Jjackson123

2 hours ago, millefleur said:

Frustrating... so only option is to physically mail a letter.

Sorry for the spelling mistake in the last response. Talking on the phone and writing, The email did say they sent it to two departments. Hopefully they will do something but I am not getting my hopes up. We fly to the U.S August 21 using U4U.

18 minutes ago, millefleur said:

Frustrating... so only option is to physically mail a letter.

Well they said my concerns were forwarded to those house. 

23 hours ago, millefleur said:

Her family members can also apply for U4U if they want to be with her in the US while she's waiting for her AoS to process.

This is what I received from the Office of inspector General Hotline. 

We are writing regarding the complaint that you submitted to the Office of Inspector General for the U.S. Department of State.  We have reviewed your complaint and determined that the appropriate office to address your concerns is the Bureau of Consular Affairs, Executive Office, and the Department of Homeland Security, Office of Inspector General. Your information has been forwarded to each office.

The OIG will take no further action on your complaint.  If you have questions, please contact the Bureau of Consular Affairs, Executive Office, and the Department of Homeland Security, Office of Inspector General, using reference number*****  We cannot provide telephone numbers or e-mail addresses for the Executive Offices, but you may send a letter to:

U.S. Department of State
Bureau of Consular Affairs
Office of the Executive Director
SA-17, 7th Floor
Washington, DC 20522-1707
United States

U.S. Department of Homeland Security
DHS Office of Inspector General/MAIL STOP 0305
Attn:  Office of Investigations - Hotline
245 Murray Lane SW
Washington, DC  20528-0075

6 minutes ago, Family said:

It will not bypass AWA clearance time…I feel for you on that .only way to speed that up is NOT to file new I-130 but file WOM lawsuit for delay ( after you get here and secured the AOS is in)

You can and should submit FBI and statement that you have no contact w law at all.

6 minutes ago, Family said:

It will not bypass AWA clearance time…I feel for you on that .only way to speed that up is NOT to file new I-130 but file WOM lawsuit for delay ( after you get here and secured the AOS is in)

You can and should submit FBI and statement that you have no contact w law at all.

Do I submit it as evidence in the WOM lawsuit.

I cannot send anything to the USCIS. I just spoke with them they don’t even know where my case is… so I get to wait on a second agent to call me within a month…

2 minutes ago, Jjackson123 said:

Do you think filing a new I-130 will streamline to process and possible bypass the Adam Walsh #######? 

Can I submit my FBI background check with the petition?

Would filing an new I-130 petition now and getting a congressional expedite be worthwhile?

We will be in the states in three weeks. 

51 minutes ago, Family said:

On the forms you mark UNK ( unknown) and submit copy of NVC email correspondence. I again point out , for the sake of expediency it’s worth filing a new I-130 anyway.

Once you get in prepare I-485 , either copy of previous pending I-130 case number or new I-130, I-765, I-131, I-864 and have her do a medical for I-693.

 

Within approx a week you will have Notice of receipts for all and she will get a biometrics ASC appointment In about a month. 
If grandfathers health takes a turn for the worst, she can call in an expedite request for the AP ..but I would expect it to be approved 4 months after filing even without it.

Do you think filing a new I-130 will streamline to process and possible bypass the Adam Walsh #######? 

Can I submit my FBI background check with the petition?

3 minutes ago, Family said:

 

Your wife applies for I-485 and I-131 advance parole at the same time. She needs to wait for the AP there is no guaranteed “clock time but AP  are pretty fast, even if I-485 I-130 is delayed due to AWA clearance needed.

Wow thank you so much. She can travel with the I-131?
 

Also, what can I do if I don’t have a USCIS number and the embassy or USCIS does not have one for my case? All I have is a NVC number. 

2 minutes ago, millefleur said:

If she applies for a tourist visa, be sure to update us on the outcome.

I sure will. Thank you everyone for your help!!!

2 minutes ago, millefleur said:

You can always have her apply for one, there's no rule that you can't.

I guess we will get our butts home. I have been in Europe for too long...

Just now, Family said:

Just get on the plane and come home…why would you think someone who was approved for Humanitarian Parole ( escaping life threatening home country conditions) should go ask for a Pleasure Visitor Visa?

So we could leave the states to visit her family in 4 months and not have an issue coming back home. Her grandmother is not in the greatest health. I would hate for her to have to stay in the states and not leave because U4U they cannot enter multiple times. The counselor who handled our case in Cyprus said we should apply for a tourist visa.This was of course before the U4U approval,. 

3 minutes ago, millefleur said:

Her family members can also apply for U4U if they want to be with her in the US while she's waiting for her AoS to process.

Father cannot leave Ukraine unfortunately. Everyone else can though. 

4 minutes ago, millefleur said:

The DS-160 form would not have any special questions like "Have you applied for U4U?" so it would be something she would have to tell them at the interview window. Since you have an I-130 in progress, it shows immigrant intent so her chances of getting a tourist visa seem extremely low.

Nope the DS-160 had zero verbiage about the U4U. 

1 minute ago, Family said:

I presume you are the USC..and you move about freely . Your family was granted U4 U .

The AWA is for you the USC/ petitioner right? ..Though I can’t see them stalling the I-134 because you are the sponsor, prepare to pushback and fight the issue…most effective would be to have a friend or family member ready to step in on their U4U.

 

Once in the US ..it doesn’t matter how long they take to clear AWA because a work/travel  permit will be granted very fast so life can move on

I am the USC and my wife the beneficiary. Both clean criminal records. She has already sent her police certificates to the embassy.  We already have travel authorization under U4U so we can fly tomorrow. 

1 minute ago, Boiler said:

You think this is a joined up system it is not.

 

I would file to adjust and travel on AP, send in the receipt for the current I 130 and then however long it takes well you are covered 

The problem is we don't have a receipt number. Only a NVC case number. 

1 minute ago, Redro said:

But you’ll be together in the US. Better to wait out the process here than overseas… 

Yea, you are right. We have been living in Cyprus as refugees... 

Just now, millefleur said:

Does U4U require a travel visa in addition to approval?

No, I am curious if having the U4U already approved it would increase the odds of getting a travel visa for her or should we just cancel the tourist visa appointment? 

1 minute ago, Family said:

Just come on the U4U and file I-485 here. I would pay the extra $535 and file new I-130 at that time as well. Not necessary, just my instinct 

That still won't clear up the AWA? What the total process time frame is we just file a new I-130 and submit a I-485? They must know my name is clean and just doing things slow. Why else would they give us U4U approval???

1 minute ago, Jjackson123 said:

Nope, I have never been arrested in any country. Someone with a similar name must have flagged my petition. 

Still how long can this possible take? It was supposed to be a 6 week process not 2 years.... I have multiple FBI background checks ran on me every year. My business works on foreclosed homes for Chase and Wells Fargo. How long do you think it will take? 

Just now, Family said:

Although there was a six month lag between “electronic “ file and diplomatic pouch “paper “ file movement..the notice for AWA flag did go out and unfortunately even without that six month delay , AWA is a long and delayed process. It’s only handled by Vermont and no amount of complaints will make it move faster.

 

You could try filing a WOM , at most WOM will be dismissed.

 

Does the Petitioner have a rap sheet or history of arrests?

Nope, I have never been arrested in any country. Someone with a similar name must have flagged my petition. 

1 minute ago, millefleur said:

Yeah, that's the downside of AoS. You're stuck in the US until you get the Advanced Parole card. There's also a wait on getting work authorization as well.

 

Getting the CR-1 visa is the pretty much the same as having the green card (it becomes permanent residence the minute she is admitted into the US by CBP) so it is the "faster" option in terms of getting the GC, which allows freedom for work and travel from day one.

 

It's really up to your situation and how much time you can afford. If you can wait it out in Ukraine or Cyprus, then it's the faster option towards getting the GC.

We will travel to the US under Uniting Ukraine. We got travel authorization today. Then wait for the CR1. I think it will take a month or so when the I-130 is approved. We waited 15+ months already I hate to throw that away. 

Also, Since we were approved for Uniting for Ukraine do you think the Embassy will approve a travel Visa? We have an appointment on august 8 in Cyprus. 

1 minute ago, millefleur said:

About transferring the case, that's a good question. I feel like since the embassy itself admitted they made a mistake, plus the Ukraine connection, you have a very good argument for an expedite. 

 

 

She would not be able to travel during a AoS correct? We are in Ukraine right now. I know she will want to see her family within 6 months. Which I understand completely. 

1 minute ago, millefleur said:

That is infuriating. Honestly given how bumbling this embassy is, I would just forget DCF and go via the U4U route and to AoS inside the States. 

 

It's already annoying to deal with USCIS, dealing with a bumbling embassy on top of that doesn't seem worth it to me. If you do AoS from inside the States, at least there won't be the Embassy acting as middle man, it'll all go via USCIS. 

The only thing that worries me is how long will it take???  Can I just have the embassy transfer the case? I'm worried that the case could almost be approved but we pull the plug and have to start over again. I am not sure if we can even be expedited with an AoS.

2 minutes ago, millefleur said:

 

Yeah, DS-260 is not supposed to be filled out until after the I-130 is approved. Very weird. This Embassy sounds extremely bumbling. 

 

So, the Embassy messes up, allows her to fill out the DS-260 before getting approved, then they turn around and say they can't approve the I-130 because of the AWA namecheck thing, now they tell you it's up to USCIS/NVC. 

 

And you have heard nothing back from USCIS/NVC on this matter?

4 minutes ago, millefleur said:

 

Yeah, DS-260 is not supposed to be filled out until after the I-130 is approved. Very weird. This Embassy sounds extremely bumbling. 

 

So, the Embassy messes up, allows her to fill out the DS-260 before getting approved, then they turn around and say they can't approve the I-130 because of the AWA namecheck thing, now they tell you it's up to USCIS/NVC. 

 

And you have heard nothing back from USCIS/NVC on this matter?

I USCIS or NVC does not know where the petition is at. They have been giving my congressman the run around. Even the embassy admitted they made a mistake on this case. 

Our records show that your constituent, Mr. ****, filed an I-130 petition for Ms. *****at the U.S. Embassy in Nicosia, Cyprus on March 24, 2022. The U.S. Embassy in Cyprus forwarded Mr. *****information to USCIS for an Adam Walsh Child Protection and Safety Act ("Adam Walsh Act") namecheck. We did not receive an approval from USCIS, so we were then contacted by the National Visa Center to transfer the petition to NVC. This office mistakenly transferred only the electronic case file to NVC on April 4, 2022 (the case was opened too early in error in IVO and should not have a local case number). I discovered the error last fall and I transferred the paper file (the original petition) to NVC through Diplomatic Pouch in October 2022. NVC received that file on October 31, 2022 and transferred it to USCIS. Please see attached scanned copy of the Petition and the cover memo when I sent the petition to NVC in October 2022.

If USCIS can proceed with the photocopy of the petition, we await approval of the Adam Walsh Namecheck and we can continue with this case.

6 minutes ago, millefleur said:

If it is approved tomorrow, let's say, then there are still other steps on your side that have to be done. Have you completed the Affidavit of Support and gathered all the other docs you need?

 

They don't care about where the petitioner is after the I-130 has been filed with the embassy. So you're fine. The thing is, once the I-130 is approved by the Embassy, they want your wife to be in the country so she can do her medical and then attend the interview, and then pick up her passport. 

The Embassy did say she could go back to Ukraine while waiting. We will have to get a police report from Ukraine which is easy and Cyprus. 

Just now, millefleur said:

If it is approved tomorrow, let's say, then there are still other steps on your side that have to be done. Have you completed the Affidavit of Support and gathered all the other docs you need?

 

They don't care about where the petitioner is after the I-130 has been filed with the embassy. So you're fine. The thing is, once the I-130 is approved by the Embassy, they want your wife to be in the country so she can do her medical and then attend the interview, and then pick up her passport. 

They let me send them in and we completed a DS-260. The visa status checker says the case is ready lol. I don't even think they were supposed to take those documents in but they did via email. They don't have a workload so it would not take long for the rest of the process. 

1 minute ago, millefleur said:

Benefit of the DCF CR-1 is that it would be faster in theory, but that already hasn't been the case here.

But will they let me finish the DCF while we are stateside? I have no clue really. I guess I can email the embassy.