Nellag

My fiancee lives in Lagos, Nigeria and after the whole delay in getting the petiton approved (I filed in May, 2006), we found out we had to file a 601 due to medical reasons. The american consulate officer gave her the waiver forms, and told her to get me to send proof of income - pay stubs and all in addition to the necessary forms and signatures. I sent her enough proof of income which totalled over $9,000/monthly. Even though they stipulated a check payment of $545 they would not accept a US check and I had to send money via Moneygram to her. Anyway, she submitted all documents to them Friday. What is interesting is that the lady just read my supporting letter, took a look at the original copies of my pay stubs and gave them back to her saying, "good". She said she will make an enty on the computer and that she did not need them. Is this normal not to include the proof with the application? Also, her passport was taken and was told the decision is not made at the consulate but that the forms will be sent out. Is it also normal to hold on to the passport during the entire waiting period?

Anyone gone through the waiver process in Lagos? How long did you have to wait?

It has been 3 months now and the US embassy in Lagos, Nigeria has no record (physical or electronic) of my approved petition. My fiancee has been there several times to pick up the information packets. Yesterday, she was told that the consulate has no record of either the physical or electronic records of the case. The embassy staff advised that she informs me to contact NVC. I called NVC and was told a written notice, hard copy or email, from the embassy is requried for them to follow up on the case.

On January 30th, NVC told me the case has been forwarded to Lagos and I should allow 10-15 days for the consulate to receive the petition. It is now past 90 days since my petition was approved.

Anyone heard of a similar instance?

K1s are not input in the automated system - you need to speak to an operator. Since you already have the case number and know that it has been forwarded, there probably isn't any reason to speak to anyone.

Good to know that, thanks Kitkat1

I got my NOA2 approval via email (I am based overseas), and I wrote to NVC to find out if my case was there. I was sent a new case number and informed that, "The visa petition you mentioned in your inquiry has recently been forwarded to the US Embassy/Consulate General. Please allow 10-15 business days for the Embassy/Consulate General to receive the petition."

However, when I called the NVC automated phone line, went throuhg the menu, enterred the case number NVC sent me via email, it gave me, "there is no record of this......."

I had a similar case - I sent back an RFE that was never received by USCIS, and my case was closed. I called and had it re-opened. Call USCIS and make sure you are connected with an actual immigration officer and not the call centre people.

I also filed in June, 2006 and only got an approval January 23, although there were serious delays due to a lost RFE. My case was actually closed and then re-opened. My advise for you will be to keep calling USCIS until you are able to speak with an immigration officer that can give you the real status of your case (not the call centre guys).

It feels really good to read this eight months after mailing petition.

Receipt Number: WAC********

Application Type: I129F, PETITION FOR FIANCE(E)

Current Status: Approval notice sent.

On January 23, 2007, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

Thanks joej and Heather.

Anyone have an idea how to approach a name discrepancy in an original birth certificate? Our case is not yet at the consulate but my fiancee is in the process of getting some documents ready in advance. Her first name was not recorded at birth, and her tribal name (on the certificate) is not in her International passport nor in the 1-129 forms.

The IMBRA Special topics were very helpful to me a few days ago.

Thanks, Kitkat

Thanks, Yodrak

Thanks for your responses but I think this is where the confusion is. I have only filed one K-1 application in the past prior to this one, and there are numerous people in this forum who filed a second K-1 application and were not required to request for a waiver. Also, although my previous K-1 was approved, the law seems to be concerned if you "previously had a K-1 visa petition approved within two years prior to the filing of the current petition". It has been 5 years and I do not have in my possession the receipt number, A#, etc of that previous petition that they require.

Anyone here with similar experience?

I am sorry if I had to re-post this under General Discussion. I need an answer and it seems less people pay attention to the IMBRA section of the forum. Here goes my post again:

The filling limitation law states that:

"IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)."

I have filed only one K-1 in the past that was approved in 2001 but I received an RFE stating that I must request for a waiver? I understand everyone that used the outdated forms received the IMBRA RFE but in my case, in reference to a previous petition I had filed, I am been asked to request for a waiver even though that petition was filed and approved five years ago. I thought the waiver request applies only if this was my third application. This is my second K-1 application coming after one that was approved in 2001.

I understand everyone that used the outdated forms received the IMBRA RFE but in my case, in reference to a previous petition I had filed, I am been asked to request for a waiver even though that petition was filed and approved five years ago. I thought the waiver request applies only if this was my third application. This is my second K-1 application coming after one that was approved in 2001.

The filling limitation law states that:

"IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)."

I have filed only one K-1 in the past that was approved in 2001. Why are they requesting that I must apply for a waiver?

Thanks for all the suggestions. YuAndDan, thanks for the CSC address you provided.

Sorry, the topic title above should have read, "RFE not received - USCIS closes my case"

To add to my post above, how do I send the RFE back using DHL, UPS or FedEx if all I have for CSC is a P.O. BOX address?

I have a somewhat unique situation by filling for my fiancee from here in Nigeria where we both reside. I initially thought all USCIS correspondence will come to my Nigerian address so I wasn't aware that an RFE was sent in the first place until two months later (see my timeline below). However, I got my folks in the States to forward it to me, and I completed it, then mailed back with plenty of time left before the 84-days expiration. I called weeks later but could not get USCIS to confirm receipt. My folks in the US did not receive a confirmation either. Sixty days after sending back RFE, I called USCIS again and was told not to panic but I feared that my the RFE may not have even left Nigeria - mail theft is common especially letters heading for the United States. I called yesterday again and found out my case had been closed for not receiving the RFE. Luckily, the agent agreed to re-open the case and re-send the RFE to my Portland, Oregon address. So now, I have a second chance to send back the RFE. This may have worked out for the better after all because we have schedule around June/July next year to return to the US.

Please, see my timeline below. Could I be lost somewhere in the process? Could I have confused them by being based overseas? Should I contact my Senator?

Filed June, 2006 - still waiting for NOA2.

@fwaguy

My folks at my US address did not inform me of any delivery confirmation that the RFE was received by CSC. I called USCIS and was told to call after 60 days from the day of sending back the RFE. I waited 60 days and called but the agent on the phone only had the same information I had access to - which is, "On June 23, 2006, we mailed a notice requesting additional evidence...........".

I am a US citizen but live here in Lagos, Nigeria with my fiancee (planning to return to the States June/July, 2007). I filed the I-129F in June, 2006 from here in Africa and was expecting USCIS to communicate with me using my Lagos address. I waited but did not receive the NOA1 but I knew when my check cleared - thanks to Wells Fargo Bank online access. I called USCIS for receipt number and was provided with it but was told all correspondence will be with my US address which was also provided in the I-129F forms. I signed up at the USCIS site and my status showed that a supplemental form was sent to me on June 23, 2006. I called the folks at my US address and the forms were forwared to me in Africa. It's been over 2 1/2 months now since I sent back the supplemental form and my status on the USCIS website is still saying,

"On June 23, 2006, we mailed a notice requesting additional evidence..........."

Now, is my case unique to file for K-1 Fiance(e) Visa but live outside the United States? I have seen quicker timelines on this website for cases heading for the Lagos embassy. It makes me wonder if anything could be the problem with my case.

May 19, 2006 - Mailed forms from Lagos, Nigeria (to Nebraska Service Center)

June 9, 2006 - Check cleared (20 days later)

June 23, 2006 - USCIS sent supplemental form to US Address

August 4, 2006 - Called USIS for receipt number

August 14, 2006 - Supplemental forms forwarded to Africa

August 21, 2006 - Received supplemental form from USA

August 22, 2006 - Mailed back supplemental form to USCIS