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Posted

Has anyone here had to resubmit their K1 petition before? I'm trying to figure out if when it gets to USCIS the processing is any different. My fiancé and I had a lawyer submit our petition December '25, however it was rejected because my fiancé didn't put the funds on the CC yet because we were told they probably won't try to process it till the following week. However it got to the lockbox the Thursday and they tried processing Friday. A week later our lawyer received the rejected package, my fiancé signed a new payment form, however due to multiple issues (both with the lawyer procrastinating and then the new paralegal sending it to the wrong address) it wasn't resubmitted till this past Monday 9th Feb (FedEx confirmation that it was delivered).

Because of how quickly they tried to process the payment the first time, and the fact that we haven't seen the payment be processed yet we're wondering if because it's a resubmission it takes longer or is it known if they only clear the lockbox on certain days maybe.

I'm sorry if my post seems all over the place, we've already had this avoidable 2 month delay and now that it's actually submitted I'm anxious to see that ball rolling (yes I know this is generally a process with a lot of waiting).

Anyway has anyone had any experience with resubmission of the I129F?

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Yes, there is much waiting throughout; however, every phase should be handled as if processing will be performed immediately by agents who have an eagle eye toward every facet of how petitioners and their representatives approach the system.

 

Petition packages, now and throughout the entire process, should be submitted completely after reading the requirements carefully, interpreting instructions literally, and complying/responding completely and accurately.  Your legal team appears to treat these basic obligations casually.

 

The foregoing is the crucial factor to adhere to, because -- as you've found -- assumptions about processing-time can be perilous.  It's likely that if you handle resubmission yourselves and follow the above advice, outcomes will improve.

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(!).

Filed: K-1 Visa Country: Philippines
Timeline
Posted
1 hour ago, Lizzie2809 said:

Has anyone here had to resubmit their K1 petition before? I'm trying to figure out if when it gets to USCIS the processing is any different. My fiancé and I had a lawyer submit our petition December '25, however it was rejected because my fiancé didn't put the funds on the CC yet because we were told they probably won't try to process it till the following week. However it got to the lockbox the Thursday and they tried processing Friday. A week later our lawyer received the rejected package, my fiancé signed a new payment form, however due to multiple issues (both with the lawyer procrastinating and then the new paralegal sending it to the wrong address) it wasn't resubmitted till this past Monday 9th Feb (FedEx confirmation that it was delivered).

Because of how quickly they tried to process the payment the first time, and the fact that we haven't seen the payment be processed yet we're wondering if because it's a resubmission it takes longer or is it known if they only clear the lockbox on certain days maybe.

I'm sorry if my post seems all over the place, we've already had this avoidable 2 month delay and now that it's actually submitted I'm anxious to see that ball rolling (yes I know this is generally a process with a lot of waiting).

Anyway has anyone had any experience with resubmission of the I129F?

You sure it's a real attorney? Any reason why you are using an attorney? It's a pretty straightforward form to complete. 

Posted
2 minutes ago, wildbug100420 said:

You sure it's a real attorney? Any reason why you are using an attorney? It's a pretty straightforward form to complete. 

Yes it's a real Attorney, my SIL (also an Attorney but corporate) checked and she is registered. We decided to use an Attorney because I'm twice divorced, and have a minor child with custody stuff so we wanted to be sure that we sent in all the relevant information.

Posted
1 hour ago, TBoneTX said:

Yes, there is much waiting throughout; however, every phase should be handled as if processing will be performed immediately by agents who have an eagle eye toward every facet of how petitioners and their representatives approach the system.

 

Petition packages, now and throughout the entire process, should be submitted completely after reading the requirements carefully, interpreting instructions literally, and complying/responding completely and accurately.  Your legal team appears to treat these basic obligations casually.

 

The foregoing is the crucial factor to adhere to, because -- as you've found -- assumptions about processing-time can be perilous.  It's likely that if you handle resubmission yourselves and follow the above advice, outcomes will improve.

Well it's already resubmitted, like I said it was received at the lockbox this past Monday 9th Feb, so I don't think we should send in another petition unless this for some crazy reason this is rejected again (I don't see why it should).

Like I said it's just already been stressful and it's only just begun, guess I'm trying to ease my anxiety.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
34 minutes ago, Lizzie2809 said:

I'm trying to ease my anxiety

This is natural -- we've all gone through it.

 

Whether this attempt is returned or not, the odds are that you'll have more, better, and more-efficient control over the quality and timing of your future submissions if you take charge of them yourself.  If objective or subjective reasons preclude you from this, such as honest lack of time, unwillingness, or something else, one of our VJ Partners has a stellar record of attention and thoroughness and is imaginably less expensive than a lawyer.

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(!).

Posted
1 hour ago, TBoneTX said:

This is natural -- we've all gone through it.

 

Whether this attempt is returned or not, the odds are that you'll have more, better, and more-efficient control over the quality and timing of your future submissions if you take charge of them yourself.  If objective or subjective reasons preclude you from this, such as honest lack of time, unwillingness, or something else, one of our VJ Partners has a stellar record of attention and thoroughness and is imaginably less expensive than a lawyer.

Oh that's good to know thank you. Thankfully we only retained this lawyer for this initial step, all the others we will do on our own. But it's good to know we have another option for when its time to do the change of status if we need some support.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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