biggish data

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

With the updated instructions, for whatever reason, it no longer states to write 'none' or 'N/A', but it did when I was going through it. But, since the I-864EZ isn't like the I-864 with the generated bar-code, then any box left blank may leave the reviewing officer thinking you missed the question, thus issuing you a checklist. I don't think a "see written explanation" is needed for questions that you answer with 'none' or 'N/A'. That seems a little weird to me. Plus, what would you write in the written explanation? "I put 'N/A' in question ## because the question wasn't applicable to me". That's just redundant XD

If the updated instructions no longer having that information, it isn't fair for the NVC to send checklists because someone didn't put "N/A or none".

I expressed this to the NVC phone reps multiple times. How can they send a checklist for something they don't tell you to do in the official written instructions? Otherwise, where does it end? Every time the NVC gets backlogged they could just start sending out erroneous checklists again like they did last month. I truly believe there was an intentional effort in September to create more processing time because of the DS-230/DS-260 transition and the subsequent problems. Quite a few people got caught up in that transition and have experienced unnecessary processing time due to invalid checklists.

jayjaym

Male

United Arab Emirates

2013-11-12 23:57:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

Don't send anything to NVC unless it's requested for first. They may not catch the mistake, in which case bring a corrected an I-864 to the interview. If they do catch it, wait for the checklist to be issued, then send a corrected form to NVC.

The I-864EZ still requires 'none' or 'N/A'. The I-864 was updated where a bar-code is generated as information is inputted (the I-864EZ doesn't have this), so because of that, you leave things blank if the answer should be none or N/A as it will change the bar-code at the bottom.

Do you know where in the I-864EZ instructions it tells you to put "N/A" or "none"? I don't know if I am missing it or if it just isn't officially there in the written instructions.

I did get the checklist because of not putting N/A in one spot on the form but after debating with an NVC phone rep about the need to do that, she could not quote me the official instructions. In fact, one NVC phone rep instructed me to write more than just "N/A or none", she wanted me to write "N/A" and then "See written explanation." After debating with her about the need to do that, she told me that I wouldn't find anything officially telling me to do that, but she is basing it off her experience.

jayjaym

Male

United Arab Emirates

2013-11-12 22:35:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

You are correct. Putting N/A isn't found anywhere in the instructions or on the NVC website. However, my I-864EZ was kicked back because of it. I don't have any knowledge of the normal I-864 form though.

Here is part of the response my Senator got from the NVC:

"The NVC sent an email to Mr. ******** requesting additional information regarding his Affidavit of Support form on *******. We need to receive an I-864EZ form filled out by *********, as he left ****** completely blank. He should resubmit his Affidavit of Support form and indicate ?Not applicable? or N/A? on ******. "

I took out any specific information about me or the petition, but you can see that the NVC most definitely mandated that nothing be blank. The phone reps also told me that every block should either be filled out, or have "N/A" in it, and nothing should be blank.

Edited by jayjaym, 09 November 2013 - 06:23 AM.

jayjaym

Male

United Arab Emirates

2013-11-09 06:20:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

Question i-864 EZ part 2 information on the immigrant you are sponsoring:

6. Alien Registration Number ? we can leave that blank right?

At this point do i add it if I see it on NOA2 ? There is an Alien registration number but its in petitioner column I dont understand why. whats the purpose. is it for beneficiary?

I am confused with that number on there.

Part 2 is only for information on the immigrant you are sponsoring. Part 3 is only for information on the Sponsor.

Part 2 - 6. Alien Registration Number - If the immigrant had an alien registration number you would know it. It isn't something you get on an NO2. Don't forget that the I-864EZ is used for other types of petitions so there could be blocks that are not applicable to you situation. For instance, Part 2 - 5. Social Security Number - most immigrants don't have one of those yet, so you just put "N/A" in that block.

I had my original I-864EZ kicked back because I did not put "N/A" in one of the blocks - I left that block empty. The NVC phone reps told me that they are very strict about empty blocks on that form. I had to resubmit the I-864EZ just to put "N/A" in a block and had to spend another $120 for document shipping. So I strongly suggest you put "N/A" in every block that isn't applicable to your situation.

jayjaym

Male

United Arab Emirates

2013-11-09 02:45:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

I have a question about NVC expedite... I know with the USCIS stage, they try to process your case within 30 days of the granted expedite. What happens with the NVC stage? Especially with us both living abroad?

Thanks, and like everyone has been saying.... this topic is amazing.

I think every approved expedite has a different final processing time. There doesn't appear to be a standard. It could get done in a few days or a few weeks. Like you said though, I'm sure they would try to get it done in less than 30 days if possible. Either way, it will be much faster than the normal processing time, which at this point is not anywhere near less than 30 days.

jayjaym

Male

United Arab Emirates

2013-11-08 07:22:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

I've actually never asked for a supervisor. However, I happened to get the same 1st level lady a few times (30+ total calls) and she is very friendly and helpful. She tried to transfer me to a supervisor twice but none were available. This time the transfer was unexpected and I didn't ask but because the rude lady couldn't answer my questions and I kept insisting that she provide me an answer, she then gave me the "just wait on hold" comment out of the blue and put me on hold. When the phone picked up again after about 10 minutes, the woman on the phone said she was a supervisor and I could definitely tell she had access to much more information.

From my personal experience and from what I've read on here, the 1st level phone reps do not have access to your specific case file. They apparently only have access to a summary of your case, which also includes some type of notes or comments from the actual case reviewer. I don't really know if they are required to transfer you to a supervisor if you request it. I suspect that they will not transfer you if they feel they have answered your question properly and the supervisor could not give you anything further. Otherwise, everyone would just immediately ask for the supervisor transfer. I think you can get the transfer by repeatedly asking questions that the 1st level phone rep cannot answer. If you are persistent and express that you are not going to accept a non-answer to your question and you feel a supervisor can give you the answer you want, then I think they might be obligated to transfer you.

I will be calling again on Monday. If I get the really friendly and helpful lady again, I will ask her about it. She has been straight forward and honest with me on every phone call.

jayjaym

Male

United Arab Emirates

2013-11-08 02:19:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

does the NVC stage go slightly quicker for those with lawyers since they skip the "choice of agent" step?

i remember reading here that case gets scanned onto their system.

That would make sense.

It really did seem like the supervisor had access to my supporting documents somehow, because she put me on hold for a few minutes and when she came back on the phone, she seemed to agree with me that there was an obvious error made and said she would have the documents reviewed again immediately. She even told me she would email me directly and I could then email her back directly if I had any further issues. Although, that was two days ago and I still haven't gotten an email from her.

jayjaym

Male

United Arab Emirates

2013-11-07 23:43:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

Hey i got the same scenario i as well receive a checklist fr ds260 the 13 of september knowing i had sent the ds230 already.i mailed the police certificate just in case the 20th o september.30 business days pass and the ds260 was put on supervisor review and monday it was review and i was sent a checklist for police certificate knowing i mailed it as well.so they put that in supervisor reiew monday.when was your things put in supervisor review?

quote name="jayjaym" post="6632838" timestamp="1383814013"]

We are still stuck at the NVC - waiting and waiting and waiting on Supervisor Reviews.

The most recent problem is that the NVC failed to properly review our marriage certificate and my wife's annulment paperwork from her previous marriage.

The marriage certificate we submitted meets the requirements for approval - it is original (actual one used in our wedding ceremony), certified, stamped, sealed, attested by every possible government office in the United Arab Emirates. The marriage certificate is also certified, stamped, and signed by the Philippine Embassy in the UAE. Nobody in the entire world has a more original and/or certified marriage certificate - it just isn't possible. The NVC looked at it and then sent us an RFE requesting an original marriage certificate. The also requested we send a marriage certificate from a Sharia Court. Nobody at the NVC can tell me what that means. We were married in a Christian Church in the UAE. The marriage certificate is registered, sealed, stamped, and signed by the UAE Ministry of Justice - which is a court, and being in the UAE, it is also a Sharia Court. There are no non-Sharia courts in the UAE. The seal is on the back of the certificate and it is huge. You can't miss it if you take the time to properly check it. This is an obvious error on the part of the NVC.

The annulment documents we went meet the requirements for approval - they are authentic certified copies from the issuing authority in the Philippines. They are certified, stamped, and signed by both the court in the Philippines and the Philippine Embassy in the UAE. They also have the infamous Philippine government red ribbon attached to them. It is not possible to get a more authentic certified copy of those documents. They do not give you the original documents. The NVC clearly states that certified copies from the issuing authority are perfectly acceptable. Cleary this is another error by the NVC.

I don't understand how someone could have reviewed both these documents and come to the conclusion that neither of them are good enough, when both clearly meet all requirements for approval. In addition, my documents and DS-230 have been at the NVC since the second week of August. I got caught in the DS-230 to DS-260 debacle. My DS-230 supporting documents were originally reviewed on September 13th - on that date I was sent an RFE and asked to submit the DS-260 and there was no mention of a problem with the marriage certificate or the annulment documents. It took over 4 weeks for them to finally review the DS-260 and that is when I got the RFE about the supporting documents. The NVC is telling me that it will take another 30 working days for someone to look at those documents again. This is just totally unacceptable. It wouldn't help to resubmit the documents again because they would be exactly the same as the documents the NVC already has in their possession.

The expedite criteria for the NVC is supposed to be the same as the expedite criteria for the USCIS. One of the potential situations listed that could get an expedite approved at the USCIS is "USCIS Error". I am going to assume that means the USCIC reviews documents or forms, which are 100% accurate and should be approved, but for some reason denies or sends an RFE in error. This seems to be a valid reason for expedite approval because human error can create unnecessary processing time for the petition. Considering the already ridiculous waiting times, it would completely unfair for someone to go to the back of the line because of human error at the NVC.

I submitted an expedite request and it was denied. I resubmitted the exact same request again the next day because this is absolutely an error by the NVC and that is listed as a valid reason to get an expedite approved. I haven't gotten a response yet for the second expedite request.

I've gotten my Senator involved as well, and reading the NVC responses to him, I think that is helping correct the problem but things are still not moving fast enough in my opinion. I should have been out of the NVC 30 days ago and should be getting ready for an Embassy interview right now. Instead I am still waiting and waiting for someone to properly review my 100% approvable supporting documents. I realize this isn't the nghtmare scenario that some people have faced but the human error thing is very frustrating.

Has anyone else faced a similar issue? Anyone have any luck getting an expedite approved due to human error at the NVC?

[/quote]

I initially asked for a supervisor review for my AOS package in early September. That wasn't completed until almost 7 weeks later and only then because I started calling every day and telling them it was taking much longer than the original 15 working days I was quoted and it was also past 30 working days. They've since changed their supervisor review timeline to 30+ working days - 30 working days being the "minimum". I think I asked for the first DS-230/DS-260 supervisor review around September 22nd. They seemed to get that done last week but I think only because it was pushing the 30+ working days timeline and the day before they got several emails and calls from my U.S. Senator. The problem though was that the supervisor review produced the two glaringly obvious errors I mentioned above. To correct their errors, they quoted me another 30+ working days for another supervisor review. That's when I decided I've had enough and started calling every day again and asking for a supervisor. I'm not willing to wait another 6 weeks because someone can't properly review my documents.

Someone mentioned earlier about a suspicion that the NVC is sending out checklists to intentionally create extra processing time for petitions without going over their normal processing timelines. I agree with this suspicion 100%! I also think the NVC used the transition to the DS-260 in a similar way. There are people who submitted their DS-230's 4-5 weeks before the cutoff date of September 3rd, then had the NVC review their DS-230 after September 3rd and send them a checklist to complete the DS-260. It took them 2 weeks to review my DS-260 after it was submitted. In those cases, the DS-260's should have been reviewed immediately. Nobody is asking to jump the line but when our DS-230's were submitted that long prior to the cutoff, we shouldn't have had to wait any longer for the DS-260 to be reviewed.

I'm not even sure what the normal NVC processing timeline is anymore. I guess there is a new NVC "we are flooded with petitions and can't keep up so let's send out a bunch of checklists and accidently miss completely accurate and approvable documents so we don't mess up our processing timeline reports when send to Congress" processing timelines. We are apparently under that new and improved timeline, which could be anywhere from 90 days to sometime in the year 2045.

jayjaym

Male

United Arab Emirates

2013-11-07 23:39:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

Sometimes, the people who answer the phones at NVC amaze me with their attitude and ignorance. Just a vent. I had to repeat my case number about 8 times to a really rude woman. She sounded like she's older, definitely a native of the NH area. Just plain old rude and unhelpful. She insisted that I was reading her the wrong number, at least 7 times. Luckily, most of the people are friendly. </end rant/>

Anyway, no movement on my AOS. It arrived one week ago, so I gave it a week before calling. My IV package arrived today. She told me repeatedly that they're taking 30 days to review the packets. Has anyone had any luck getting a review quicker?

lol seems like we both spoke to the same NVC person !
she was extremely rude and didnt let me repeat the case number a second time. she messed up somewhere with the zeros. waited over an hour to get through only to get an incomplete case number. ugh

I think I also talked to the same person a couple days ago. Most of the phone reps I've spoken to in the last 6 weeks have been very friendly but the one I got a couple days ago was very rude and combative. I would describe her exactly the way you did. She ended up transferring me to a Supervisor but did it by cutting me off mid-sentence and saying very sarcastically, "just wait on hold". I know everyone has bad days and I'm sure the people answering those phones get bombarded all day long, but such is the nature of a customer service job, and since my taxes and petition fees are paying her salary I don't think it is unreasonable to expect friendly, courteous, and helpful assistance. The supervisor was friendly and helpful though. That was the first time I've been transferred to a supervisor and it did seem as if she had more information available to her. I'm almost sure that at one point she either went and spoke to the person reviewing my case or went and actually looked at my case file.

Does anyone know if they scan all the documents for each case into electronic format or does everything remain simply a paper file?

jayjaym

Male

United Arab Emirates

2013-11-07 23:07:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

We are still stuck at the NVC - waiting and waiting and waiting on Supervisor Reviews.

The most recent problem is that the NVC failed to properly review our marriage certificate and my wife's annulment paperwork from her previous marriage.

The marriage certificate we submitted meets the requirements for approval - it is original (actual one used in our wedding ceremony), certified, stamped, sealed, attested by every possible government office in the United Arab Emirates. The marriage certificate is also certified, stamped, and signed by the Philippine Embassy in the UAE. Nobody in the entire world has a more original and/or certified marriage certificate - it just isn't possible. The NVC looked at it and then sent us an RFE requesting an original marriage certificate. The also requested we send a marriage certificate from a Sharia Court. Nobody at the NVC can tell me what that means. We were married in a Christian Church in the UAE. The marriage certificate is registered, sealed, stamped, and signed by the UAE Ministry of Justice - which is a court, and being in the UAE, it is also a Sharia Court. There are no non-Sharia courts in the UAE. The seal is on the back of the certificate and it is huge. You can't miss it if you take the time to properly check it. This is an obvious error on the part of the NVC.

The annulment documents we went meet the requirements for approval - they are authentic certified copies from the issuing authority in the Philippines. They are certified, stamped, and signed by both the court in the Philippines and the Philippine Embassy in the UAE. They also have the infamous Philippine government red ribbon attached to them. It is not possible to get a more authentic certified copy of those documents. They do not give you the original documents. The NVC clearly states that certified copies from the issuing authority are perfectly acceptable. Cleary this is another error by the NVC.

I don't understand how someone could have reviewed both these documents and come to the conclusion that neither of them are good enough, when both clearly meet all requirements for approval. In addition, my documents and DS-230 have been at the NVC since the second week of August. I got caught in the DS-230 to DS-260 debacle. My DS-230 supporting documents were originally reviewed on September 13th - on that date I was sent an RFE and asked to submit the DS-260 and there was no mention of a problem with the marriage certificate or the annulment documents. It took over 4 weeks for them to finally review the DS-260 and that is when I got the RFE about the supporting documents. The NVC is telling me that it will take another 30 working days for someone to look at those documents again. This is just totally unacceptable. It wouldn't help to resubmit the documents again because they would be exactly the same as the documents the NVC already has in their possession.

The expedite criteria for the NVC is supposed to be the same as the expedite criteria for the USCIS. One of the potential situations listed that could get an expedite approved at the USCIS is "USCIS Error". I am going to assume that means the USCIC reviews documents or forms, which are 100% accurate and should be approved, but for some reason denies or sends an RFE in error. This seems to be a valid reason for expedite approval because human error can create unnecessary processing time for the petition. Considering the already ridiculous waiting times, it would completely unfair for someone to go to the back of the line because of human error at the NVC.

I submitted an expedite request and it was denied. I resubmitted the exact same request again the next day because this is absolutely an error by the NVC and that is listed as a valid reason to get an expedite approved. I haven't gotten a response yet for the second expedite request.

I've gotten my Senator involved as well, and reading the NVC responses to him, I think that is helping correct the problem but things are still not moving fast enough in my opinion. I should have been out of the NVC 30 days ago and should be getting ready for an Embassy interview right now. Instead I am still waiting and waiting for someone to properly review my 100% approvable supporting documents. I realize this isn't the nghtmare scenario that some people have faced but the human error thing is very frustrating.

Has anyone else faced a similar issue? Anyone have any luck getting an expedite approved due to human error at the NVC?

jayjaym

Male

United Arab Emirates

2013-11-07 03:46:00

USC Green Card Petitioner's Committee--Organization and Agenda Moving Forward

Maybe include verbiage about "overcoming the burden of intent to immigrate", and how that is virtually impossible once you have submitted an I-130 immigrant visa application.

The "intent to immigrate" phrase was used by the Embassy Officer both times I tried to get my fiancé a tourist visa to travel to the U.S. for a short vacation, in order to meet my family - our specific situation precluded the possibility of a fiancé visa. The second time we tried, we already had a 1 year old son together (forced to verify with DNA testing by the Manila Embassy), and the Embassy Officer told us that detail made it "nearly impossible" for us to convince him that she didn't intend to immigrate. The Embassy Officer also told us that the fact my fiancé had two sisters already living in the U.S. (legally) was a negative when trying to get a non-immigrant visa.

So basically, having strong family ties to people living legally in the United States, especially U.S. citizens, is a valid reason to refuse an individual a non-immigrant visa.

jayjaym

Male

United Arab Emirates

2014-01-28 00:10:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

Inhumane

Presently, the i130s are worked on two days a week. Was this always the case?

2 days a week...no wonder it takes forever.

You've peaked my interest. Do you have a link or document that shows that information?

jayjaym

Male

United Arab Emirates

2014-02-04 06:02:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

Decrease wait time for I-130 Petition for Alien Relative

Bit of a stretch, considering you're not being denied a legal right. Your case is in the process of being adjudicated. There is no legal basis on when that has to happen by. That's why processing times are an estimation, and a loose one at that.

The try to meet their processing goals, don't always succeed, but eventually make progress, which is really all you're paying for.

Is it a "bit of a stretch" to start thinking you might work for the USCIS?

jayjaym

Male

United Arab Emirates

2013-11-19 22:07:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

Decrease wait time for I-130 Petition for Alien Relative

Immigration is a privilege, not a right. You are still within the normal processing times. Just because you are a citizen doesn't give you the right to bring anyone here.

The USCIS and the NVC are mandated by U.S. law to provide this service to U.S. citizens. It isn't optional for them and it is actually a "right" to which you, me and everyone else on here are entitled to - they are not extending a privilege to us and they do not have discretional authority to deny a visa without cause. If you, a U.S. citizen, apply for the Visa for your immediate relative and you meet the guidelines for approval, then they are absolutely obligated to provide you that Visa for your immediate relatives. Their only authority is to exam your case and determine if you meet the approval requirements. Issuing a Visa to other Visa categories, not involving the immediate relative of a U.S. citizen is where the discretionary "privilege" comes into play. A person who is not a citizen of the U.S. and who is not being petitioned as an immediate relative of a U.S. citizen certainly doesn't have a "right" to a Visa, but I believe if they are willing to contribute to our country, they should be extended that privilege and welcomed. This country was built by immigrants and our diversity is one our greatest assets.

Regardless of my personal beliefs, we as U.S. citizens are absolutely not being extended a "privilege", the USCIS and the NVC are mandated by Federal Law to provide us this service - which makes it a "right", protected by U.S. law, and not a discretionary privilege.

It is reasonable for us to expect a fair and expeditious process.

jayjaym

Male

United Arab Emirates

2013-11-16 08:05:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

Decrease wait time for I-130 Petition for Alien Relative

I signed the petition but I'm curious, just how effective has Change.org been?

It has been very effective for specific petitions that grab public attention, but you will notice that a majority of the "victories" have 6 figure or more signatories.

http://www.change.org/victories

jayjaym

Male

United Arab Emirates

2013-11-16 07:28:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

DS-260 Checklist Original Police Report and Marriage Certificate - HELP!!!

We had the same thing happen to us at the NVC. We recieved an RFE that said our Marriage Certificate was not original and that we hadn't provided another document. Both were there, original, and absolutely met the requirements for approval.

I contacted NVC and they said that someone would check the file again, but it would take 25-30 business days. That obviously wasn't anywhere near acceptable, so I insisted on being transferred to a "supervisor" and she agreed to pull my case file and review it - but it would take her 10-15 working days. While she was very cordial and helpful, this was still not acceptable, so I had my U.S. Congressman contact the NVC about it and within a few days that same "supervisor" called me back, gave me her direct email address, and told me that if I didn't hear from her within a couple days, to email her directly. The next day she found the "missing" documents and was also very apologetic about the unnecessary delay to our case.

You should call and insist on being transferred to a "supervisor". Don't accept another 30 working day waiting period for them to correct their mistake. If they make a mistake, you should not have to go to the back of the line.

jayjaym

Male

United Arab Emirates

2014-03-06 11:26:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

5 months AP, Please Help ! No One helping !

It isn't normal for them to keep the passport for such a long time. In fact, I have no doubt that the State Department has polices about this, and keeping that passport for 5 months while you are going through AP is most likely counter to those polices.

You should be able to force them to release the passport, until they are ready to actually issue the Visa. It just doesn't make any sense to keep someone's passport for that amount of time - even a month is unreasonable to me. What if the person needs to travel?

Also, that passport is the property of the country that issued it, not the U.S. Embassy holding it while you are in AP. There is no way they can legally keep it during that time.

jayjaym

Male

United Arab Emirates

2014-03-06 11:47:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

Help..need advice

It depends on whether your husband's sister has guardianship related to her health and living arrangments or related to her estate (financial decisions) - or both perhaps. If his sister has guardianship of her estate, then I am inclined to think that his mother could not sponsor you without legal consent from his sister, because she has been ruled incapable of making her own financial decisions and no longer has control of her own income and assets.

Does that make sense? If not, I can provide some links you can read.

If that situtation does apply, would his sister be willing to sponsor the immigration application? If so, you should be good to go, as long as the income is above the required level.

jayjaym

Male

United Arab Emirates

2014-04-03 01:56:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

February 2014 Interviews

My wife and stepson were approved at their Embassy interview. The interview literally lasted five minutes. My wife was only asked 4 questions and my stepson was not asked a single question. Considering the 9 month wait, the interview felt surreal and anticlimactic.

We picked up their passports two days later and the Immigrant Visas are inside.

I?d like to express my sincere hope for those still waiting, that the process speeds up and their families are reunited.

I would also like to thank all the individuals on this forum who helped us get through this process.

jayjaym

Male

United Arab Emirates

2014-01-16 00:50:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

I-130 APPROVED IN 15 DAYS

Congratulations! I posted in your other thread before I saw this one. That was really fast. Get your documents ready for the NVC, if you haven't already. Read the NVC threads. You can sometimes move through the NVC quickly if you have everything lined up and ready to go.

jayjaym

Male

United Arab Emirates

2014-04-17 22:58:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

FOIA Response from USCIS - Re Transfers of I-130

The expedite requests are first made at USCIS so it very well could have had an impact.

In some cases an initial expedite request is made at the USCIS, but in other cases circumstances might appear after the USCIS process, which might warrant an initial expedite being submitted at the NVC.

But even if the initial request was submitted to the USCIC, the time it took for them to process and approve the expedite request would have been minimal. The petition would then have been immediately shipped to the local Embassy for everything else. I also wouldn't be surprised at all if there is a separate division of the USCIS for processing expedite requests. I doubt the people working the I-130 processing desks are the same people processing the expedite requests. Which would mean, the only added delay would have been to other people waiting for an expedite to be processed.

jayjaym

Male

United Arab Emirates

2014-04-17 08:32:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

FOIA Response from USCIS - Re Transfers of I-130

In addition to DACA, you can also see where Philippines expedites put those from everywhere else further backlogged.

I'm not sure if that giant batch of approved Phillipine expedites would have had much of an impact.

Unless I am wrong, the expedite at the NVC is actually processed and approved/rejected at the local Embassy. The request is submitted to the NVC, but the NVC then forwards that request to the Embassy for approval/rejection - someone please correct this if it is wrong.

If the expedite is approved, the petition is immediately forwarded to the local Embassy for processing and the interview. This could possibly slow down other people processing at that particular Embassy, but not necessarily others who's petitions are at the NVC.

jayjaym

Male

United Arab Emirates

2014-04-17 03:48:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

FOIA Response from USCIS - Re Transfers of I-130

I didn't quite take that away from that..

Their point is that a processing a 130 for IR/CR1 takes certain amount of time and resources for which they charge a hefty fee for $420 currently. Now they also allow the same people to file a I129F for K3 at no additional charge. There issue is if they separate track the 129F and 130 it's twice the work for them for the same amount of money. I don't agree with it, they should either get it off the books completely or add a fee for the extra work that it incurs. Don't leave it in limbo as they are currently.

Remember, if one goes through the K3 route; they have to adjust status after the marriage as well which will incur the additional $1000 fee .

I agree that it shouldn't be left in limbo, but disagree about adding a fee to the 129F when a I130 has already been submitted, but any and all ideas should be thrown onto the table and discussed.

Regardless, we all know the I-129 petitions are not being processed in those situations - maybe it could be replaced by a reasonable and valid route to the same end-state.

The intended purpose of that particular process is to alleviate the hardship to the USC petitioner because of long processing delays, thus the "no fee" route of the I-129 in that scenario is anticipated to somewhat compensate the I-130 petitioner. Of course many people would be willing to pay an additional fee for the I-129, if it meant having it processed quickly and then having their family reunited, but then we would be getting into the "pay to play" type of scenario, where people with more resources can jump the line. In fact, I am one person who has the resources and would be willing to do that, but I think it would be grossly unfair for many people.

A real fix for the process would require an overhaul of the core mission concepts at the USCIS.

First, the main focus should shift to keeping families together instead of preventing immigration fraud. While I consider it vitally important to prevent immigration fraud, I consider the well-being of families to be more critical. There are a couple reasons why I believe this change is warranted. First, we?ve already seen this shift in focus in regards to other immigration processes (both legally and illegally), to include DACA ? so the precedence has already been set. Second, the I-130 process must by default involve a U.S. citizen (or permanent resident, not sure about that). Because of the involvement of a U.S. citizen, I propose that the ?assumption of guilt?, which is essentially what is going on, be removed and replaced with a more common sense approach.

Additionally and unfortunately, we?ve also all seen that our current government is more than willing to not enforce current immigration laws and in some cases intentionally act in ways that are directly conflicting with those current laws. Using that situation for perspective and applying it to the I-130/I-129 process, the ?perceived threat? from immigration fraud based upon marriage fraud, must be significantly reduced, at least from the government?s apparent viewpoint.

As it has been mentioned on here previously, a triage type classification approach to the petitions would probably make the process much more efficient and faster. This is all just a possible example, but they could develop procedures to place cases into different ?fraud level? categories based on ?red flags?, with a scale of 1 to 3 ? one being highest level (multiple red flags popping up) and 3 being lowest level (no red flags).

Level 1 ? Multiple Red Flags

Case is routed to specific USCIS department for extra scrutiny.

Level 2 ? Possible Red Flag

Case is routed through normal processing at USCIS.

Level 3 ? No Red Flags

Case is ?fast tracked? to either NVC or local U.S. Embassy ? essentially cleared out of the USCIS, so they can use their resources more efficiently to prevent actual immigration fraud.

When I got to thinking of the ?fast track? to local Embassies, I thought of something interesting. How many I-130 and I-129 petitions have been diverted to the USCIS after the ability to directly file at most overseas locations was reduced to only a few locations? I haven?t seen too much on VJ about that process change and how it could have also contributed to the delays at the USCIS. I believe this change happened in late 2011?

They could also add ?green flags? to the process. For instance, maybe two people have a U.S. citizen child together and because they weren?t married, the U.S. Embassy required them to get DNA testing accomplished to confirm the biological relationships. Another example could be the length of time the two individuals have been married. There could be many things which could immediately overcome that presumed ?guilt? and create a ?green flag?.

Anyway, I?m just thinking out loud here, but I really believe the entire system is broken at its core. Who is responsible? Who should be held accountable? While I think those are important questions which need to eventually be answered, I really don?t care at this point. My first concern is trying to help fix the process. The more ideas we come up with and the more we push the USCIS, the more of a chance we have of improving the process for those coming after us.

jayjaym

Male

United Arab Emirates

2014-04-16 01:06:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

Anyone know how expedited processes works? For ex. If my wife is pregnant can we file for an expedited visa so our child can be born in USA?
What are the approval rates for pregnancy cases?

Thanks

I've seen info on here leading me to believe that a pregnancy isn't normally a valid reason for an expedite approval. However, every case has different circumstances, so anything is worth a try at this point. There are some threads on here which provide more insight to the expedite process.

jayjaym

Male

United Arab Emirates

2013-09-18 22:53:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

LoveMyTico is correct. The investigation won't just happen overnight. And remember doing nothing means that we are allowing USCIS to just toss us around whenever they feel like it.

I don't want to sit and do nothing and realize that I am approved after 8, 9, 10 or who knows how many months

I agree.

We all seem to have been conditioned to accept 5, 6, 7.....12-14 months processing time before being reunited with our families. I believe that just 4 months is too long for this process. We aren't being provided this service for free. We can never ever get this valuable time back.

An interesting fact, the average U.S. marriage lasts just over 7 years. Of course there are longer and shorter length marriages, but if we take the average length and then consider the current 12-14 months immigration times, the process is taking around 20% of time out of the average marriage. 20%!!! If I told you that you only had 10 days to live and that I was going to take 2 of those days from you, would you be upset?

USCIS and the NVC are bringing in large amounts of money from all the petitions. On top of that, all of these I-130's involve one U.S. Citizen taxpayer. We pay our taxes to the government and then pay the fees for the immigration processing in addition - 2-3 months for the entire process seems reasonable. I have no problem with paying the fees, but the unresponsive customer service, lengthy delays, processing mistakes creating further delays, total lack of empathy, processing virtual blackhole, and what seems to be an entirely broken system, all add up to an unreasonable process. The system is broken and we need to push this as much as we can, when we can.

One of the reasons I think this issue doesn't get the attention it deserves, is because by the time people get frustrated and desperate with the process they end up getting approved and then move on - very few people want to relive this nightmare once they are finished with it. It's a continuously revolving door with experienced people always moving on and new people always entering.

jayjaym

Male

United Arab Emirates

2013-09-18 04:35:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

I received NOA2's (1st of April priority date) for my wife and stepson this morning - via email. The wait is finally over.....now the rest of the waiting begins.

jayjaym

Male

United Arab Emirates

2013-06-19 21:37:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

What really upsets me about the entire process, is that illegal immigrants keep coming into the U.S. every day and nothing happens to them. They aren't deporting most of them anymore if they are caught. Here we all are, doing things the legal way, waiting and waiting our turn in line, while people who are actually breaking the law are receiving special attention and treatment. To make things even worse, the large number of illegal immigrants applying for amnesty seems to be slowing down the processing of our immigration applications.

I support open LEGAL immigration. The United States was built by immigrants. It is the reason we are such a diverse country and it has benefited us greatly throughout our history. That being said, it is a travesty that illegal immigrants are jumping the line right now and getting special consideration.

I'm planning on contacting my Senator's office this week to open a discussion about it - doubtful that it will help anything but I will feel better having done it. I strongly recommend every other U.S. citizen on here do that same thing. Remember, even though our representatives in Congress seem to forget this, they all ultimately answer to us.

jayjaym

Male

United Arab Emirates

2013-06-19 00:39:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

Hi everyone! We received NOA1 april 1st. Up to now no news for NOA2... Huhuhu

Things seem to have slowed down considerably in the last couple months. If you look at the November, December, January threads, you will see many couples with the USC overseas getting their NO2's in 30-60 days. There are some quick cases in the February and March threads but much fewer than the previous months. There are even fewer instances in the April and May threads.

It wouldn't suprise me at all if some of the immigration reform stuff is impacting the processing of our applications.

Looks like most of us are in for a longer wait.

jayjaym

Male

United Arab Emirates

2013-06-18 06:17:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

There are lots of people reporting an NOA2 within 45-60 days, if the USC is also abroad. Every case is different though.

jayjaym

Male

United Arab Emirates

2013-05-22 02:05:00

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

Haven't seen or heard of any April filers receiving an NOA2 yet. There are some March filers reporting NOA2's though.

jayjaym

Male

United Arab Emirates

2013-05-22 01:48:00

I'm the USC living abroad with my wife in Abu Dhabi, UAE. I'm from State College, PA and she is from the Philipines. We have been together for 7+ years but were not able to marry until this past March 10th. We have a 2.5yr old son together and she is now 3 weeks pregnant. She has a 9yr old son from a previous marriage.

We mailed I-130's for her and my new stepson on March 25th. I recieved the USCIS Acceptance Email on April 4th. I then received hard copies of the NOA 1 on April 10th with a priority date of April 1st.

Let's hope for a speedy process for everyone!

Edited by jayjmuir, 13 April 2013 - 02:21 AM.

jayjaym

Male

United Arab Emirates

2013-04-13 02:14:00

U.S. Immigration Preclearance Procedures - Canceled Flight?

We went through preclearance before at Dublin. You go through normal security and US Customs will be before your gate section, so you'll go through preclearance whenever you're about to board the flight, no matter if it's postponed or not.

How do they manage to process everyone immediately before boarding the flight?

I doubt the flight would have more than maybe 10-15% of the seats filled with people with new immigration documents. Even with that minimal amount, it would still take quite awhile to process all those people, unless there is a seperate customs preclearance and immigration preclearance.

The airline advised us to arrive at the airport 4hrs prior to the flight, because the preclearance can sometimes take hours - similar to clearing immigration upon arrival at the U.S. POE.

jayjaym

Male

United Arab Emirates

2014-03-25 07:40:00

U.S. Immigration Preclearance Procedures - Canceled Flight?

I haven't been in that situation, but I wouldn't worry about it.

Your wife's and stepson's passports will be stamped with the temp green card stamp, the i-551, which is valid for a year from the date of them entering in the US. Even though they are still in the UAE, as soon as they go through US pre-clearance, it is as if they are standing on US soil, if that makes sense.

If the flight is cancelled, and they are placed on a flight that departs the next day for example, and they need to enter back into the UAE and then the next day have to go through US pre-clearance, they will be processed as permanent residents.

That is also what I was thinking; I just wasn't sure about it.

So just hypothetical here, let's say that happened, but for whatever reason we decided to fly weeks or months later instead of the next day.

Our situation is an exception to the normal process, as we fall under the INA 319b. (Expedited Naturalization) because of my job overseas, which means all the physical presence time standards are waived. The rules are somewhat different if you fall under the INA 319b. guidelines. We can submit their N-400 almost immediately after POE - although I've a bit fuzzy on whether or not we have to wait until we receive their official Green Card in the mail.

According to the rules of the preclearance facilities, specifically that they have now gone through their POE and are by definition LPR's, I should be able to immediately file their naturalization petitions - all the immigration documents I've read seem to point to this being technically within the law.

That would be a strange but interesting situation.

jayjaym

Male

United Arab Emirates

2014-03-25 04:54:00

U.S. Immigration Preclearance Procedures - Canceled Flight?

There is now a U.S. preclearance facility at the Abu Dhabi, UAE airport. My family and I are taking a non-stop, direct flight from Abu Dhabi to an airport on the east coast. We will be able to take advantage of the preclearance services for our trip and this will be the POE trip for my wife and stepson.

I was thinking about how the preclearance process works, and from what I've read, you are stamped into the U.S. for both immigration and customs purposes, which means my wife and stepson's green cards would be activated at that point.

What happens if the flight gets canceled until the following day? I realize they would have to clear the preclearance again, but the process would be different because they would have already had their immigration packets taken.

Anyone ever experience this type of scenario?

jayjaym

Male

United Arab Emirates

2014-03-25 01:30:00

NVC expedite request

You would probably need the case number to be able to request an expedite at the NVC.

Did you request an expedite at USCIS? If so, was it approved?

jayjaym

Male

United Arab Emirates

2014-04-03 01:41:00

can we request to expedite our case

As mentioned in the previously provided USCIS criteria link:

The burden of proof of severity necessary to warrant expedited service is yours. It all depends on how well you present your wife's specific case. From a Mayo Clinic site:

http://www.mayoclini...on/con-20037901

Good luck on your endeavor.

After reading that link, my opinion is that you will most likely not get an expedite approved for that medical condition. You can try though, it never hurts to give it a shot. Good luck!

jayjaym

Male

United Arab Emirates

2014-04-18 00:20:00

EXPEDITE CASE

:pop:

jayjaym

Male

United Arab Emirates

2014-04-18 04:17:00

ELIS minor to become USC after POE

Yes, according to what I've read, you need to pay the ELIS fee for each immigrant. I paid the fee for both my wife and stepson, we are traveling to the POE in May.

However, you shouldn't have to pay the naturalization fees for the minors, if they are eligible for automatic U.S. citizenship. For instance, if they have one parent who is a U.S. citizen, they are under the age of 18, and they are legally residing within the U.S. (green card) - they are instantly and automatically a U.S. citizen. I've read that if all three of things are true, you can bypass any other process and you can immediately apply for a U.S. passport for them.

http://www.uscis.gov...through-parents

Scroll down to the "Automatic U.S. Citizenship After Birth - But Before the Age of 18" section.

jayjaym

Male

United Arab Emirates

2014-03-28 02:26:00

Entered USA last week, have questions (split topic)

check the visa page,

around it should be a stamp.

Not get the stamp, you say? Get to a CBP deferred inspection site, then tell the goon behind the counter yer story, and you'll get the endorsement stamp there.

If'n the goon is confused, ask for the supervisor, who will look you up in the computer and give you an endorsement stamp in yer passport.

Agreed. You should have gotten a stamp. You cleared both U.S. Immigration and Customs when you entered the POE Preclearance Facility at the Abu Dhabi airport. Double check your passport, if it isn't there, you need to take action immediately.

I am interested about the process at the Abu Dhabi airport, because my family will be using that POE in a few weeks. Could you provide a brief summary of exactly what went on there?

Edited by jayjaym, 16 April 2014 - 12:21 AM.

jayjaym

Male

United Arab Emirates

2014-04-16 00:20:00