FOIA request for DS-160

[pigrew 34]

We recently submitted a FOIA request to the US Department of State for our submitted DS-160 forms (which we didn't save) so that we can make sure that they are consistent with reality and our I-130/I-485 (in preparation for an AoS interview).

 

For personal information from the Department of State,  the FOIA request must be either by mail or fax, and must either have a notarized signature or a signed statement that the information is correct (we did both). I've not been able to find any examples online of these FOIA requests, so I'm attaching what we wrote here. If not notarized, you must include a copy of an un-expired government-issued ID. The envelope should say "Freedom of Information Act Requst"

 

We included copies of the visas and passport info page. We tried to include as much info as we had which would help them locate the records.

 

If anyone has tried to get a DS-160 copy, were you able to get it? How long did it take?

 

Edited March 2, 2021 by pigrew

[millefleur 5,047]

This is a great idea. Please update us on how it goes. We saved a copy of my husband's DS-260 for the CR-1 way back in the day but we never did so with the DS-160 when he applied for a tourist visa. Are you sure the DOS would have copies of it and not the consulate/embassy abroad?

[pigrew 34]

47 minutes ago, millefleur said:

This is a great idea. Please update us on how it goes. We saved a copy of my husband's DS-260 for the CR-1 way back in the day but we never did so with the DS-160 when he applied for a tourist visa. Are you sure the DOS would have copies of it and not the consulate/embassy abroad?

Truthfully, I don't know if we did it properly or not, but above is my best effort at following the proper procedures. The DoS website does say to submit requests about non-immigrant visa records (filed since 1940) to the above address. DS-260 probably would go to USCIS, with a different procedure. In-progress visa requests would be sent to the embassy or consulate.

 

Things we didn't do:

1. Provide an Alien-number
2. State we want a copy of the filed DS-160. I hope they don't just send us a blank form.
3. Use certified mail (we just used normal first class)

Our interview is in a month, and I'm not optimistic about receiving a reply before then.

 

PS: For I-94 forms, one would request them from CBP, which can be done electronically. We don't have all of the I-94 forms, and hope that it won't cause any issues. I'm assuming USCIS has requested all this information anyway, so even if we say we don't have the exact dates, they'll know what was recorded (except for a brief trip out of the country by land which we have passport stamps for).

[JD2 72]

On 3/2/2021 at 3:38 PM, pigrew said:

Truthfully, I don't know if we did it properly or not, but above is my best effort at following the proper procedures. The DoS website does say to submit requests about non-immigrant visa records (filed since 1940) to the above address. DS-260 probably would go to USCIS, with a different procedure. In-progress visa requests would be sent to the embassy or consulate.

 

Things we didn't do:

1. Provide an Alien-number
2. State we want a copy of the filed DS-160. I hope they don't just send us a blank form.
3. Use certified mail (we just used normal first class)

Our interview is in a month, and I'm not optimistic about receiving a reply before then.

 

PS: For I-94 forms, one would request them from CBP, which can be done electronically. We don't have all of the I-94 forms, and hope that it won't cause any issues. I'm assuming USCIS has requested all this information anyway, so even if we say we don't have the exact dates, they'll know what was recorded (except for a brief trip out of the country by land which we have passport stamps for).

Did you ever get the FOIA response?

[pigrew 34]

On 12/31/2021 at 4:28 AM, JD2 said:

Did you ever get the FOIA response?

Yes, we did get it (though we didn't need it in the end)....

It took a few months to receive the documents (I didn't take note of the delivery date). About 6 weeks after the request, we did receive a letter than the FOIA request was in queue.

[Allaboutwaiting 2,503]

4 hours ago, pigrew said:

Yes, we did get it (though we didn't need it in the end)....

It took a few months to receive the documents (I didn't take note of the delivery date). About 6 weeks after the request, we did receive a letter than the FOIA request was in queue.

It is funny that you replied 445 days after the question was asked. 😁

[TBoneTX 45,536]

9 hours ago, Allaboutwaiting said:

It is funny that you replied 445 days after the question was asked. 

I think it's commendable at any time.  People here want closure.