431]

That’s the whole point. K3 gets denied, and I-130 approved. Right there!

[DGF 730]

A "delayed" NOA2 could mean that your case triggered a name or background check. It could mean that you're on a slow officers desk. It could mean your case is lost. It likely means nothing. Unfortunately no one here is going to be able to tell you why. Only USCIS can tell you why and only after your case is outside of normal processing, if you're lucky. Ignore the VJ stats, they can only give you an estimate based on the average case. Every case is different and comparing your case to others is just going to make you feel awful. 

TSC has slowed down considerably over the past few weeks and as a result there are still plenty of October and November filers still waiting. Heck, 25% of cases around our PD in September are still waiting (including us) if the case tracker app is anything to go by. As hard as it is, try to distance yourself from the process until the date on which you can make an inquiry. The impact that radio silence from USCIS has on your mental health is no joke so lean on your spouse or people here who understand what you are going through as much as you need to to keep yourself sane. Chances are your case is totally normal and you'll hear something once TSC starts picking up speed again.

 

PD dates don't really mean anything for CR1 cases when the sponsor is a USC because that is not a limited category, but they are given to us regardless (likely because we use the same process as categories that are limited and it's easier to give everyone numbers even if they don't need them than to keep track of who does and doesn't need one). Oh, and a longer case doesn't mean you should wait for an imminent RFE, plenty of cases are approved without RFE after a long wait  

[DGF 730]

23 minutes ago, portorusa said:

If I knew it back in November (my PD is 11/14/18) that it’s gonna be a « stuck case» scenario, I would have filed a 129F for K3 right after my I-130. Just for acceleration, what the heck.

This is a very new trick and so far the only evidence of it happening is at Nebraska which is severely behind. Filing it when you filed would not have made a difference. Filing it now would just be extra paperwork for you since they are taking at least 3 months to process, if TSC even treats them like Nebraska has been in the first place. 

Edited July 3, 2019 by DGF

[portorusa 431]

Thank you, DGF! Exactly what I wanted to know.

[Duke & Marie 1,389]

 

6 hours ago, DGF said:

PD dates don't really mean anything for CR1 cases when the sponsor is a USC because that is not a limited category, but they are given to us regardless (likely because we use the same process as categories that are limited and it's easier to give everyone numbers even if they don't need them than to keep track of who does and doesn't need one). Oh, and a longer case doesn't mean you should wait for an imminent RFE, plenty of cases are approved without RFE after a long wait  

 

PD still matters for CR1.. like everyone else our I130 still needs to be processed at USCIS.. it’s only when it gets to NVC that being the spouse of a citizen Has its advantages, because unlike residents we don’t need to wait in line for the visa to become available.

 

Edited July 3, 2019 by Duke & Marie
Typo

[Jeanne Adil 1,651]

your receipt is dated for november 2018

not really too long yet

just be glad it is Texas and not Nebraska doing the work