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Nov2017AD

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    why a delay in NOA2

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    7 minutes ago, Greenbaum said:

    Wow. You have a chip on your shoulder toward USCIS. You know there are many reasons, none that we know because we are not physically at USCIS watching what is going on and getting a handle on how they adjudicated the cases. It's best that they can't say anything about a case. nor the reasons why it is late as they would have to deal with someone like you and your attitude. So they avoid arguments by giving a pad answer. If you had the gold you could make the rules but since USCIS has the gold they get to make the rules. Just my honest opinion.

    What they're avoiding is taking actual responsibility of adjudicating the applications in a timely matter, which you apparently advocate. Avoid arguments? People are more angry not knowing why for months and will argue more with USCIS. You have no empathy. Next time keep your garbage opinion about someones attitude to yourself. My attitude is justified as I have waited more than a year already pending security checks with no criminal history.

    why a delay in NOA2

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted · Edited by Ryan H
    Reason for edit: to remove alternate spelling of profanity

    USCIS couldn't give a #### if your case is outside of normal processing times. They will never tell you the real reason it's delayed which is usually that they are simply incompetent. They do not allocate additional resources to cases outside of normal processing times. It takes how long it takes.

    Filling out criminal records for form I-129F

    in K-1 Fiance(e) Visa Process & Procedures

    Posted · Edited by Nov2017AD

    On 4/19/2018 at 12:11 PM, BJ & Christine said:

    That part is only about beneficiary. It confused me also and I had to make sure. If u follow the process u will notice its after all the petitioners info has been done.

    This is wrong. It's about the petitioner. Logic is not something the USCIS or any government organization is known for. Read the instructions. All criminal history must be disclosed about the petitioner and attach court records.

    Unlucky 200 plus day club

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    1 minute ago, Kzz said:

    Thank you very much! 

     

    So sad that they have you waiting for this long and who knows for how much longer. I wish you all the best and good luck with the lawsuit. Please keep us posted, I’ll be following your case always wishing for a quick and positive resolution.

    Thanks! I hope no one has to wait as long as me. I would have filed CR-1 instead of K1 if I knew this kind of b***s*** was possible.

    Unlucky 200 plus day club

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    10 minutes ago, Kzz said:

    Thank you very much for your quick and useful answer 👍 

     

    I’m so hopeless... Our lawyer never mentioned anything about the ombudsman or a lawsuit. Thanks to your information I don’t think we’ll go to the local office (RI) and given the wait time the ombudsman doesn’t look like an option either. A lawsuit sounds so complicated... but after all this wait with no explanation as to why, I guess is the only option. Does your lawyer have experience with cases like this? I’m wondering if lawsuits do work and how long do they take...

     

    Again, thank you very much!

    The lawsuit is a last resort and filed on the premise that the delay is unreasonable. There are laws that allow you to sue for this reason (Administrative Procedures Act, etc.), although it's not explicitly stated what is considered unreasonable and is at the discretion of the judge, typically based by districts and prior case law. I'm filing it Pro Se(by myself) because I doubt a lawyer will make any difference or do a significantly better job than me.  Also cheaper! But I don't recommend it for everyone. I'll see how it goes.

     

    Lawsuits take up to 120 days typically. Their lawyer has 60 days after receiving summons to reply, then they typically try to complete the petition within 60 days.

    Unlucky 200 plus day club

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    2 minutes ago, Kzz said:

    Oh no, I’m so sorry 😟

     

    We filed on February 12 and received NOA1 on February 15 and haven’t heard anything since then... We are in our second inquiry and waiting to see if our senator receives any information. Could you please tell me about the ombudsman? Do you think it is worth it? Also, have you gone to your local office? I’m thinking what else we can do...

     

    Thank you very much in advance!

    I went to the local office but they're just as useless as the phone line. I'm in NY which is basically a welfare state so you can only imagine the kind of people that are employed at USCIS here. The "immigration officer" was a 50 year old woman who couldn't even correctly print out an exit form. She printed the case number in the date area. LOL and much more mistakes...they told me no one at the office can help and refused to contact the california center. "All you can do is wait, or file an online request"

     

    You can attempt to contact the ombudsman. Nothing to lose, but there's a 4-6 month wait so hopefully you'll be approved by then. I'm still in line, but I'm filing the lawsuit as it seems like the only thing that has true power over USCIS are the federal courts.

    Unlucky 200 plus day club

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    4 hours ago, Cloud29 said:

    How many days you've been waiting? We are on 258 cause of security check too what step did you do? We submitted an inquiry then they said call on the 30th day that's on Nov 22nd hoping we get a result 

    364 days! 1 year anniversary of waiting tomorrow! What has it been, 4 inquiries now? Contacted ombudsman, they replied with "lol sorry 4-6 months backlog" and my senator hasn't received a reply from them after 1.5 months. Hitting them with a lawsuit in about 2 weeks. Tired of this incompetence.

    December 2017 I-129F Filers, Part II

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    21 minutes ago, Greenbaum said:

    I'm sorry that you are experiencing this set back. I am "fresh" when it comes to this procedure is there any chance you would be willing to share each step of the way with us and the outcome. This would be a learning experience and one that can be shared with others in their pursuit of closing this part of the process.

     

    My first question is how did you go about choosing a Lawyer?

     

    I wish you all the best in your quest. :thumbs:

    I am filing it Pro Se since this type of lawsuit seems rather straightforward. (hopefully)

     

    If successful, I would be glad to post my experience and help everyone experiencing unreasonable delays in suing the USCIS. I accept donations. ;)

    Interview questions, overstayed previously.

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    8 hours ago, Ayaoyao said:

    Hi there,

     

    i have my interview on November 21st and I’ve been reading past interviews to see what kind of questions have been brought up. One of them is: Longest stay in US. Back in 2014 I went to USA for 2 months then left(January and February 2014), and on March 1st 2014 I went there and stayed until August 31st 2014. I haven’t been back into USA until last year 2017 where I made multiple trips to see my fiancé and arrange lawyer for K1 visa application. My question is: is my past trips going to have any negative impact? I’ve been stopped at the border before but only to ask questions and always been let through. 

     

    Thank you.

     

    Overstaying means not departing by the latest date allowed by the VWP/visa. Eg you departed USA after 90 days while admitted through the VWP. This can lead to K-1s being denied and would require a waiver.

     

    The 180 day rule has nothing to do with overstaying and is just a guideline for border agents.

    December 2017 I-129F Filers, Part II

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    9 hours ago, Mary Oberte said:

    Hey guys! We still don’t receive any answers from USCIS. WE sent RFE August 4, they texted that docs were received by officer August 17 and after that just silent.. we called them and the man said wait until October 17 and still nothing.. my fiancée tried to call them few times and was on the line for 2 hours before call was canceled.. we don’t know what to do??? I am sad.. 

    Call center is useless. Submit a case outside of normal processing request online. It should tell you what they say is the latest status of your case. If it's stuck for no good reason, contact a senator.

    December 2017 I-129F Filers, Part II

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    35 minutes ago, OceansApart247 said:

    Thank youu I hope soo! Ridiculous is right, that’s where  I am scratching my head, was it a pure coincidence timing that it was finally my turn to be looked at? Or was it specifically because I reached out to my Sentator, little over 2 weeks ago & I get this response. I’ll never know what happened here. I sent in Iteneriarys of flights, boarding pass, bunchh of pictures, conversation also specifically telling my fiancé I am boarding the plane ill be there soon with time stamp etc. This time ill scan my passport stamps of the destinations re-send boarding passes and more photos with location/date on them, and If I can gather little more other things like even my luggage tag of location and other stuff I can find I hope it’ll be enough.

    Most likely not a coincidence. Your turn was a good 4 months ago. They're absolutely incompetent. Throw in a i94 for both of you (travel history) from DHS. You can get it online.

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