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1 hour ago, Legend of Summer said:

 

No strong evidence for a bona fide marriage. They started our text message containing too many emojis and not showing enough relationships, apple watch as a birthday gift didn't match each other since my wife said I gave her nothing for her birthday. My dad has asthma but my wife said he doesn't have any major health condition.  Some of the questions we got it "wrong" during the parallel interview, they didn't even ask my wife but stated we said different things. 

 

Now time for my lawyer to do the work. 

Doesn't sound too troublesome in all honesty if that was their biggest concerns. Should be fixable and hopefully the lawyer just pushes for visa issuance, but they could do another interview. But good luck, waiting sucks, but soon enough you'll be together. 

1 hour ago, Legend of Summer said:

a little update: 

 

Just received NOIR from USCIS.

 

However, my caseworker said they were unable to assist any further until I received a response from USCIS after submitting all the requirements for NOIR. 

 

Anyone knows how long does it take for USCIS to review the documentation for NOIR? Can anyone in the same situation share some information?

What was the issues from the consulate on the NOIR if you dont mind sharing?

2 hours ago, cookiemonster06 said:

Oh boy 😕 I'm sorry to hear that. My spouse just submitted the application last week (end of September, I forgot exact date) and it got delivered. How long did it take for you from delivery to receive your receipt notice? It seems like a month or 2 given your I-130 was approved in May. 

 

Definitely a shitty situation and especially the processing time. It feel like the ability to send this to NVC should not be this complicated. I'll update on when we get the receipt notice and also service center. 

I-130 was approved May, but due to numerous miscommunications with USCIS, I didn't send my 824 until mid July. Took around a month for the 797 in the mail. 

What center approved your I130?

Mines at Potomac currently. I-130 was actually approved in early May but due to USCIS telling me multiple times (from multiple different agents I'll add) that my 130 was forwarded to NVC, even the date it was sent. Contact NVC and they have no record of it, lawfirm says I don't need to submit I-824, tier 2 at USCIS finally says I have to submit I-824. Didn't get my receipt notice until July 28th that USCIS has received the I-824. 

Yeah the process feels like a jail almost, lock you away even after they approved the I-130 already, which in all honesty, if USCIS did not know what to do with it, they should have sent an RFE and not approved the petition. But, without the I-824, they wouldn't get an extra $465 from people 🤷‍♂️.

Working with the Congress office currently. 

52 minutes ago, Legend of Summer said:

I created C1 Venture X in her name and she's using it. 

Sounds good, I think you'll be alright, you have more time together and are showing finances together, the wait is awful, but get that NOID and hopefuly the extra proof you have will take care of any concerns. 

1 hour ago, JeanneAdil said:

MY NOIR had a paragraph which read 

 

INTENT TO MARRY WAS BONA-FIDE

 

the petition was filed (date), and has now been pending for nearly a year, please provide current bona fides of evidence to establish that (my name ) intent in marriage was to establish a life together with (my husband's name).  Further evidence may include,  but is not limited to comingling of finances or joint ownership of property,  ..........

 

I sent proof of joint tax returns,  getting a ITIN ,  using ITIN to add him to bank account,   getting a POA from him and adding him with a deed of our house (and in the letter I called it OUR HOUSE not MY HOUSE),  added him to my water bill

 

Additionally it said 

(a)  proof of joint insurance policies with the other as bene (would be life insurance)

and 

I could submit affadivits of others for statements of marriage

 

I suggest u start to get the proof(s) u need to prove bona fide relationship by spending quality time together (( i spent months  in Moroc) and think to commingle your assets as further proof OR live in spouse's country  OR give it up

Good advice, I did most of that myself as well, besides opening a bank account together, my bank requires having a SSN for that. But I do have her as authorized user on my capital one credit card and brought her a card to use, capital one app makes it easy to see who used the card and when/where. Filed taxes married but separate, at least those will show that for the 2022 year. 

I would do this @Legend of Summer while waiting for the NOID if you haven't already. The sooner you do it, the less it shows it's just being done to satisfy an NOID/R

15 minutes ago, Boiler said:

What did the Lawyer say you should do?

He offered they can help for $4200, they would take care of it all and get the I-130 sent to NVC without needing the I-824. Did also offer other things for that charge, like the NVC process as well, asked a few times and told, the I-824 is unnecessary. 

I don't have $4200 lying around just on chance and could still need the I-824 plus a year of waiting.  

Hell, for all I know, they don't need to use the 824 and can get stuff done.

Did also say, if I choose to not use their services, the I-824 should be around a six month wait. This was before I sent anything and knew what SC the form was at.

10 minutes ago, Boiler said:

I have always supported WoM. There are some situations I may be hesitant, it is not a go for it no matter what.

 

I 824 I simply do not know, I do not recollect seeing anybody file. Not sure I have come across many DIY's so $5k for most people is not insignificant.

 

Hacking has done 1600 WoMs, might ask them if they have done any I 824s and what they think the time cut off is.

I had a consultation with them prior to sending in my 824, the lawyer actually advised to not send in the I-824 even when sent an email of the 797 from the I-130 stating the petitioner must file an I-824 if they do not wish to do an AoS and do consular abroad.

I always heard great things, so that's why I did a consultation. Hell, even a Tier 2 at USCIS and 3 regular agents told me the I-130 was sent to NVC and on what date, NVC said they have no records of receiving it. It wasn't until I finally spoke with another T2 that he told me the I-824 is required if I want to get it sent to NVC. 

Still nothing bad to say about Hacking, just odd they would advise against filing the 824 in my position. 

20 minutes ago, Mike E said:

That used to be the prevailing view on

VJ. Then people started to test that, and found that the government rarely challenges a WoM.

 

The WoM here is for I-824, not I-130. Presumably I-130 is already approved. So on what legal basis would an approved I-130 be denied? 
 

“You hurt out feelings, so we are canceling I-130”

 

?

 

That was my thoughts, but I don't know enough about it to say anything. Our I-130 has been approved since May of this year. They could deny an 824, but on what grounds, all they use the form for in my situation is, does the I-130 stay or go? Deny the action to adjudicate the form and have to re file it? 

40 minutes ago, appleblossom said:

 

I know it might seem like common sense to you, but plenty of people who live outside the US decide to stay and apply via AOS whilst on a visit. They can't just assume that you weren't trying to do the same..

There is no denying that happens of course. But that also should be why they would send either an RFE and not approve the petition or send an email/MyUSCIS notification that they need to clarification on what the petitioner wants to do with the I-130, is the beneficiary here or abroad. Heck, even them approving it, and just needing a call to USCIS to say, send it to NVC please.

It would make more sense if the I-824 in these specific situations, would require proof sent with it that the beneficiary is either in the U.S or in their home country, not just $465 to check a box that requests a petition moved to the NVC. 

That would make sense that they do not understand what to do and require proof, what does not make sense is when someone has to submit a form that has the exact same information on it, that is on the I-130. 

I'm not here to argue the point of this form, all I really wanted was clarification if anyone knew what my congressional inquiry meant, it just kind of snowballed in to this mess of me going in circles. 🤷‍♂️

49 minutes ago, Troy B said:

Honestly, if you have to file an i-824 doesn't that mean you messed up the i-130 submission?  Remember WoM aren't always successful.  And an unsuccessful WoM would result in a denial.  Requiring to re-submit an i-130 and waiting on that.   As noted i-824's seem to take about a year.

Irregardless of a mistake, there are some things that just shouldn't be the way they are. It's poor practices on USCIS side of things. Humans are not robots, I get I need to wait now, that's besides the point. 

Common sense should come to play, I filled out both spots, a person should know looking at an I-130 that states the beneficiary current address is not in the U.S with me, so obviously they would not be doing AoS at a FO. That should not require a $465 fee to submit a form to move a form. An RFE or email would solve the issue and reduce the backlog for cases that actually require the 824. 

This is not a case of someone lied to a consular deal with the consequences, this is bad practice on a form that shouldn't be required in specific situations. 

@Mike E This is true? An unsuccessful WoM denies whatever form it was sent in for? 

17 minutes ago, Mike E said:

Nah. They only have to hit the go for new cases. They did the same thing for I-130, N-400, etc. Last in, first out

Which is then where a WoM should get something moving after a 3 month period of waiting. If their end of fiscal year 2023 is a 3 month 824 from time of receipt to adjudication, than I will def submit a WoM if I don't hear anything in the next few weeks. 

1 hour ago, JeanneAdil said:

that's the Goal/   its not reality

Not only that, to get to that goal they would have to reduce the giant backlog of I-824s all the centers currently have. It won't be overnight, but maybe they have been trying to get more staff, I see they always have job fairs at the different service centers and field offices. But I can't imagine many people are knocking the door down to become officers. 

8 hours ago, Legend of Summer said:

My i130 got rejected a few months ago by the US Consulate in Ho Chi Minh City.  They are sending it back to USCIS for NOIR/NOID.  Should I file it again since it takes another year before I can hear anything from USCIS according to many people? What are the pros & cons?

I read through your previous post, you mentioned you have/had, a lawyer, what advice did they give? I would guess a lawyer that is not just there to take your money, would say to wait for the NOID to come so they know exactly what to tell you and your spouse to gather as proof to refute the issues on the NOID. 

1 minute ago, Mike E said:

You posted a screen shot saying their SLO is 3 months. Has been 3 or more months?

I'm waiting almost 3 months now, that picture is the goals they want by the end of Sept this year, the cycle time goals. I suppose if I hear nothing after the full 3 months pass, I can submit a WoM and put that screenshot from their own website as grounds of making a decision. 

4 hours ago, W199 said:

What evidence did you submit? 

I'd be interested to know this as well, did they both attend the interview, what questions did they ask and why they decided they don't see enough evidence for marriage? You must have a marriage certificate to get through USCIS I'd assume, pictures of the wedding, were questions answered incorrectly from the consular? Did the consular question the answers given to them? 

2 hours ago, Mike E said:

It means they are doing nothing. They spent more energy responding to your Congress person than sending the case to NVC.

 

But they really do not like spending energy defending a WoM.

 

I think it has come to that. When do you think it come to that?

Maybe I misinterpreted the information in the link. It can be done anytime or only after 180 days? I'm not at 180 days yet and would not want to waste the $400 fee to process the WoM. But also imo, the I-824 in my specific situation, should never have happened, it either should not have been approved and sent an RFE or it should have been just sent to NVC, as during the adjudication process, they see that her current address on the I-130, is not in the U.S. 

There is nothing on the I-824 that specifies where the beneficiary will interview at, only the address you provide on the form, which is what is on the I-130, and you check to 'send my approved petition to NVC'. Outside of just taking up time and getting more fees, was it an avoidable error, definitely, but this entire process could also be remedied even without an RFE, but by just sending an email or notice through MyUSCIS, that they need clarification from me that I want the petition forwarded to NVC and that can be done by a call to USCIS or email. 

2 hours ago, Mike E said:

 

Thanks, I'll keep that page for the good information if it comes to that.

Do you have any thoughts on what USCIS verbiage 'in line pending' could mean? Nothing has changed on MyUSCIS online and the only way I can get any updates about the Potomac center is from agents themselves. The vague Congress response and no option for Potomac service center in case tracker, though the USCIS website does say they are working to get all SCs with tracking times "eventually".

I am unable to submit a WoM yet, as I'm not past the 180 days qualifier.

1 hour ago, Boiler said:

Dream on

😅 That was exactly what I was thinking too. Not realistic at all.  

48 minutes ago, Boiler said:

They seem to take a year. Give or take.

I'm interested in how they will hit these new cycle times by end of FY23. Is this them saying they are aiming to get an I-824 done in three months from time of receipt? 

Got an email about 30 days after they submitted an inquiry. Got this as part of the response. 

U.S. Citizenship and Immigration Services (USCIS) confirm your constituent’s case is in line pending. We do not yet have established processing times for this form. In the interest of fairness to all applicants, USCIS generally processes petitions and applications in the order they are received and there are a number of pending cases.

My question is because it is at Potomac, there is no way to check processing times for this form online. Is "in line pending" just template speak to say they received the form? The only information I got from an agent at USCIS was that Potomac is currently working on 824s received in March 2023. 

On 8/17/2023 at 12:14 PM, Ryan & Rachaya said:

 

Since the last time I did this in a hurry it cost me $500 and a year of my life, I'm trying the slow and careful route now. As always, thank you for the help. See you in a year

 

What did you choose to do? It looks like all I-824s outside of Nebraska are about the same wait as a new I-130. 

I had to send an I-824 on our approved I-130, it's currently at Potomac, just waiting to see how long it takes. 

I also debated sending a new I-130, same issue as you, they think Adjusting as I left Immigration Visa country blank, yeah we all make mistakes, humans do it from time to time. But I settled on the I-824 after some debate, since that was the only issue on the form, decided to just see how long the 824 takes. 

My guess, anywhere from 4 months to 2 years. 🤷‍♂️

37 minutes ago, KD187 said:

Well we can’t go in   There and be like by the way we lie 7 years ago.  That’s automatically denied . So best option is to make sure  our dates when starting dating is not around that time. I mean there is no way they can tell we were dating. There’s nothing online if the check saying that.   

I think you are looking to deep in to this, there is no need to lie. You can be honest about it and just say, at the time we were friends, I wanted to visit to see how we got along in person, it was denied so they came to me instead. 

Getting caught in a lie, especially with immigration can have life altering consequences. Maybe they can't check, but if the stories don't add up or multiple different stories being told, someone will question it eventually. 

Best to just stay on the safe side. But it's your life, do what you think is best. 

On 7/31/2023 at 9:48 PM, Allaboutwaiting said:

You are still messing things up when you describe your case, talking about ”him" being interviewed, when, from what I've understood so far, you are the husband/foreigner/beneficiary/person that will be interviewed.

 

If you are all over the place when posting, it might get worse during interview.

It looks like both parties are using the same account to post questions and responses, I think that's where the confusion is coming from. 

6 minutes ago, Mike E said:

That one

 

Thanks, so after filing it, is there a way to know if it will go back to Nebraska or if it will go to some other service center, or it's just luck of the draw on where they get sent after the lockbox office sends them off?