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badwolfxi

Case transferred to vsc for possible suspected awa related case? [merged threads]

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evli1966 Rising Star

evli1966   88

Posted
Filed: K-1 Visa Country: Philippines
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Posted
6 hours ago, badwolfxi said:

Thanks for the info... What you two have been through is so unfair but I'm glad you're together now. I don't know if her and I can do the same. we're both almost 30, plan on having kids...

We've already talked about plan B, she's a Filipino working in Qatar and I could easily move to her. But we just don't want to give up plan A until we know for sure if it's AWA.

FYI the law doesn't stipulate age gap just if arrested or convicted of the crime. I would recommend an attorney for advice. The age gap could be discussed in the waiver.

Also, having children before she is here is not recommended.

I appreciate the empathy and wish things were faster for us however, I also understand my previous choices an actions were the cause.

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  • TBoneTX changed the title to Case transferred to vsc for possible suspected awa related case? [merged threads]
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Villanelle
Villanelle

https://www.uscis.gov/sites/default/files/document/memos/supp-guidance-adam-walsh-actpdf.pdf   This may be outdated but I think its still applicable. It explains the overall process for tran

Lemonslice
Lemonslice

Usually, it is AWA, or not.  What would be "borderline AWA"?

Villanelle
Villanelle

I also wanted to drop this link for you- https://fightawa.org/uscis-awa-decision-pdf-files It is an attnys website that does advertise their services but it also provides a lot of information on vario

TBoneTX Grand Master

TBoneTX   43,022

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Continuation thread and OP's original thread have been merged.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Villanelle Experienced

Villanelle   4,121

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https://www.uscis.gov/sites/default/files/document/memos/supp-guidance-adam-walsh-actpdf.pdf

 

This may be outdated but I think its still applicable. It explains the overall process for transferring cases suspected of AWA and what you can expect. The first service center is suppose to do a general review and if anything can even remotely fall under AWA they transfer it to VSC to look at further. So it seems thats where you are at. Its going to be very hard to estimate processing times because processing times are posted as a general information courtesy and arent binding for them to actually process in said time frame. You also have to consider the processing times for VSC cover a variety of cases at VSC. Your case will be going to the special division and there are no posted processing times for that division just a general processing time for VSC as a whole. IMO you are at page 4 of the pdf. VSC needs to determine if you are subject to AWA review and adjudication. I would expect your next correspondence from them to be the biometrics request. Although they can just send the NOID or determine its not AWA w/o biometrics- but usually they ask for biometrics to make sure there is nothing else you havent disclosed and/or to confirm the details you did disclose. 

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Villanelle Experienced

Villanelle   4,121

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Filed: Timeline
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I also wanted to drop this link for you- https://fightawa.org/uscis-awa-decision-pdf-files It is an attnys website that does advertise their services but it also provides a lot of information on various aspects of the process. If you havent checked it out I strongly suggest you do. You may even want to contact the attny as it says they will do a free case assessment.  . 

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badwolfxi Contributor

badwolfxi   54

Posted
Filed: K-1 Visa Country: Qatar
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2 hours ago, Villanelle said:

I also wanted to drop this link for you- https://fightawa.org/uscis-awa-decision-pdf-files It is an attnys website that does advertise their services but it also provides a lot of information on various aspects of the process. If you havent checked it out I strongly suggest you do. You may even want to contact the attny as it says they will do a free case assessment.  . 

Appreciate your responses, very helpful. I just sent the attorney an email.

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badwolfxi Contributor

badwolfxi   54

Posted
Filed: K-1 Visa Country: Qatar
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Posted

Got an update, I spoke on the phone with the attorney for about an hour. We're thinking we can win this one and we have many ways we can back it up. I decided to go ahead and retain them, I will be signing the contract on Monday. It's not too expensive, $3700 for the waiver, and if we have to appeal, an additional 1500-2000$.

 

We will start early preparing the waiver so that when we receive the noid from vsc, we will be ready to respond.

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TBoneTX Grand Master

TBoneTX   43,022

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

Keep us apprised.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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badwolfxi Contributor

badwolfxi   54

Posted
Filed: K-1 Visa Country: Qatar
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Posted
4 hours ago, Genesisfan said:

You mean ”keep us updated?”

So your case got transferred nearly 15 months ago and you have not received any correspondence at all from Vermont Service Center?

 

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Genesisfan Contributor

Genesisfan   10

Posted
Filed: K-1 Visa Country: Thailand
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Posted

Our immigration attorney submitted K-129f in April 2018 case was transferred to Vermont in July 2018.  We are still waiting for RFE or approval. The case has not been adjudicated or assigned to a case officer. My fiance & I have almost given up, it is out of our control and now in Jesus' hands.

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badwolfxi Contributor

badwolfxi   54

Posted
Filed: K-1 Visa Country: Qatar
 Timeline
  • Author
Posted

Little update, the attorney reviewed my case, went over the police report and wanted to speak with me. Over the phone they said that my arrests will not fall under awa, and that their plan is to send the Vermont service center a legal memorandum as soon as possible so they get it before vsc decides to send a noid. According to the attorney, this should trigger them to approve the case and have it move forward.

 

They are also going to be preparing my fiancée with a packet to bring to her interview when we get to that stage.

 

All in all, we are ecstatic to hear this news, and hoping that we still have a chance at this.

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Dale. Enthusiast

Dale.   264

Posted
Filed: K-1 Visa Country: New Zealand
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Posted
On 10/11/2020 at 9:14 AM, Genesisfan said:

Our immigration attorney submitted K-129f in April 2018 case was transferred to Vermont in July 2018.  We are still waiting for RFE or approval. The case has not been adjudicated or assigned to a case officer. My fiance & I have almost given up, it is out of our control and now in Jesus' hands.

Dont you mean 2019?

11 hours ago, badwolfxi said:

Little update, the attorney reviewed my case, went over the police report and wanted to speak with me. Over the phone they said that my arrests will not fall under awa, and that their plan is to send the Vermont service center a legal memorandum as soon as possible so they get it before vsc decides to send a noid. According to the attorney, this should trigger them to approve the case and have it move forward.

 

They are also going to be preparing my fiancée with a packet to bring to her interview when we get to that stage.

 

All in all, we are ecstatic to hear this news, and hoping that we still have a chance at this.

I wish you much luck

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