How do I contact USCIS about being outside processing times for a I-130 petition?

[Denglish Love 4]

I submitted I-130 petition for my husband (who is German & lives in Germany) & received a receipt notice August 29, 2021. Our petition was sent to Nebraska Service Center. I have received no mail and no update on our online account from USCIS. I check the USCIS processing times weekly, which says, as of today, they are working on I-130 petitions for NSC for September 6, 2021. I tried to click on their link to inquire about my petition being outside normal petition time, but every time I click on it I get an error message saying "502 bad gateway." I waited another week thinking it was something they were working on, but nothing has changed. What do I do next? Do I contact USCIS & if so how do I do that? Visa Journey says that my I-130 estimated approval should be the end of June, which is closer to when I thought it would be approved. Can someone please help me with what I should do next? 

[Redro 4,611]

Have you confirmed through Ask Emma (the online chat) that your petition is still at Nebraska?

Our NOA1 also stated Nebraska but after 4 months or so I discovered we had been transferred to Vermont. 

Go to the USCIS site and type in "Live Agent" during the week. I think you'll be able to contact someone between 9am and 6pm EST. 

Be aware even if you are outside processing times that won't result in a speedy approval.

 

 

[CMJuilland 485]

Sometimes, USCIS’s website has some quirks, so granted your petition is still at Nebraska, try again today, and definitely use the “live agent” chat option. 

When I had a case outside normal processing times a few years ago, USCIS was, unfortunately but not surprisingly, quite unhelpful, so after exhausting all channels, we went to our congressman’s office, and after their official inquiry, I miraculously got approved…  However, we didn’t choose this avenue lightly; we tried literally everything with USCIS first, but after several weeks or months past the mark, we just didn’t see any other way.  Again, I’m not saying this is the way to go from the get-go, but it is an additional option should all else fail (with no guarantee, of course, that there will be any results). 

I hope you’ll some more insight - and of course your approval - soon. Best of luck! 

[Denglish Love 4]

Yes, I have tried to use Ask Emma, but she just recommends My Case Status USCIS page, which I can't find any information of my service center there. Does USCIS normally tell you if your service center has been changed? I haven't received anything in the mail about it. How did you discover yours was transferred? I will try to contact a Live Agent. I don't expect a speedy approval, but I would like answers about why our petition is outside our service center processing time. 

[Denglish Love 4]

On 4/4/2022 at 2:47 PM, CMJuilland said:

Sometimes, USCIS’s website has some quirks, so granted your petition is still at Nebraska, try again today, and definitely use the “live agent” chat option. 

When I had a case outside normal processing times a few years ago, USCIS was, unfortunately but not surprisingly, quite unhelpful, so after exhausting all channels, we went to our congressman’s office, and after their official inquiry, I miraculously got approved…  However, we didn’t choose this avenue lightly; we tried literally everything with USCIS first, but after several weeks or months past the mark, we just didn’t see any other way.  Again, I’m not saying this is the way to go from the get-go, but it is an additional option should all else fail (with no guarantee, of course, that there will be any results). 

I hope you’ll some more insight - and of course your approval - soon. Best of luck! 

I will try every avenue through USCIS first and then if that doesn't work I will contact my congress person. Did you write a email to your congress person or call the office? I didn't even think of writing a letter to them, but thank you for that recommendation.

[Redro 4,611]

29 minutes ago, Denglish Love said:

Yes, I have tried to use Ask Emma, but she just recommends My Case Status USCIS page, which I can't find any information of my service center there. Does USCIS normally tell you if your service center has been changed? I haven't received anything in the mail about it. How did you discover yours was transferred? I will try to contact a Live Agent. I don't expect a speedy approval, but I would like answers about why our petition is outside our service center processing time. 

Have you typed "Live Agent" into the chatbot during office hours in the US? 

This is how many of us discover our service centers have changed. 

[CMJuilland 485]

3 hours ago, Denglish Love said:

I will try every avenue through USCIS first and then if that doesn't work I will contact my congress person. Did you write a email to your congress person or call the office? I didn't even think of writing a letter to them, but thank you for that recommendation.

We sent an email to our rep’s office and detailed our situation (with dates and everything).  Within a few hours, they sent us (also electronically) their privacy release form and then went on to inquire with USCIS.  

I hope you won’t have to go that route though.  From what I hear, their EMMA-tool has gotten a lot better, especially the fact that you can now get connected to a live agent quite “easily” (in quotes because it’s still USCIS), so like @Kor2USA suggested, I would try that first. 

Best of luck!

[kurumu 11]

I'm not out of processing time yet, but based on all the other communication I've had with them, the response will probably be, "it's in progress, please wait"

[Truth_Seeker 14]

On 4/4/2022 at 10:35 AM, Denglish Love said:

I submitted I-130 petition for my husband (who is German & lives in Germany) & received a receipt notice August 29, 2021. Our petition was sent to Nebraska Service Center. I have received no mail and no update on our online account from USCIS. I check the USCIS processing times weekly, which says, as of today, they are working on I-130 petitions for NSC for September 6, 2021. I tried to click on their link to inquire about my petition being outside normal petition time, but every time I click on it I get an error message saying "502 bad gateway." I waited another week thinking it was something they were working on, but nothing has changed. What do I do next? Do I contact USCIS & if so how do I do that? Visa Journey says that my I-130 estimated approval should be the end of June, which is closer to when I thought it would be approved. Can someone please help me with what I should do next? 

You should put him in for a K3 VISA.  That lets them know that you are separated.  Otherwise they will take their time in processing your I-130.

[Denglish Love 4]

On 4/4/2022 at 10:48 AM, Kor2USA said:

Have you confirmed through Ask Emma (the online chat) that your petition is still at Nebraska?

Our NOA1 also stated Nebraska but after 4 months or so I discovered we had been transferred to Vermont. 

Go to the USCIS site and type in "Live Agent" during the week. I think you'll be able to contact someone between 9am and 6pm EST. 

Be aware even if you are outside processing times that won't result in a speedy approval.

 

 

I finally got in touch with a live agent. I found out our Service Center was transferred to California. It's weird because the agent told me the transfer date was the same date when I filed the petition. California is working on August 9, so only 20 more days to go until I hope to hear something. Thank you for your advice.

[Denglish Love 4]

20 hours ago, Truth_Seeker said:

You should put him in for a K3 VISA.  That lets them know that you are separated.  Otherwise they will take their time in processing your I-130.

I did file a K3 as well, but I only did that about 1-2 months ago, so about 5 months after the I-130 filing. I haven't received a receipt number for the K3 visa though. I honestly expected a NOA1 by now. 

[Truth_Seeker 14]

4 hours ago, Denglish Love said:

I did file a K3 as well, but I only did that about 1-2 months ago, so about 5 months after the I-130 filing. I haven't received a receipt number for the K3 visa though. I honestly expected a NOA1 by now. 

Have you asked them to expedite yet?

After you have done that,  I would suggest writing your Congressman outlining the time line. 

Then if your Congressman doesn't help, the next step would to be to file a law suit against USCIS to force their hand to adjudicate.  (Do not file a law suit until you have completed the above two steps.)

 

In any event, this is how you escalate things.  It is a shame that people have to do this.  In any event, people should not have to wait years to be united with their love ones.  

[Redro 4,611]

9 hours ago, Denglish Love said:

I finally got in touch with a live agent. I found out our Service Center was transferred to California. It's weird because the agent told me the transfer date was the same date when I filed the petition. California is working on August 9, so only 20 more days to go until I hope to hear something. Thank you for your advice.

It is pretty common for online cases to have one Service Center printed on them but be assigned to a totally different service center same day. 

Hopefully you'll get your NOA2 in 20 or so days... 

[Ctavarez90 244]

On 4/11/2022 at 10:13 AM, Denglish Love said:

I finally got in touch with a live agent. I found out our Service Center was transferred to California. It's weird because the agent told me the transfer date was the same date when I filed the petition. California is working on August 9, so only 20 more days to go until I hope to hear something. Thank you for your advice.

How do you know that the CSC is working on Aug 9 cases? Is that what it means when it says if your receipt date is before the date posted?