Falene

I'm looking for some advice.  My fiance had his interview back in July and we were given 221g.  We gathered the requested documents (including his passport), and he submitted them in September which was within the allowed time frame.  On 10/16 it was returned and we knew at this point it was denied.  He opened a case after that asked about the status of the visa and his passport.  Below is a timeline from when they asked him if he wanted to withdraw his passport.

10/26 - He opened a case on Oct 26 and in the response they said "Also, kindly confirm if you wish to withdraw your passport."

11/2 - He replied on Nov 2 and said "This is in reference to the above mail I would like to request you to please release my passport as early as possible."

11/9 - One week passed without any response and again on Nov 9 he said, "As I have requested for withdrawal of my passport but I have not heard anything till now regarding the same. I request you once again to please release my passport".

11/14 - Then, on Nov 14 I also sent a request for his passport to be released.

11/15 - The response I received on Nov 15 said, "a case with the case number "Case-XXX" has already been escalated and is still in the process of being reviewed. So we request you to wait for the response."

11/21 - The date on the Notice of Decision I received from USCIS that stated all action was concluded due to petition being expired.

12/1 - I sent another request asking about his passport, but I have not received any response.

12/18 - I sent a request through the office of Senator Brown (Ohio), and they stated they would tell me when they hear from the embassy.
1/8 & 1/9 - I tried to send another request to the embassy, but I did not get the automated response that tells me a case has been opened.

The situation now, is that he hasn't received his passport back and we are not getting any communication.  He lost a job in Dubai because he is not able to travel.  He is talking to a lawyer who offered to serve a legal notice to the embassy, but this person is not an immigration lawyer so I'm not sure how much experience he has with this type of case.  Does anyone have some advice for what we can do?  We are already upset that he didn't get the visa, but this is just making the experience so much worse.

Sorry I didn't respond sooner.  The interview could have gone better.  We don't have the visa yet.  We were given 221(g) and our case is in Administrative Processing.  The 221(g) is a standard form requesting more evidence of our relationship, but then she also wrote "Wedding Plans" on the form.  She asked why we didn't get married in India between last time (2013) and now.  I tried to explain that we were told that we could apply again for fiance visa and didn't know it would take so long to get approved.  Also that there is a long waiting period in India for a court marriage.  There is a requirement to post something for 30 days and both people have to be present.  I don't have vacation time like that.  Also, we're not going to have a big wedding, just a court wedding and my parents are giving a reception.  When she gave us the paper and wrote wedding plans, she said that there needs to be more details like what we are going to wear, decorations, etc.  I could have given her all of that information, but I did not know she wanted it.  She just simply asked our wedding plans and didn't ask us to elaborate.  The other mistake was that when she asked for photos, we only had old photos from 2011 and 2012.  I forgot to print pics from 2014 and 2015 trips.  I felt so bad about that.  They should already have those anyways because I already sent them to USCIS, but it's like they don't even look at your case until you're standing at the interview window.  

Today, my fiance dropped off all of the evidence they were requesting.  I hope it is sufficient.  We have included photos from all trips together including this one in 2017.  We have a large printout of conversations on WhatsApp and Skype.  We have given details about our wedding plans and I have an invoice for where the reception will be.  We are planning to rent the conference center at my office.  I included some other support for the wedding such as photographer, peacock theme decorations, casual dress, etc.  We also included support letters from my parents and his sisters.  Now we are waiting again.  I hope it won't be long especially since they have his passport. 

Thanks again for all your support.  I hope your journeys are going smoother than ours. 

Here is an update.  When he was ready to schedule the biometric appointment, we were trying to figure out if he could schedule the medical at the same time.  For the medical, the interview appointment is needed.  I contacted the embassy.  They told us to schedule the appointments and take the confirmation page for the biometric appointment to the medical appointment.  Then when he chose the biometric appointment date and continued to the next screen, it was to schedule the interview.  So, it can all be scheduled at the same time on the website.  There were only two dates available, both were Fridays. He did both his biometric and medical exam today.  His interview is on July 28.  I will arrive on the 26th and attend the interview with him.  I'm so nervous and excited. 

17 hours ago, TexasHeartsIndia said:

That's interesting... was that a question during his interview?? His family knows about us and approve of our relationship (I have pictures with them as proof) but no one in his family wrote letters to that affect. I hope it doesn't impact our K1

Yes, they asked if his parents know, and he said they are gone.  Then they asked if his siblings know, and he said no.  Finally they asked if anyone in India knows, and he explained that his friends know.  Then that's when his interview ended.  It seems they thought our relationship was not genuine because he didn't tell his sisters. 

I don't think you need to worry.  The pictures with his family should be enough evidence. 

Thanks for your replies.  He submitted the DS-160 and is planning to leave by the end of this week.  We're still not sure if we will pick the date or if they will just give us a date.  He will be back in India, so it should not be a problem.  

@TexasHeartsIndia The main reason we had a problem was because his sisters did not know about our relationship.  Now they know and have sent a letter for our second RFE which stated that they have given us support.  We felt it should not have been an issue because he was working in Dubai and both sisters are married and living with their husband's families.  Also, their parents have passed away, so there is no question about parents' support.  Now we have overcome that, even though we waited more than 2 1/2 years for our petition to be approved.  (The first time only took 4 months.)

Good luck to you all!

I can not find clear information on how we get our interview date.  

http://www.ustraveldocs.com/in/in-iv-kvisa.asp

This website says:

Quote

 

Step 5
You are almost ready to schedule your visa appointment!

After you receive your visa fee receipt number and after you have completed Steps 1 – 4, log back into your profile at http://www.ustraveldocs.com/in and click on continue to enter the fee receipt number and schedule both the appointments.  

 

So here it sounds like we will schedule the appointment.

However, the documents he received, "Packet 4", do not say anything about the interview.  

The first time we went through the K-1 process in 2013, they sent the date to him.  Now, I'm not sure how we will get the date or when.  Do we need to submit the DS-160 first?  Also, if we submit the DS-160, how quickly will they give it to us if that how it's done?  If we schedule it then it's not a problem.  We are concerned about travel.  He needs to travel to New Delhi from Dubai to do the Medical and then to his hometown to get PCC and the rest of his documents.  Also, I'm planning to attend the interview and I'm eager to book my flight from US to New Delhi.  

Thank you for any insight that anyone may have. 

On 5/11/2017 at 7:59 PM, Falene said:

I'm getting an error when I try to update my timeline, but the information is accurate.  I know it's a long time between dates, but it is correct.  Please see the attached image.

 

Thanks!

@Captain Ewok Hello, were you able to look into this issue?  Thanks!

I posted this in the old thread.  My petition was finally approved, but it's giving me an error when I try enter the date.

I'm getting an error when I try to update my timeline, but the information is accurate.  I know it's a long time between dates, but it is correct.  Please see the attached image.

Thanks!

Still waiting.

NOA1 9/16/2014

RFE 10/31/2014

RFE Response received 11/18/2014

I've sent several requests for why it's taking so long. Their response is processing hold for security checks and cannot say when they will be able to make a decision.

It's been almost two years. We talk everyday. My last visit was one year ago. It feels like we will never receive a decision.

Thanks for sharing that. Their case is quite different. They got the NOA2 in about 1 month. I have been waiting for a year and half. The one thing we do have in common is that they were applying for a second time.

The RFE was because it had been less than 2 years since we were approved for a petition. I had to request a waiver. I sent the letter from the previous time we applied that said we could apply again. I also emphasized that I was applying for the same person. My understanding was that it was to prevent people from having multiple petitions with different people. Anyways, April 2015 marked 2 years from that approval.

I saw another thread similar to this from 2013, so I was not sure I should post on it. I have been waiting since my RFE was accepted on 11/18/2014. Here's our timeline. It's quite complex.

05/28/11 - Met online

12/11/11 - First trip to India

12/16/11 - Marriage discussed, became engaged

10/21/12 - Second trip to India

11/24/12 - Petition I-129F Mailed to USCIS

11/30/12 - NOA1

04/09/13 - NOA2

04/22/13 - NVC received

05/02/13 - New Delhi - US Embassy received

06/19/13 - Interview - Result: Administrative Review

09/05/13 - Petition returned to USCIS

09/09/13 - Notice of Decision - petition expired, action concluded (We were informed we could apply again in the notice.)

I was unable to get any answers about why the petition was returned. It was a like a ping-pong match between the Embassy and USCIS.

07/20/14 - Third trip to India

09/08/14 - Petition I-129F Mailed to USCIS

09/16/14 - NOA1

10/31/14 - RFE

11/18/14 - RFE received - This is the last official action on our case.

Service requests:

03/03/15 - Directly to USCIS

04/15/15 - Directly to USCIS

06/03/15 - Response through Senator Brown's office (Ohio) - "California Service Center should be able to issue a notice of action within 6 months of today."

08/02/15 - Trip to Dubai together

08/05/15 - Directly to USCIS

12/04/15 - Contacted Senator's office again (6 months passed)

02/03/16 - Directly to USCIS

02/25/16 - InfoPass appointment at Columbus Ohio office

03/02/16 - Response from Senator Brown's office from 12/4 Request - "Given the referenced case is undergoing review with the background check unit, we are unable to expedite the adjudication."

So, it has been 1 year, 4 months, 19 days since the action on 11/18/14. I'm wondering how long can they really drag this out. Does anyone have advice? Is there any other action I can take? How long was the longest wait?

Thanks to all who read this!

My NOA1 is dated September 16, 2014 and I'm still waiting. Mine is at the California Service Center which seems to be the fastest, but I have been waiting for 8 months. I have just contacted my Senator because I have already inquired from USCIS twice.

I put in a request in both March and April. Both times the response was that they can not give me a time frame. I am planning to contact my Senator today. I did not take any action because I was watching the processing time at TSC.

They did acknowledge receiving my response on Nov 18. Our status has been the same since then. It says I should receive a response by Jan 17. I called on Jan 20 and they said that the 60 days is just an estimate. Also at that time, he said that they could not request anything until the 5 months passed. I called again in Feb, then sent the requests in March and April.

Thank you for the information. I'm going to correct my timeline now. You are correct, it is WAC. The RFE was for an IMBRA waiver due to having a petition approved in less than 2 years. I sent back a letter requesting the waiver and explained what happened after his interview last time. (Sent back to USCIS) I also sent a copy of the letter from USCIS that said we could apply again. First petition was filed November 2012 and approved April 2013. His interview was June 19, 2013. The letter from USCIS that closed the case was dated September 9, 2013.

EDIT: Now it really doesn't make sense because it is giving November 2014 as when it should be processed. This makes it more frustrating that we have been waiting so long.

I'm trying to understand why my case is taking so long at the California Service Center. I mailed my petition to Texas and then it was immediately transferred to California back in September. I received an RFE at the end of October and the return envelope went to California. So, it seems that it should have been processed by now. I have been waiting 8 months which is more like Texas processing time. Even my timeline mentions that 30 days have been added to the estimate for processing RFE at the Texas Service Center. This also confuses me because my case is in California. Does anyone have any insight into this or ideas about why it is taking so long?

My petition was mailed to the Texas Service Center, but transferred to the California Service Center. I have included that on my timeline. However, it says "RFEs at the Texas Service Center typically add an extra 20 days, which has been added to the estimated processing time." I want to know if the same is true for the California Service Center where my case is being handled. The RFE came from California and it is also where I mailed my response.

Does anyone know about this? Thanks!

It could be a denial again or it could be approved. We have to overcome the reason it was denied. We are aware of the risk, but right now it is the best option for us. I also intend to attend the interview this time. My question here though is whether the interview will be in U.A.E. where he is working or if it will be in India.

We have already gone through the whole process, but after the visa interview the case was returned to NVC. So, we're starting over, but my fiance has taken a job in Dubai. Are we able to choose if he does the interview in U.A.E. vs. doing it again in India? We don't know how long it will take to get the petition approved a second time, but my instinct says it will take longer than the first time. It seems that it would be best to just return to India and do everything there when the petition is approved. Does anybody have any experience with a similar situation? I would appreciate any advice.

OMG........visa issued yay .......

Thank God I am so happy today.

Thanks to everyone for their help

I love u all

Now my life will start

Congrats! I was just wondering two days ago if anyone in India was getting a visa. I'm glad to hear this and I am happy for you.

**Delete double post

On July 9 I called NVC when our status showed "Returned to NVC". They said that they did not have our case yet and to wait two weeks. After two weeks, I emailed the embassy, NVC, and my senator. They embassy replied that it was "Returned to NVC" and to contact them for further information. (As expected, they didn't tell me anything.) The senator's office replied immediately and sent me some forms to fill it out which I mailed to them the next day. I have not heard anything more from them so I am going to call them tomorrow.

NVC has not replied to the email so I called them today. She said that they do have our case, it is in administrative processing and they will contact us when it is complete. She would not give any more information, which I am not surprised, but I still asked a lot of questions. If it is in AP, then is it still possible to get the visa? I don't want to get my hopes up too much. I'm wondering if anyone has been successful even after the case was returned. I asked about the normal procedure and she would not answer that either.

I just wish they would give the reason that it was returned. If they are questioning our relationship, then why don't they ask for documents? They would not accept any evidence of our relationship at the interview and the questions did not ask about our relationship either. It's the lack of transparency that I find most frustrating.

Congrats!

Well, it wasn't really good news. Today it shows that our case was "Returned to NVC" which I can only assume is a denial. I am going to do a lot of research now to see what is the next step. Most likely we will reapply. The only other option is to get married in India, but I'm not sure I can do that. For a court marriage I would have to be there for at least 5 weeks. It's too expensive and I really can't take that much time off from work. I'm not sure if a Hindu marriage is an option or the time it would take to do it. I have so much going through my mind right now and I'm really frustrated with the whole process.