Important Help!: IR-1 spouse visa - never left NVC 2 years

[Afrilaskan Queen 0]

Can anyone direct me please... National Visa Center approved our I-130 or IR-1 K-3 visa petition, but it never went to Nigeria. My husband interviewed for the I-129 K-3 that expired and was not revalidated!

I never was given the package for the I-120 from NVC, I never paid fees, it sat in the US. I need to find what happened to the I-864 & DS-230 & change of agent form.... Who do I call? How do I find where they are?

If my suspicion is true and the lawyer sat on our package OR it was sat on in the US, what do we do? Thanks.

[GheTToJaTTi 0]

call the nvc or the uscis but why have u been waiting 2 years? how come u didnt already ask what happened to ur stuff

[Afrilaskan Queen 0]

Thank you, how do I call NVC? I call and get a busy signal day and night. I waited 2 years because I thought our lawyer was doing everything correctly. My husband went for an I-129 interview but not an IR-1, they denied his visa. It is just now I find out he should have also interviewed for the approved I-130 but it only sat because the lawyer said we could alter things after my husband came on the I-129 visa.

So our approved I-130 did not move literally all of this time, but they told us we could not interview after our failed I-129. The I-129 was not revalidated but I did not know that until two days ago.

Does this mean the lawyer dropped the ball or am I missing something here?

Help! Thank you.

[Y's_habibitk 2]

I know you are upset and desperate, but many people have told you how to proceed. I would try to study the guides to see what the process is, maybe then you will have a better understanding of what has happened to you files and where they are ect. I think it would be very helpful for you to understand what the process for k3 is http://www.visajourney.com/forums/index.ph...=196659&hl=

post 6, post 9 and on many of your other threads.

I and others have advised what to do about the 130 over and over again. please keep trying to call NVC and find out the status of the 130. call in the morning before 9am EST, its the best time to call. also FYI, they are open until 10pm EST also try later at night.

Did you confirm that the 129f was def expired when your husband interviewed? Or are you assuming that they didnt renew the petition at the consul level?

good luck hun

Edited May 27, 2009 by Y's_habibitk

[GheTToJaTTi 0]

Thank you, how do I call NVC? I call and get a busy signal day and night. I waited 2 years because I thought our lawyer was doing everything correctly. My husband went for an I-129 interview but not an IR-1, they denied his visa. It is just now I find out he should have also interviewed for the approved I-130 but it only sat because the lawyer said we could alter things after my husband came on the I-129 visa.

So our approved I-130 did not move literally all of this time, but they told us we could not interview after our failed I-129. The I-129 was not revalidated but I did not know that until two days ago.

Does this mean the lawyer dropped the ball or am I missing something here?

Help! Thank you.

the number for nvc is 603 334 0700 sometimes its busy but i just keep redialing after couple of tries it goes thru and uscis# is 800 375 5283 well first of all why was ur husband denied at his I-129 interview???? the lawyer probably screwed u!!

[Y's_habibitk 2]

Just one more thing to think about. if you told your lawyer that you wanted the k3 visa, he/she would have just ignored the coorespondence from nvc. Its not a given in all cases, for instance.. we wanted to go the k3 route, so i ignored the AOS fee bill from NVC and therefor never persued the CR1. It is currently sitting at NVC and will continue to do so since we dont have any intention of interviewing for the CR1. The 130 will be used when we adjust status later this year.

being ill informed about the process can be a great diservice to anyone with a lawyer, especially when something goes wrong and the lawyer is MIA or ill informed themselves. Im truly sorry this happened to you, but I think anyone using a lawyer and arent familiar with the process should use your experience to learn better.

Know the processes, even if you have a lawyer!

[Afrilaskan Queen 0]

Just one more thing to think about. if you told your lawyer that you wanted the k3 visa, he/she would have just ignored the coorespondence from nvc. Its not a given in all cases, for instance.. we wanted to go the k3 route, so i ignored the AOS fee bill from NVC and therefor never persued the CR1. It is currently sitting at NVC and will continue to do so since we dont have any intention of interviewing for the CR1. The 130 will be used when we adjust status later this year.

being ill informed about the process can be a great diservice to anyone with a lawyer, especially when something goes wrong and the lawyer is MIA or ill informed themselves. Im truly sorry this happened to you, but I think anyone using a lawyer and arent familiar with the process should use your experience to learn better.

Know the processes, even if you have a lawyer!

So glad everyone can learn from me..

I did my research and this is the deal, we never got package papers from NVC - our I-130 approved never left, lawyer repeatedly asked for the papers, but only got a letter in Spanish saying to ask uscis the status of our case. I am wondering if this somehow is why my husband never got his package and I never got papers of our approval even though we were told it was approved. Since the I-129 was already in Nigeria she went ahead with that. I did not know the implications.

So calling NVC would have no point now would it? I am trying to figure out if that means anything, we're creating a defense for our case along with addressing the denial claim. The new lawyer said that the papers not going off for the I-130 should be used in our defense. He said that it is a visa not interviewed for - thus it cannot be revoked along with the I-129 and that some embassy's are trying to get away with that. Is that true? He said it is literally against the law to revoke a petition approved that does not go to country of spouse and does not get interviewed for.

That is where my question lies. I am trying to gather everything and make sense of it when we send in our rebuttal. I need to choose to go with a lawyer that says we should refile the I-130 while the other one says this could be detrimental.

I'm concerned our defense is thorough. I feel my head spinning under all of the opinions and choosing the right ones.

[What Happened? 4]

Just one more thing to think about. if you told your lawyer that you wanted the k3 visa, he/she would have just ignored the coorespondence from nvc. Its not a given in all cases, for instance.. we wanted to go the k3 route, so i ignored the AOS fee bill from NVC and therefor never persued the CR1. It is currently sitting at NVC and will continue to do so since we dont have any intention of interviewing for the CR1. The 130 will be used when we adjust status later this year.

being ill informed about the process can be a great diservice to anyone with a lawyer, especially when something goes wrong and the lawyer is MIA or ill informed themselves. Im truly sorry this happened to you, but I think anyone using a lawyer and arent familiar with the process should use your experience to learn better.

Know the processes, even if you have a lawyer!

So glad everyone can learn from me..

I did my research and this is the deal, we never got package papers from NVC - our I-130 approved never left, lawyer repeatedly asked for the papers, but only got a letter in Spanish saying to ask uscis the status of our case. I am wondering if this somehow is why my husband never got his package and I never got papers of our approval even though we were told it was approved. Since the I-129 was already in Nigeria she went ahead with that. I did not know the implications.

So calling NVC would have no point now would it? I am trying to figure out if that means anything, we're creating a defense for our case along with addressing the denial claim. The new lawyer said that the papers not going off for the I-130 should be used in our defense. He said that it is a visa not interviewed for - thus it cannot be revoked along with the I-129 and that some embassy's are trying to get away with that. Is that true? He said it is literally against the law to revoke a petition approved that does not go to country of spouse and does not get interviewed for.

That is where my question lies. I am trying to gather everything and make sense of it when we send in our rebuttal. I need to choose to go with a lawyer that says we should refile the I-130 while the other one says this could be detrimental.

I'm concerned our defense is thorough. I feel my head spinning under all of the opinions and choosing the right ones.

Is there a reason why you haven't contacted NVC and the consulate, raised hell and demanded to speak with a supervisor who can give you the correct information? You need to do this if for no other reason but to get a clear understanding of what happened. I wouldn't sit back and wait for the new layer to do anything. They are not as passionate about getting the right result as you are and they won't ever be. So you have to get on the phone and raise hell.

Besides something doesn't sound right with the reason you have written in the past as to why the I129F was revoked either. I have read on here that the people at the Lagos consulate have denied visas with really no legitamate reason at all. But the person doesn't accept it and and lights a fire under someones backside and all of the sudden they have an approval. So you need to become alot more vocal about what is going on......but with people who can change the situation for you.

Edited May 28, 2009 by cornbread

[Afrilaskan Queen 0]

Hi, I'm not sure if I can raise anymore shouting - the senator has been involved since our case file was MIA in Lagas, they got him in the door for his interview, and then the Senator also wrote 3 more times and about 5-6 weeks ago.

I emailed/phoned the consulate repeatedly for the two months, petitioned for a redo on our interview, with evidence, that was a no-go. NVC - I thought they were doing everything correctly. I think maybe from reading from you I should contact NVC but I'm puzzled as to what to ask now that our case went back to CSC.. I understand how the process is supposed to go but I don't know the law, that makes me nervous. I don't want to call out of emotion, I want the facts behind me. I'm going to give this great thought. Perhaps calling NVC would be have value if only to recall the steps. I am afraid to make anything worse.

[Afrilaskan Queen 0]

Shocked - NVC never ever received our I-130 case!!! She said call USCIS. Oh my god I think we're getting somewhere!

[Afrilaskan Queen 0]

Shocked - NVC never ever received our I-130 case!!! She said call USCIS. Oh my god I think we're getting somewhere!

USCIS says Dept. of State sent our case for review to USCIS - but dept. of state says they never ever received it in the past 3 years! Is this hope???

[Y's_habibitk 2]

Shocked - NVC never ever received our I-130 case!!! She said call USCIS. Oh my god I think we're getting somewhere!

USCIS says Dept. of State sent our case for review to USCIS - but dept. of state says they never ever received it in the past 3 years! Is this hope???

Ask for specific dates. When USCIS says they received the file back from DOS, ask what date they received it. Then call NVC and tell them that USCIS received the file from them on ____date...... have facts and names of reps you talked to.

Use your USCIS original rec # for the 130 and just call the auto line for NVC and see what it says, out of curiosity.

What reciept number are you using when you call NVC/USCIS? I assume you are using one for each right?

Maybe the 130 was sent to USCIS because it expired and since you had a denied 129f petition already sent to cali, they forwarded it on cuzz it expired anyway(totally speculating here)

you can also email NVC btw. that would ensure you have somethign in writing

Edited May 29, 2009 by Y's_habibitk

[Afrilaskan Queen 0]

'Y's_habibitk',

Thanks so much for your help and suggestions. I called NVC again, their automated line, it too says they have no record of our I-130 approved spouse petition. That and our I-129 were approved on the same day at uscis. Yes there are two different receipt numbers and the I-129 has a record but the other doesn't show as ever having left uscis.

Uscis sent a letter, and I have talked to everyone there, they confirm that NVC on [specific date here] sent back the I-130. They did not send it back because it expired, they are saying that they have never seen it or sent it back. [That was a good thought and I asked about it on the phone.]

So here's my question ...

NVC said to email them a copy of the approval letter from uscis and they would research it. Is that a bad idea?

The reason I am sure uscis sat on our I-130 or somehow it didn't get to NVC Is because for several months after approval notices for I-129 and I-130 was sent to NVC my lawyer wrote every week asking where is the package and we needed to get it going. I am sure the lawyer got happy and distracted when our I-129 went to Lagos and then Lagos too could not find anything. I.E. the mess of my husband never got his package with his approval letter, calling the Senator to get him in the gate...etc.

I also am trying to figure out why the embassy would interview an expired visa. You had mentioned a question that I've been looking for answers on, referring to expired at the Consul or where else - can you elaborate on the expiration date? I know our lawyer made issue of it at my husbands interview because she was concerned. I have looked up about expiration and revalidation because the new lawyer also says that is serious and important. Do you know how I find more information on that?

Is it a bad idea to sent the approval letter to NVC now so they can research it?

[Y's_habibitk 2]

send NVC whatever they are asking for hun. If they are willing to research it..take them up on it! thats a good thing

as far as the expiration date, im not sure what you are asking. Here's what i do know...

the 129f is valid for 4 months after approval. The consul can revalidate the petition at their discrection as many times as neccesary while awaiting the interview or AP or AR. After we were approved, we were pulled for random AP at NVC and i was worried about our petition expiring before my husband had a chance to interview. I sent Amman an email and asked about it and that was their answer... "are able to extend the validity, depending on circumstances"

What were the circumstances as to why they wouldnt let your husband in to interview and why the congressman had to intervene? Im wondering why they woudlnt allow him to interview in the first place.. its all very strange.

[Afrilaskan Queen 0]

send NVC whatever they are asking for hun. If they are willing to research it..take them up on it! thats a good thing

as far as the expiration date, im not sure what you are asking. Here's what i do know...

the 129f is valid for 4 months after approval. The consul can revalidate the petition at their discrection as many times as neccesary while awaiting the interview or AP or AR. After we were approved, we were pulled for random AP at NVC and i was worried about our petition expiring before my husband had a chance to interview. I sent Amman an email and asked about it and that was their answer... "are able to extend the validity, depending on circumstances"

What were the circumstances as to why they wouldnt let your husband in to interview and why the congressman had to intervene? Im wondering why they woudlnt allow him to interview in the first place.. its all very strange.

'Y's_habibitk',

First of all thank you for saying this is all very strange ... thank you! It is all very strange.

I'm getting excited - I'm going to send the information that NVC asked after the weekend to be sure it gets through.

You asked about the situation where the senator had to get my husband in for the interview. That was a whole other mess. You see when our approved petitions were sent to NVC we waited and waited with no notice. I won't list detail after detail but everyday there was some new problem just trying to get the papers or notices. We had no notice when our papers were in Nigeria. My husband never got his approval letter and instruction packet. We got the Washington liaison involved because months kept passing and nothing. We knocked on Nigeria's door. Letters, emails, calls, nothing. So finally the Senator got involved when the liaison got a copy of our approval letter dated for an interview in only a few days.

So my husband had only copies of everything. The gate told him he was a fraud even though no one with his name showed up for his interview except him and he had all these contact names and phone/emails for important people.

He missed that first interview. So when his medical went missing that we paid for, and then everything else went wrong and then he was denied his visa after a strange interview and now I come to find out all of this other information lately I just FEEL a lot.. I don't know what to think. fortunately I have copies of all the strange day after day for 6 months problem after problem, I have to believe this will be alieved somehow. I have to believe there was some mistake and all the cost involved for me and my husband will be altered and we'll just be able to live together - that's all I want.

Thanks for the info on expired visa I really appreciate that. You have been so helpful, thank you. I have to run for now. Take Care & Thank You!