K-3: I-130 to a closed Consulate, I-129F to an entirely unrelated country, Help!

[maztec 0]

I am helping a friend - who this question is relevant to. If anyone has any idea of what should happen next, that would be great.

Here is what has occurred so far:

Filed I-130 April 2007. Received receipt June 2007.

Filed I-129F June 2007. Received receipt October 2007.

I-130 & I-129F approved March 2008.

May 2008, received notice from NVC for processing the I-130.

May 2008, received notice from NVC for processing the I-129F.

Family is located in Yemen. Sana'a U.S. Consulate is "closed" until further notice.

I-130 NVC Notice indicates, once paid, it will be shipped to Yemen for processing.

I-129F has already been sent to and received by the U.S. Consulate in Ethiopia.

The Yemen Consulate refuses to transfer the I-129F petition from Ethiopia to Yemen. The family cannot enter Ethiopia for various political reasons, has never been to Ethiopia, has nothing to do with Ethiopia, does not want to go to Ethiopia. The I-129F requested Yemen as the Consulate, but was sent to Ethiopia because they were married in Djibouti.

Supposedly the I-129F expires in four months if processing at the Consulate has not started. The I-130 expires within one year.

They have children in Yemen. No I-130 was filed for the children, because the K-3 Visa should have brought them over.

Can the I-130 for the wife be extended to include the children? Or will new I-130s have to be filed for them?

How can he transfer the I-129F to Yemen, if the Consulate will not take it? Can he transfer it to Djibouti or Saudi Arabia instead?

The fear is that the I-129F is essentially lost by government processing, the I-130 could take forever to process because of the closed consulate, and the I-130 will not include the children. Is this accurate?

Thank you for your help! Please direct me to any sources that may be of use. My friend's attorney is next to useless, he keeps "hmming" and "haaing" that the Consulate will take care of it - but nothing is happening!

[pushbrk 12,881]

I am helping a friend - who this question is relevant to. If anyone has any idea of what should happen next, that would be great.

Here is what has occurred so far:

Filed I-130 April 2007. Received receipt June 2007.

Filed I-129F June 2007. Received receipt October 2007.

I-130 & I-129F approved March 2008.

May 2008, received notice from NVC for processing the I-130.

May 2008, received notice from NVC for processing the I-129F.

Family is located in Yemen. Sana'a U.S. Consulate is "closed" until further notice.

I-130 NVC Notice indicates, once paid, it will be shipped to Yemen for processing.

I-129F has already been sent to and received by the U.S. Consulate in Ethiopia.

The Yemen Consulate refuses to transfer the I-129F petition from Ethiopia to Yemen. The family cannot enter Ethiopia for various political reasons, has never been to Ethiopia, has nothing to do with Ethiopia, does not want to go to Ethiopia. The I-129F requested Yemen as the Consulate, but was sent to Ethiopia because they were married in Djibouti.

Supposedly the I-129F expires in four months if processing at the Consulate has not started. The I-130 expires within one year.

They have children in Yemen. No I-130 was filed for the children, because the K-3 Visa should have brought them over.

Can the I-130 for the wife be extended to include the children? Or will new I-130s have to be filed for them?

How can he transfer the I-129F to Yemen, if the Consulate will not take it? Can he transfer it to Djibouti or Saudi Arabia instead?

The fear is that the I-129F is essentially lost by government processing, the I-130 could take forever to process because of the closed consulate, and the I-130 will not include the children. Is this accurate?

Thank you for your help! Please direct me to any sources that may be of use. My friend's attorney is next to useless, he keeps "hmming" and "haaing" that the Consulate will take care of it - but nothing is happening!

Each child will eventually need an I-130 anyway to adjust status.

K3 visa interviews are in the country of marriage with the exception being when there is no Consulate in that country. Then they go to the Consulate responsible for the area.

I believe the I-130 can be directed to an open Consulate. You could possibly talk to NVC about recalling the I-129F and redirecting it. It might take some special dispensation, an official request and potential assitance from a member of Congress or the US Senate. If it were me, I'd contact my Congressman and NVC tomorrow.

[mrc1330 0]

I will probably have a very similar issue and so i contacted NVC in advance and they say they can't change it to call the Visa Office in DC, there number is 202-663-1225

I am helping a friend - who this question is relevant to. If anyone has any idea of what should happen next, that would be great.

Here is what has occurred so far:

Filed I-130 April 2007. Received receipt June 2007.

Filed I-129F June 2007. Received receipt October 2007.

I-130 & I-129F approved March 2008.

May 2008, received notice from NVC for processing the I-130.

May 2008, received notice from NVC for processing the I-129F.

Family is located in Yemen. Sana'a U.S. Consulate is "closed" until further notice.

I-130 NVC Notice indicates, once paid, it will be shipped to Yemen for processing.

I-129F has already been sent to and received by the U.S. Consulate in Ethiopia.

The Yemen Consulate refuses to transfer the I-129F petition from Ethiopia to Yemen. The family cannot enter Ethiopia for various political reasons, has never been to Ethiopia, has nothing to do with Ethiopia, does not want to go to Ethiopia. The I-129F requested Yemen as the Consulate, but was sent to Ethiopia because they were married in Djibouti.

Supposedly the I-129F expires in four months if processing at the Consulate has not started. The I-130 expires within one year.

They have children in Yemen. No I-130 was filed for the children, because the K-3 Visa should have brought them over.

Can the I-130 for the wife be extended to include the children? Or will new I-130s have to be filed for them?

How can he transfer the I-129F to Yemen, if the Consulate will not take it? Can he transfer it to Djibouti or Saudi Arabia instead?

The fear is that the I-129F is essentially lost by government processing, the I-130 could take forever to process because of the closed consulate, and the I-130 will not include the children. Is this accurate?

Thank you for your help! Please direct me to any sources that may be of use. My friend's attorney is next to useless, he keeps "hmming" and "haaing" that the Consulate will take care of it - but nothing is happening!

Each child will eventually need an I-130 anyway to adjust status.

K3 visa interviews are in the country of marriage with the exception being when there is no Consulate in that country. Then they go to the Consulate responsible for the area.

I believe the I-130 can be directed to an open Consulate. You could possibly talk to NVC about recalling the I-129F and redirecting it. It might take some special dispensation, an official request and potential assitance from a member of Congress or the US Senate. If it were me, I'd contact my Congressman and NVC tomorrow.