They lost our petition!

[CanadiCAN 0]

Our K1 petition was sent out in May of 2008 and now after 10 months of waiting, we find out they lost our petition. I am the beneficiary, and I am currently in the U.S. I know that if someone entered the U.S on say, a student visa or a work visa and got married to a U.S citizen that they could file for AOS and stay in the U.S while doing so. I've also heard of a few people who just came in on visitor visas that can do the same. Basically I would like to know if this option would be possible for us. When I entered the U.S I did not have any intentions of getting married on this visit, as we were awaiting our K1 visa. Now we would like to get married and adjust status. I'm just not sure if this is an option for me. I in no way want to do something that is illegal, I am just trying to figure out our options as we don't want to be apart anymore. We've spent the last 10 months apart and don't want to have to go through that all over again. Any help, advice or personal experience would be greatly appreciated.

[bowflex 0]

Our K1 petition was sent out in May of 2008 and now after 10 months of waiting, we find out they lost our petition. I am the beneficiary, and I am currently in the U.S. I know that if someone entered the U.S on say, a student visa or a work visa and got married to a U.S citizen that they could file for AOS and stay in the U.S while doing so. I've also heard of a few people who just came in on visitor visas that can do the same. Basically I would like to know if this option would be possible for us. When I entered the U.S I did not have any intentions of getting married on this visit, as we were awaiting our K1 visa. Now we would like to get married and adjust status. I'm just not sure if this is an option for me. I in no way want to do something that is illegal, I am just trying to figure out our options as we don't want to be apart anymore. We've spent the last 10 months apart and don't want to have to go through that all over again. Any help, advice or personal experience would be greatly appreciated.

This would unfortunately be illegal as you have already filed an immigrant visa petition. This means that you already had the intent on marrying the US Citizen and immigrating. If they actually lost your petition I would get the citizen's state senator involved and be sure to include all of the notifications you received that your paperwork was being received and processed. Good luck!

Edited March 17, 2009 by bowflex

[CanadiCAN 0]

Well, I in no way want to do anything illegal. The thing is we never received any noticeof receipt for our petition. We made several calls to the customer service center over the course of these 10 months and they could never tell us anything so we went to an infopass appointment and the guy there told us that all he had "on file" for us is the petitioners name and address, and that's it, nothing about me. He said that it looked like someone started to input our information and stopped. He said that it's basically like it never existed. He also said that it would not affect any other visa we applied for. I guess I just want to know what our best option would be at this point. We're sick of being apart as everyone going through this process is.

[sara..... 371]

wow the csc office never stops amazing me they really need an over haul what were the excuses they told u all this time u been waiting?

sara

[CanadiCAN 0]

They just kept saying that they would look into it and send out our NOA1. Then they told us that if we didn't hear anything in 3 motnhs to contact a senator. Instead we made an infopass appointment to hear from someone face to face what was really going on, and he informed us that they basically had no information on us. So we're out $450, and 10 months of time together.

[JillA 2]

They just kept saying that they would look into it and send out our NOA1. Then they told us that if we didn't hear anything in 3 motnhs to contact a senator. Instead we made an infopass appointment to hear from someone face to face what was really going on, and he informed us that they basically had no information on us. So we're out $450, and 10 months of time together.

So they cashed your cheque, THEN lost the file? How convenient for them!

[CanadiCAN 0]

Yeah, I've lost faith in them. At this point I feel like no matter what we do we're going to get screwed over.

[Hugglebuggles 60]

They just kept saying that they would look into it and send out our NOA1. Then they told us that if we didn't hear anything in 3 motnhs to contact a senator. Instead we made an infopass appointment to hear from someone face to face what was really going on, and he informed us that they basically had no information on us. So we're out $450, and 10 months of time together.

So they cashed your cheque, THEN lost the file? How convenient for them!

My thoughts exactly! Wow, that's unbelievable. If they cashed your cheque then someone had your petition in their hands at some point... So we can't even blame the mail courier.

[bowflex 0]

I would definitely recommend checking with the state senator. When the Consul in Montreal began pulling some shenanighans on my wife's case we called my state senator and although it took 3 more months, he did help clear through the red tape. I'm so sorry to hear about your case but I hope they can help!

[CanadiCAN 0]

Unfortunately with our case I don't think there's anything to salvage at this point. I don't really want to wait another 3 months to hear that they can't do anything for us. We already tried to contact them to help us before we went for our infopass appointment and they never got back to us. Thank you for the suggestion though. I'm just so lost. I don't know what to do. I suppose the best option would be to speak to an Immigration attorney and explain our situation and see what they say is our best and safest bet.

[bowflex 0]

Unfortunately with our case I don't think there's anything to salvage at this point. I don't really want to wait another 3 months to hear that they can't do anything for us. We already tried to contact them to help us before we went for our infopass appointment and they never got back to us. Thank you for the suggestion though. I'm just so lost. I don't know what to do. I suppose the best option would be to speak to an Immigration attorney and explain our situation and see what they say is our best and safest bet.

I definitely know where you're coming from. When my wife was originally denied at her interview and there was no good reason we felt pretty helpless and hopeless too. I'd definitely recommend checking with a lawyer as I'm pretty sure the only reason our case ever ended up going through was because of ours. Good luck!!

[sara..... 371]

They just kept saying that they would look into it and send out our NOA1. Then they told us that if we didn't hear anything in 3 motnhs to contact a senator. Instead we made an infopass appointment to hear from someone face to face what was really going on, and he informed us that they basically had no information on us. So we're out $450, and 10 months of time together.

are they going to make u pay again to refile?????????

sara

[JillA 2]

I'm sure you thought of this, but what about your fiancee moving to Canada....

[CanadiCAN 0]

are they going to make u pay again to refile?????????

sara

Yes that seems to be the case.

We have considered going the Canadian route, we're just trying to get all of our options clear to us. I think our next step will be to consult with an immigration attorney and see what they say our best option would be. Thank you everyone for your advice and help.

[TayL 0]

So wait... they're going to make you PAY AGAIN? That's RIDICULOUS. You should get a refund on the first petition, since it was THEIR mistake.