limboptimistic

If has come to my attention that the reason I received the RFEs mentioned above was that USCIS cannot accept one set of documents, i.e, marriage certificate, Social Security card, copy of passport, for three different applications. I submitted the I-485 along with the I-131 and I-765. I followed the guide provided on this website, and there was no mention of making separate copies for each application, but this explanation does have merit, because we used my surname on the I-485 and did not receive on RFE for that application. This would suggest that each application is a separate entity and perhaps even handled by a different department/person. I'm going to resubmit both RFEs along with paperwork affirming her name change and hopefully that's sufficient. Anyone else have any thoughts on this or perhaps some experience?

Thank you.

You must put her maiden name in the forms, it is asking you if she has ever used other names (in the past), it is not about using them going forward.

So what's the alternative at this point? Go back and resubmit all applications with her maiden name? Submit additional documents such as state-issued ID and bank account in her new name along with copy of SS card, marriage certificate and explanation? Not sure how to proceed.

Thanks

I would get a state ID and re submit a certified marriage certificate and the SSN with a cover letter that explains the name change.

Perhaps make an infopass to try to get more details, this is odd. Did she enter her maiden name under 'other names used' ?

I think you're right. We will have to submit again, some of the same documents and a few others. What we refuse to do is pay any additional fees. I thought about changing her name back to her maiden name on I-485, I-131 and I-765 and re-submitting, but I'm under the impression from an immigration officer this would result in additional fees.

Did she enter her maiden name under 'other names used' ?

We didn't include this, mainly b/c when someone takes on a new name any previous names cease to be used, but I presume it would be applicable for previous names used and ongoing use of her passport, which is much more difficult to change and will continue being used. I don't expect this omission would necessitate a whole application being submitted.

Is it possible that you didn't send in a certified copy of the marriage certificate/license? Or maybe they lost it?

We received two certified copies of our marriage certificate and one was submitted with the I-485. It's just frustrating, or maybe infuriating is the right word. We pay their salaries and fund the operations with the exorbitant fees they charge, yet the system works against us with exceptional inefficiency, i.e., you can't simply use 19th and 20th century technology like telephones and email to resolve problems. Now we get penalized with additional delays when it should have never come to this. I called several immigration officers and they were unable to provide any effective course of action. The only thing they offered was writing them and requesting additional clarification.

So you applied for AOS in her new married name.

Which is what the larger number of Us does.

And they want proof of her maiden name? Because that's the name on the I-94 and passport etc.

That's correct. We applied for AOS using her married name, as the application was submitted nearly 3 months after our wedding and long after we already received her Social Security card with my surname. They want some "explanation and supporting documentation" for the reason why her I-94, passport and other "Service Records" do not match the applications (I-485, I-131, I-765) we filed using her new name.

This seems very strange that it's flagged for something most people submit and do.

It's mind-boggling and exasperating, because she's clearly taking as her legal name my surname and USCIS is refusing to accept this. Now the burden of proof is on us to explain this discrepancy, but I have no idea why it's necessary or what might satisfy them.

I'm not quiet sure I understand the problem uscis are having with you.

But I'd love to know how you got social security to change your wife's last name without the EAD or Green card.

All that's needed to obtain a SS card with a different name is a certified copy of your marriage license.

Ps- may seem a silly question but your wife did state her maiden name in "other names used" correct?

We did not put anything in any box on any application pertaining to "other names used", primarily b/c once she decides to change her name, that becomes the name for all purposes going forward, so she wouldn't be "using" a different name for any purpose. It's not rocket science to make the connection between her maiden and married name and proceed with processing, but stories of inexplicable RFEs and errors by USCIS abound.

Hello,

We submitted the I-485 along with I-131 and I-765 for processing about 3 months after we were married, and just received an RFE stating: "There is a discrepancy between Service Records and the application as to your last name. Service Records indicates your last name as WIFE'S MAIDEN NAME. Your I-485, I-131 and I-765 has your last name as HUSBAND'S SURNAME. Please explain and provide supporting documentation".

My wife changed her surname to my name and was issued a Social Security Card with my surname. Her name on our apartment lease also shows my surname. Contrary to popular belief, there is no legal name change process that must occur if a spouse wants to change his/her name upon marriage, unless one is taking on a totally different name. But USCIS is now flagging our application because their "Service Records", i.e., I-94, her passport, etc, are showing her maiden name. As you know, it's more complicated to change a passport, and the I-94 is going to reflect her legal name before we married. The only documents USCIS has showing her intent to use my surname is a copy of the Social Security card and a copy of the lease where we live. I called an Immigration Officer and was informed that submitting a new I-131 to replace one that had erroneous information would accrue a whole new processing fee, in this case $500. We refuse to go that direction since we already paid the fees and consider this a failure by USCIS to recognize or acknowledge my wife's right to use my surname.

What additional supporting documentation would be suitable to satisfy USCIS? I was thinking the best option is to get a state-ID and opening a bank account with her new name. Any other ideas or what other options do you guys suggest? We're really desperate to get the I-131 (Advanced Parole), as we have a volatile situation in her country. Thank you.

Regards

After nearly 7.5 months--a stalled 129F that sat in Texas for 4 months before going to Cali, an RFE on court-provided documents--we are approved and just in the nick of time to make our wedding date!!! :joy: :joy:

Thank you, visajourney community, for your input and good luck to everyone going forward. We still have AOS to tackle, but going to savor this for awhile.

It was mailed Nov 3rd. (That's when the status went into In Transit). I looked it up on DHL and it seems like it was delivered to the embassy on the 6th.

How were you able to look it up on DHL? I tried getting DHL information from NVC but wasn't successful.

Thanks

We are in the same boat as you. Waiting for consulate to receive the case.

When was your case mailed from NVC? I'm going to call NVC again and see if they can track it and then email the embassy today.

When we did everything, once we had all info, was we looked at open interview dates. My fiancess, now wife, called the clinic to schedule the exam 1 day prior to the interview. She, too, had a train ride and we decided it would be best to do everything as quickly as possible. So, having seen the open interview slots, she scheduled the medical exam and then we scheduled the interview at the embassy for the next day. It worked like a charm.

She arrived early in the morning into Kiev...went to the clinic...an ALL DAY ordeal...went to the hotel she selected and spent the night...woke up early and went to the embassy and had the interview.....her and the girls were on the van back to her city with time to spare.

If you can get the medical done, then it is up to you. I might/might not expedite things, but you would have it out of the way. I hope you get this resolved quickly. Your date is fast approaching. I feel for you.

Thanks for your input. How did you know when the embassy received your case? Was it through checking the site, calling reps at the call center or the letter the embassy sends? Ukrainian mail takes awhile, I doubt it was waiting for some letter. We can see today that the open interview dates are 7 days from yesterday, so we should be okay provided they receive our case in the next 10 days or so.

thanks

The expedite was done with USCIS prior to receiving NOA2. Now that you are almost there, there is really nothing you can do to speed it up. I really wish I knew of a way. Just get ready...when you recieve your KEV#, pay and get the receipt so you can complete your DS-160(260, I forot), then set your medical and then, hopefully next day, you can set your interview. That is what we did....we looked up the appointment slots available for the interview and then called the clininc to make an appointment first....then scheduled the interview for the next day. Keep in mind, that they will take your fiancee's passport and send the visa...it took about 5 days from embassy to her city.

I know whit is frustrating and a very very very very very drawn out process, but believe me, the light is now in the middle of the tunnel! not the end of the tunnel, anymore!

I did find an option for expediting at the Embassy: http://www.ustraveldocs.com/ua/ua-main-contactus.asp

I wish we had the luxury of just taking a zen-like approach, but as a result of the nature of my work, all our dates had to be made way ahead of time. I simply do not have the flexibility to go beyond 11DEC to have her visa in hand. She isn't going to allow TNT (the delivery service used to return passport) send it to her city, b/c it would be quicker to retrieve it from the Kiev TNT office. I hope we can expedite this and get her interview soon.

She can go in the system and see what slots are available, but not able to schedule the interview yet despite paying the fee and submitting the DS-160. So you think she should schedule/do the medical in the meantime? Only thing is that's she's a good train ride from Kiev.

Thanks

When my package was sent to Kiev, it took over 3 weeks. 6 days is a drop in the bucket! We were even approved for expedited processing. Relax and let the days just flow together. Contact every Tuesday and Thursday, or on days you want. Not needed to contact everyday. It will only stress you out.

Hopefully we get luckier than you, as I'm on a tight schedule for work reasons. What do you mean you were approved for expedited processing? By the embassy, or USCIS/Embassy?

I'm considering putting in an expedite directly to the embassy, but they can't act on it until they have our file.

Thanks

Would you please share what number it is that you called to find out if your case is at the consulate yet?

Is this a number to the consulate in Kyiv? I need to call as well to find out if it has arrived but i am not sure how to do that from the US

Thank you!

Here's the US number: (703) 988-7107.

Our profile is set up in the system, and I suppose she could do the medical but it would be just extra trip to Kiev.

The only bad thing is waiting for Kiev to receive everything so you can then make your medical and interview appointments.

Still nothing, but trying to stay positive. Today is 6 business days. Do you think they send these in batches like USCIS does? That would explain the delay. It doesn't seem like Kiev handles many K-1 petitions and some here report only a few days between NVC sending and Consulate receiving. The flow chart on here suggests calling the Consulate after 5-7 business days to see if they received it. I'm not sure why it would take longer using DHL. Is there any way to check on its progress, tracking, etc?

Thanks.

Hello and thank for you reading this. I hope someone has experience with police clearance certificate as it relates to the K-1 visa process, namely as a required document for those who have lived in another country for more than 6 months. My fiancee lived in China for over 6 months. During her time there she had different types of visas, including L, F, M, S2.

According to the US State Department's information regarding police clearance certificates for China:

Certificates are available for those in the J-1, Z, and X categories. The GOC does not issue police records for temporary residents of China in L or F visa categories.

None of her visas fall into the J-1, Z or X categories, but I just want to confirm the police certificate isn't available or necessary, because we don't want any issues at her interview.

Thanks ahead of time for your input.

You should be able to complete everything now. The only bad thing is waiting for Kiev to receive everything so you can then make your medical and interview appointments. I hate to admit this, but I forgot the differences between the sites. I am sorry. It feels like it has been years since I was in those sites. In reality, only 7 months!

No worries, thank you. I called the ustraveldocs site customer service, and they said the file hasn't arrived to the Consulate as of yesterday, but will try again soon. The agent said she sent up a profile for my fiancee, but it didn't work when she tried to log in later. Hopefully it won't be long before they receive it.

I suggest waiting before completing the DS-160. If I remember correctly, you will need the KEV#. I would not stress this to much! Honest! You are almost there. Once you get this number, then hit it hard! Go to the bank..pay the fee...make sure you are aware of the exchange rate for payment of the DS-160. The embassy's is different than prevailing rate. Their rate usually lasts a week, or 2, depending. IT WILL BE DIFFERENT THAN THE PREVAILING EXCHANGE RATE!. In fact, when we did our payments, it was more expensive with the embassy than the prevailing exchange rate on the street. Just an FYI!

Thank you; really appreciate your insight--both me and my Lvivian goddess! Guess what?! I called NVC just a bit ago. They mailed our file to Kiev 3NOV! The NVC agent gave us the KEV# and Invoice ID number. The agent today gave me the date it was sent to Kiev and the Beneficiary ID#.

So I take it we can hit it hard now? Guessing she can go the the CEAC website and complete the DS-160? What's the difference between that site and the other State Dept website where you can upload your digital images? Based on this timeline, it looks like we can expect an interview in 2-3 weeks. I presume she cannot schedule medical until the Consulate has her in the system At that time she will also schedule her interview. I could not take off for work to attend the interview with her, but it seems pretty straightforward. I appreciate any thoughts you have going forward.

Regards

Tough situation. I know China reasonably well, as this is where I met my Ukrainian angel. I would recommend contacting U.S. Congressman who services your district, and ask them to get involved if you believe you've been treated unfairly. Visit each Congressman's website and you will see a menu for "help with government agencies". Some of them even provide a phone number to call them directly so they can evaluate your case before you sign a waive and gather paperwork to send.

You have nothing to lose doing this; it can only help or have neutral effect. I did this myself and the results were impressive.

Good luck.

Our case was sent to the consulate on 29th of October and reached the consulate on 31st. You can check the status on CEAC website by introducing your NVC number.

Thanks for the reply. You discovered when it was sent to the Consulate by asking NVC? When I talked with an agent Monday, she said it should be in Kiev soon, but I'm going to call again today.

It will take that amount of time, or more, for the consulate to receive your file. Once received, then you schedule your medical exam and interview. Don't judge anything by the timeline....that is for guidance only. My wife's file was sent Mar 27th, but it did not arrive into Kiev until end of April.

It's strange how some files at this stage take much longer than others. Hopefully we get through quickly and her interview is later this month. In the meantime, can she go ahead and complete the DS-160 and upload pics on the CEAC website? Just want do all we can while we await the next step. We've already gathered all the documents for the interview. Thanks.

Hello,

Just wondering what other people's experience has been with the processing time from NVC to the Consulate? We received our NOA2 OCT 17. It was mailed to NVC 23 OCT and a case number was issued 31OCT. Our Consulate is in Kiev, Ukraine. The processing stats indicate an average of 20 days between NVC receiving the file and the actual interview.

Thanks for sharing

My lovely Ukrainian fiancée is from Lviv. We are also waiting for NVC to receive our file, but it was mailed 23 OCT--so shouldn't be much longer before it's in their system; hopefully next week. We received NOA2 17 October.

well, after NVC receives your case

That's what I'm worried about...how long it will take for them to receive our case. I heard CSC sends these over in batches and it could take awhile. Of course, I hope you're right and they get it soon. It says in the processing stats that it takes an average of 34 days to go from NVC to the actual interview in Ukraine. I just don't have much wiggle room.

Thanks

I have saw a case which took 3 days to get number assigned and forwarded to embassy it was from Manila-Phills.

I did read about some K-1 cases from Philippines being processed quickly as a result of typhoons, as I recall. I hope you're right, azzein. We only have 53 days to spare. Do you think that's enough? Of course, you know how nerve-racking this experience can be, especially when one doesn't have much flexibility in work schedule like me.

Thanks

They seem to send packages in lots and if you miss the current one you have to wait until the next one ( not sure of the lot size but it is probably a pallet )

That could explain why it takes "up to 30 days" for NVC to receive a petition. Is there any way to find out from USCIS or CSC whether an approved petition has been mailed to NVC? I'm on hold with USCIS now hoping I can get that information. Perhaps my "expedite"--assuming it was granted since we never received an answer on that--will encourage them to submit it sooner. I don't know if it's a coincidence, but our petition was approved the same day a congressman's office inquired about our case. I don't know if they can improve our processing in these other stages; hope so.

Thanks

They warn you not to make plans before having a visa in hand.

Indeed, they do. But they also expect you to have a job, as the beneficiary is considered your charge. And not all jobs allow employees to take extended vacations or a leave of absence to handle such matters. The mission here is critical and time sensitive.

You know an approved K1 can take over a month to get from Ca to NVC?

I've heard stories like this, but I've also known of cases where NVC receives the file within a few weeks before it's sent to the Consulate. What is the source of your information? I was told by a few members who have also processed in US Embassy in Kiev, Ukraine, that it takes about 6-8 weeks from NOA2 to having visa in hand.

Thanks