After 3 years,i can try to reschedule an interview

[dayana1988 4]

Guys so 3 years ago,my fiances visa was not approved so they told him try again in 3 more years,its been three more years,the case status says is open and was not destroyed, so a lawyer give me the number where i can call and sent a request for a second interview approval,it's  been 3 weeks ,i have submitted  2  different requests already,they only last 10 days and you got to resubmit  another one,until you get an answer,did anyone ever had something similar..? Please if you don't  want to help. Don't  reply...

[payxibka 10,044]

Just now, dayana1988 said:

Guys so 3 years ago,my fiances visa was not approved so they told him try again in 3 more years,its been three more years,the case status says is open and was not destroyed, so a lawyer give me the number where i can call and sent a request for a second interview approval,it's  been 3 weeks ,i have submitted  2  different requests already,they only last 10 days and you got to resubmit  another one,until you get an answer,did anyone ever had something similar..? Please if you don't  want to help. Don't  reply...

Who did you send the request to?

[dayana1988 4]

I went to see a lawyer,and she give me like a direct line to nvc customer services, i give them the case # all the info,and ofcourse they first check if the case its open or destroy .my case is opeN and they submitted  the request for a 2 interview, unfortunately  there's  no time  frame.

[payxibka 10,044]

It will be interesting to see the result of your inquiry as one thing not in your favor is the validity period of the approved petition which can only be extended up to one year by the consulate.  In addition,  your submitted evidence for a face to face meeting within the previous two years has long expired, essentially rendering the approval obsolete 

Edited January 13, 2020 by payxibka

[dayana1988 4]

Exactly  what the lawyer told me.but as long as a. Case is open,and was not destroyed  after 2 years,is very possible...so yes i hope so.will see

[payxibka 10,044]

1 minute ago, dayana1988 said:

Exactly  what the lawyer told me.but as long as a. Case is open,and was not destroyed  after 2 years,is very possible...so yes i hope so.will see

Just remember the ultimate decision maker is the consulate and not NVC.  Even if NVC ships the petition, an interview can still be refused by the consulate 

[dayana1988 4]

Well i will either get a yea or no.but i just need an answer so that i know how to proceed ..to the next step

 

[Boiler 43,569]

Why the 3 years?

[SmallTownPA 71]

Since the OPs Country is Mexico my guess is that someone had a 3 year entry ban for unlawful presence.

 

I highly doubt that the Consulate will look at a 3 year old case.. everything is expired and by the law the I-129F expires after 4 months and I HIGHLY doubt that a CO is going to go back, every 4 months for 3 years and keep it open in the system.

 

I guess you could look up your case in CEAC and maybe the NVC has it? 

 

 

[Just Paul 4,591]

It is odd on a K1 case for NVC to hold it unless it was never sent to the consulate.  If NVC did hold it then it can very well still be "alive".  I'm curious to know what the CEAC status is.

 

On 1/13/2020 at 9:33 AM, payxibka said:

In addition,  your submitted evidence for a face to face meeting within the previous two years has long expired, essentially rendering the approval obsolete 

They could have updated evidence.  Plus that is the requirement for USCIS to approve the petition.  USCIS would rarely revoke the petition once it goes to NVC.

 

I have seen weird things with previous holders of H2A visas.  

 

OP was the beneficiary an agricultural worker?

[SmallTownPA 71]

Agreed.  CEAC status is really needed.  My guess is that it may just say something like 'administrative processing' or some other generic reason.

 

I'm 90% sure OP someone has a 3 year ban (that's the ONLY reason why I can think of there being a mention of 3 years, they were caught on an overstay and voluntarily left) and that would mean previous overstay/visa fraud. 

 

Are Waivers of the Three- and Ten-year Bars Available?

A waiver of the three- or ten-year bar is available, if the visa applicant is the spouse or child of a U.S. citizen or the spouse or child of an LPR and only if the visa applicant can prove that the bar would result in “extreme hardship” to the applicant’s citizen or permanent resident spouse or parent. Hardship to the immigrant is not a factor, and hardship to the immigrant’s children is not a factor (even if the children are U.S. citizens).

 

I doubt this would apply or even be available... 601 waivers are not that easy to get.  'Extreme hardship' is taken quite literally.

Edited January 21, 2020 by SmallTownPA