Need help with this hot mess (long text)

[AudreyND 14]

Hi everyone, i hope some of you have some knowledge regarding my issues and will be able to help me with my case.

My husband and I started my IR-1 process in Okinawa, Japan, at the Naha consulate in 2013 as a DCF with expedited processing. He is an american soldier, i am canadian and we lived there under military orders (SOFA status, command sponsorship, etc etc) for few years. When he got orders back to the States, we contacted the consulate to see our options and got approved by USCIS to file there. So we filed the I-130 and paid the $420 fee, also the G-325 and the DS-230. Moving on to what they name "Part 2" there (medical exam, police certificates, DS-230 part II, etc) we runned into issues getting my police certificate from Canada and it did not arrive on time before the PCS date (we had no control over this as military orders and moving dates are set in stones by them). We then tried to see what our options were with the Naha consulate, but there was alot of miscommunication and misunderstanding. They told us we could not transfer the case, that we had to refile everything and repay the already paid fees, etc etc. So we left Japan, moved to the U.S. (i entered under tourist visa for 6 months).

Once the 6 months was up, i went back to Canada, and after lots of issues, we finally had my case transfered to the Montréal consulate on March 28th 2014. Since then i received the "packet 3" letter on april 30th and they made me file the DS-260 online on may 19th 2014. I then received "packet 4" email on june 13th. I have to redo medical exam, get updated police certificate (my japanese one is 1 year old as of june 2014), etc.

What i'm trying to understand is why have i never received a I-797 when i initially filled in Japan? Is this step skipped when you are doing a expedited process? And now that my case was transfered, will i receive it? Because on the consulate website, i cannot move on and make an appointment without a "priority date", which we usually get on the I-797? When i called the USCIS they were of no help to answer my questions. And i wasn't sure if my filling date was the first time we filled in Japan (as i learned later they never sent anything to Chicago, they kept everything in office), or once my case was transfered to MTL.

Also, from what i understand on the NVC website, i should receive either an invoice OR a notice that my case is on hold within 6-8 weeks of them receiving my forms, but never received anything. Is the 6-8 timeline from the moment i filled the DS-260 online? I sent them an inquiry concerning this, but they are being pretty slow replying.

Finally, my husband is getting ready to deploy for at least 6 months in October. I've seen some information that in this circumstance, they could expedite the process for us. Anyone has any information regarding this as to what i have to do for this to happen?

I apologise for the block of text, but if anyone as any information, input or experience with a similar case, i would greatly appreciate it!

TIA

Audrey

[Darnell 8,478]

dcf'd cases not get the I-797 that folk that file in the USA get.

as to priority date, you can ignore it entirely, as uscitizens petitioning for a spouse have no priority date (per se) as it's all 'next in line, next in queue'.

For other issues, I suggest you call into NVC and get a supervisor, talk a bit. You're a unique case - I have to assume that if you were allowed to file a DS-260 online then the bit is flipped at NVC for the document intake process there - somehow - so talking with a supervisor on the telephone will be useful to you - it may be that things need to get 'rehomed' for you and a supervisor can do that.

Finally, for 'moving on' - once you are documentarily qualified at NVC with the AOS and IV doc sets, then NVC (not the consulate) will schedule the interview for you, and an interview letter will be emailed to you and your husband. If you are trying to schedule something online with Montreal, please stop - as it's NVC that is handling your case now. When they are finished, you will get an appointment letter and the casefile will be transferred to Montreal.

Edited July 15, 2014 by Darnell

[AudreyND 14]

Thank you very much Darnell! I've sent many email to my consulate trying to understand all this, and never did they mention that the I-797 and priority date doesn't apply to me... I'm getting very frustrated with them tbh.

I tried calling the NVC but the waiting time was ridiculous and had to leave, i'll try again and see if i can get with a supervisor.

I was never asked to send any documents other than the DS-260 form to the NVC, and they haven't yet requested the AOS, all i was asked to send was a check list to the Montreal consulate telling them i have all required documents (but to not send those to them).

As for the interview scheduling, the letter from packet 3 says this: "Upon completion of the review, we will instruct you via email adress you provided to us to request an interview appointment through the website canada.usvisa-info .com (broked link on purpose). When your case has been scheduled for an interview, you will be provided with information regarding the interview appointment and the required medical examination."

Then the letter from packet 4 says this: "Please visit http:// canada.usvisa-info .com to obtain information online or via telephone concerning scheduling an interview appointment for you and those family members included in the petition. If you have not previously registered your information and selected a Loomis/DHL courier location on this website, please do so now.

You must have the Passport Number, Date of Birth, Nationality, MTL case number, and visa categoryfor each applicant (principal applicant and all family members, including children) ready in order to access the website. When prompted to select “Trip Purpose”, you must choose ‘Permanently Immigrate to the US.’ After entering your information, you will be prompted to select an appointment time for you and your family."

At this point i'm used to the different information from different official source lol but the consulate and the NVC instructions are contradictory... i'm not surprised tho

Thank you again Darnell for taking time to help me, i appreciate it!

[Darnell 8,478]

ok - that's weird - as it sounds like Montreal solely is handling the wrap up on your case.

I dunno. Contact NVC soonish and see if they even have your casefile logged.

this was the important bit to me all i was asked to send was a check list to the Montreal consulate telling them i have all required documents (but to not send those to them).

so I think the casefile not at NVC,

and the casefile is at Montreal,

and all of your stuff for AOS and civil docs for DS-260

will be presented on interview day.

What to do? nudge Montreal IV somehow (this is difficult, almost impossible) to get you on the interview schedule.

and

contact NVC (using option 3) and ask what your priority date actually is. Maybe that's the one bit that's holding you up - the folk on option 3 can look it up and tell you.

Edited July 15, 2014 by Darnell

[AudreyND 14]

So that would mean the Montreal consulate are continuing what Naha consulate started, and are doing a DCF? I've been harassing MTL consulate with emails to understand what is going on, as what they are telling me to do, and what official websites says to do always differe, but they are of very little help.

I also sent an email to the NVC (after i couldnt get through via phone) to get information, i'm not quite sure what the delays are for them to reply. I'm going to try via phone then.

Thank you again!

[Darnell 8,478]

contact NVC = use a telephone. email reply usually 4 to 6 weeks.

[milimelo 4,469]

Why hasn't your husband involved his congressman/senator by now? It would at least get your case on the radar in Montreal IV. In the meantime, get the police certificates you need and do the medical (not sure how long that takes) and be ready with AOS forms and papers - tax returns, letter from employer...

[AudreyND 14]

Quick update: After having a nice conversation with an agent at the NVC, now i understand what i've been trying to understand for about a month and a half via the consulate. lol

Since it is a DCF, i will not receive anything from the NVC (no invoice, no NOA, nothing), everything will go with the consulate. I will pay the NVC fee at the consulate on the day of my interview.

Also, the consulate agent on the phone that refuse to give me an appointment, because she says i need to pay the NVC first, is in the wrong. He told me to insist when talking to her that this is a DCF case and that she should go verify her information regarding this because she is misleading me.

Thank you Darnell, you've been very helpful!

Still looking for information about my husband deployement, and if that could make things go more quickly!

[AudreyND 14]

Why hasn't your husband involved his congressman/senator by now? It would at least get your case on the radar in Montreal IV. In the meantime, get the police certificates you need and do the medical (not sure how long that takes) and be ready with AOS forms and papers - tax returns, letter from employer...

He's been in contact with his congressman, All the congressman did so far is ask for more info, and more info, and more info from us, without doing anything.

Already checked with the clinic, my medical should be done within few weeks. And everything else is being taken care of this week, if not already done.

Thank you for your input!