Re-Affirmed K1

[catknit 144]

Ok - I'll admit to posting this almost everywhere I can think of on VJ. But now I realize I want some feed back to help figure out which way to go forward.

Background info - the interview was 10-08, got 221g for more relationship info, got 2nd 221g for employment history, got 3rd 221g denial stating the CO was not convinced of a legitimate relationship as well as the NOA2 being past expiration date.

Last week I filled out the AR11 to change my address on line.

Yesterday, at my new address, I received 2 797s - one just stating that USCIS is reaffirming their previous decision. The second is a newly dated NOA2.

I was quoted a multi-year wait to hear back from USCIS if at ALL. After talking to many attorneys, we decided I would move to India, I would establish residency there, and we would file DCF. One huge advantage would be the CR1 catagory giving us the greencard on entry.

Along those lines, I quit my job [volunteered to quit during a layoff cycle so getting back the job isn't an option], I gave up the apartment [moved today - Uhaul is in the driveway as I type waiting to be emptied] and have my one way ticket to Delhi booked for next Sunday.

I have no idea what to do. Logic says stick with this petition now that we have the reaffirmation - the interview should just be a formality since USCIS has overturned the consulate's findings???? Or, go with our current plans? The wedding in India hasn't been totally planned yet. But our hearts shifted with the denial - he and his family had warmed up to me being there for a year+ while all of this was being worked out.

I have assets to cover the 3x requirement - assuming they allow it.

Or, should I make this a nice long trip but get back and find a job and set up house? I highly doubt a new employer would let me go back for the interview which I would want to do without a doubt. I will NOT put him thru that again alone.

Ack! Help!!!!

Edited June 21, 2009 by catknit

[emt103c 10]

If it's re-affirmed, you're right it should be a formality. Have you heard from the consulate yet? Emailed them? Contacted your Senator? They can sometimes help with speed when all else is approved.

How long has it been? If less than a year you probably won't have to file another affidavit of support and will get the benefit of the old one.

If you already set everything up and don't have a job, definitely take a trip until his interview, with immigration you never know what will happen next or how long it will take.

Edited June 21, 2009 by emt103c

[Twisted K 2]

If it's re-affirmed, you're right it should be a formality. Have you heard from the consulate yet? Emailed them? Contacted your Senator? They can sometimes help with speed when all else is approved.

How long has it been? If less than a year you probably won't have to file another affidavit of support and will get the benefit of the old one.

If you already set everything up and don't have a job, definitely take a trip until his interview, with immigration you never know what will happen next or how long it will take.

i think that is excellent advice. you can use it as a long vacation with your honey. distance is a hard road to endure in a relationship, as everyone here well knows. go, have fun, stay there until and through the interview then you all can come home together company on that loooooong plane ride

[No-Where-Man 147]

If it's re-affirmed, you're right it should be a formality. Have you heard from the consulate yet? Emailed them? Contacted your Senator? They can sometimes help with speed when all else is approved.

How long has it been? If less than a year you probably won't have to file another affidavit of support and will get the benefit of the old one.

If you already set everything up and don't have a job, definitely take a trip until his interview, with immigration you never know what will happen next or how long it will take.

i think that is excellent advice. you can use it as a long vacation with your honey. distance is a hard road to endure in a relationship, as everyone here well knows. go, have fun, stay there until and through the interview then you all can come home together company on that loooooong plane ride

with all the means YES ....ur petition was REAFFIRMED whch means the Visa will be Issued ....keep with it

Good Luck

[catknit 144]

If it's re-affirmed, you're right it should be a formality. Have you heard from the consulate yet? Emailed them? Contacted your Senator? They can sometimes help with speed when all else is approved.

How long has it been? If less than a year you probably won't have to file another affidavit of support and will get the benefit of the old one.

If you already set everything up and don't have a job, definitely take a trip until his interview, with immigration you never know what will happen next or how long it will take.

I've only received info from VSC so far. I'll be calling NVC to see if we have a new case number. Would they even assign a new case number?

I'll get an email out to the Consulate and see what they say - assuming they say something .

The Senator/Congressman thing - not sure what to do about that. I changed states so I have reps.

The original interview was 10-16-08. The case was sent back 1-13-09. The paperwork/physical/reports were all from September 2008. IF things go quickly we should be right under the wire for those things being a year old.

I'm still going, of course - it's just this was such a shock - I truly thought the petition would rest in peace for lack of a better term.

Because my SO is a Kashmiri Muslim - I'm not doubting there could be AP of the name check sort down the road too and waiting out at least some of it together would be smart/comforting.

[emt103c 10]

The case number should stay the same (Consular Case Number AND Vermont Case Number) So when you write the consulate make sure that the case number is in the subject line and the body of the email.

As for the Congressional or Senate Rep, it doesn't matter how long you've been in that state you can contact them.

Good luck! I'm glad to hear of a successful petition after being sent back!

[Aniomaman 0]

In the same situation as well, but for some reason NVC have not received our case just yet and it's been 20 days. Well I will watch this space to see how things go with you and keep you informed as well. Good Luck.

[k.loveh 0]

My case was reaffirmed on June 5, 2009 and the Embassy received it back on August 10th. As for a new case number, here is my story so far.

I emailed the Embassy to inquire if they'd recieved it back yet twice before they confirmed they had recieved it. The clincher was that in their 2nd, they had given his name right but a totally different case number in that email. So I emailed them again and told them that this case number was not the same case number and if this may have been a mistake on their part.

They emailed me again and told me that they had recieved the reaffirmed petition back along with a new case number.

Here I got more confuse because the letter I got from the NVC only stated the original case number without mentuionaing a new one. So I then called the NVC (today) and they had no knowledge that our case number was changed and that I had to find out what that was about by contacting the embassy.

Of course I did by sending the Embassy another email asking them to clear this up as it is confusing.

Well, by this time I started to panic so called the DOS and spoke to a Visa Specialist there and she said that changing the case number was 'unusual' and checked the status of our case using our 'original case number' and it came up saying that the Embassy had not yet recieved it back yet. Then she checked again using the 'new case' number the Embassy gave me in the email, my fiancee's name. address, and date of birth and it said that it showed that the embassy had mailed the packet 3 to him on the same day they recieved it back (July10,2009) and it appeared that the Embassy was correct about him being assigned a new case number because all information on him matched.

I told her that he hadn't gotten the packet 3 as of today and she said to wait till friday and if he hadn't gotten it yet to contact the embassy to ask that they send it out again.

Anyway this is what's happening with our case.

Please let me know if your case number was/is changed too.

Thanks and Good Luck to you.

[catknit 144]

My case was reaffirmed on June 5, 2009 and the Embassy received it back on August 10th. As for a new case number, here is my story so far.

I emailed the Embassy to inquire if they'd recieved it back yet twice before they confirmed they had recieved it. The clincher was that in their 2nd, they had given his name right but a totally different case number in that email. So I emailed them again and told them that this case number was not the same case number and if this may have been a mistake on their part.

They emailed me again and told me that they had recieved the reaffirmed petition back along with a new case number.

Here I got more confuse because the letter I got from the NVC only stated the original case number without mentuionaing a new one. So I then called the NVC (today) and they had no knowledge that our case number was changed and that I had to find out what that was about by contacting the embassy.

Of course I did by sending the Embassy another email asking them to clear this up as it is confusing.

Well, by this time I started to panic so called the DOS and spoke to a Visa Specialist there and she said that changing the case number was 'unusual' and checked the status of our case using our 'original case number' and it came up saying that the Embassy had not yet recieved it back yet. Then she checked again using the 'new case' number the Embassy gave me in the email, my fiancee's name. address, and date of birth and it said that it showed that the embassy had mailed the packet 3 to him on the same day they recieved it back (July10,2009) and it appeared that the Embassy was correct about him being assigned a new case number because all information on him matched.

I told her that he hadn't gotten the packet 3 as of today and she said to wait till friday and if he hadn't gotten it yet to contact the embassy to ask that they send it out again.

Anyway this is what's happening with our case.

Please let me know if your case number was/is changed too.

Thanks and Good Luck to you.

Yes, we were given a new case number too. I spent a couple of days at the consulate trying to find out what had happened given NVC told me the file had been sent to New Delhi on July 10th and here it was August 11th and the consulate kept saying "Your case isn't here". So, after literally saying something to effect of "NVC says it's here and you are saying it isn't - someone is obviously wrong - can you look around maybe???".

They gave me packet 3 right there and then. I asked if we could get a date sometime in September since my SO's medical, police cert, and passport office clearnace were still within a year. They scheduled us right away for Sept 4th [so about 3 weeks later]. Let me warn you though, I don't know if we were super special or this is how VSC/NVC is handling re-affrimed petitions. NONE of the supporting documents were returned with our case - all the relationship proof submitted to VFS, the orginial medical, the original police report, the original PCC, affidavits, emails, chats, letters from family, etc etc etc. All they had in front of them was the original packet I sent to Vermont in April 2008.

So, now we are scrabbling like mad and may need to reschedule.

Oh, and the case number is a totally different series than "regular" case numbers. If you look at the interveiw list you'll see that the number series doesn't exactly jive with the current cases...at least ours doesn't.

[Twisted K 2]

hey, catknit! glad to see some movement on your case good luck on your interview

[k.loveh 0]

Yes, we were given a new case number too. I spent a couple of days at the consulate trying to find out what had happened given NVC told me the file had been sent to New Delhi on July 10th and here it was August 11th and the consulate kept saying "Your case isn't here". So, after literally saying something to effect of "NVC says it's here and you are saying it isn't - someone is obviously wrong - can you look around maybe???".

They gave me packet 3 right there and then. I asked if we could get a date sometime in September since my SO's medical, police cert, and passport office clearnace were still within a year. They scheduled us right away for Sept 4th [so about 3 weeks later]. Let me warn you though, I don't know if we were super special or this is how VSC/NVC is handling re-affrimed petitions. NONE of the supporting documents were returned with our case - all the relationship proof submitted to VFS, the orginial medical, the original police report, the original PCC, affidavits, emails, chats, letters from family, etc etc etc. All they had in front of them was the original packet I sent to Vermont in April 2008.

So, now we are scrabbling like mad and may need to reschedule.

Oh, and the case number is a totally different series than "regular" case numbers. If you look at the interveiw list you'll see that the number series doesn't exactly jive with the current cases...at least ours doesn't.

Yet 'another' coincidence! Our case was also sent back to New Delhi on the same day as yours, JULY 10th!

When we learned that our case was reaffirmed, my fiance immediately began the procedings on the background checks. I sent a new I-134, my statements from me and family, a notarized copy of my passport including visa, entry/exit stamps and all new evidence of our ongoing relationship, etc.. We're also getting together the extra documents they asked for when they had originally placed our case on A.P. back in Aug. 2008 just in case they were asked for again. He learned today that the Ghaziabad Passport Office background check was completed and due to be mailed to the Passport office tomorrow (the local background check has been completed). So you see. we've been trying our hardest to 'stay ahead' of the game, so to speak.

We noted as well the new case number is not like that of the original. Hemant (my fiance) was trying to figure out how they came up with the 3 digits after the year based on the Julian calender. He thinks he may have it figured out somewhat though I'll have to have him explain it for I'm a bit slow where numbers are concerned.

I told Hemant what you said about packet 3 and he asked me to ask you if there were specific hours for the outside counter? He can stop and get it on his way to Ghaziabad to pick up his passport and pcc.

You're no doubt sleeping as I'm writing this, so will have to wait till you're up and about to see your reply (if any), so I'll check back tonight.

I'm so glad I have a 'comrade' (if I can presume to call you that?) in this whole screwy process. After I saw your reply to my post about the different case no., I have felt so much better.

Thanks for sharing your story with me 'and' your very much appreciative advice! It won't go to waste!

And I'll post here as I learn anything new as well.

Take care,

K.

[catknit 144]

I totally love having a comrade!

You'll have a pm coming your way soon enough.

The outside counter is open from at least 8-1. Maybe some afternoon hours too [haven't been there in the afternoon so I don't know]. As long as he has his case number and ID - he should be ok. My only concern would be if they act all sketchy with the "non-traditional" case number.

Since soon-to-be-Mr-Catknit is from Kashmir, there were refusals accross the board by the passport/police to get any documentation done ahead of time, even if we wanted to. Plus, we were going on the assumption [yeah yeah bad of us] that the file returning would be complete.

Sometimes with this process, even with the reaffirmation [which truly is a good thing], I feel so utterly stuck, like I'm spinning my wheels!

[k.loveh 0]

I totally love having a comrade!

The outside counter is open from at least 8-1. Maybe some afternoon hours too [haven't been there in the afternoon so I don't know]. As long as he has his case number and ID - he should be ok. My only concern would be if they act all sketchy with the "non-traditional" case number.

Since soon-to-be-Mr-Catknit is from Kashmir, there were refusals accross the board by the passport/police to get any documentation done ahead of time, even if we wanted to. Plus, we were going on the assumption [yeah yeah bad of us] that the file returning would be complete.

Sometimes with this process, even with the reaffirmation [which truly is a good thing], I feel so utterly stuck, like I'm spinning my wheels!

Hi Lauren, I got a reply from the Embassy about 'why' the new case number is assigned. Here it is:

Dear Petitioner:

Thanks for your e-mail regarding the fiancé visa application of Mr.******* (NWD**********).

Please note once the case is closed and transferred back to the NVC, the same number can’t be used by us even after getting the re-affirmed petition. Hence a new case was created for Mr. **** with a new number (NWD**********).

Sincerely,

Visa Information Unit

U. S. Embassy

New Delhi, India

--------------------------------------------------------------------

What do you think? Maybe that's why these new case#'s for reaffirmed petitions are different than the conventional case numbers because they need them to be recognised as such, reaffirmed, I mean and not confused with new cases.

Is it just me and my mistrust of this process, or am I right that this is just another somewhat evasive answer?

Because I'm still left wondering 'why' it is that the NVC still used the original in their letter to me, yet the embassy 'can't' use the original but had to assign a new one? I don't know, I'm a bit frustrated that these answers from them are not exactly provided with a clear explanation.

Hope your day went well at the vsf!

[k.loveh 0]

Oop's to my last post! Correction! I meant the VFS!

Edited August 21, 2009 by hkgaur