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EricMN

Consulate failure to perform

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Filed: K-1 Visa Country: Turkey
Timeline

I find it interesting after looking at the processing timelines that so many people wait so

long for an appointment date after the consulate has received all their paperwork considering the

following was enacted almost 9 years ago:

http://frwebgate.access.gpo.gov/cgi-bin/ge...publ113.106.pdf

Nov. 29, 1999

[H.R. 3194]

Public Law 106–113

106th Congress

An Act

113 STAT. 1501A–430 PUBLIC LAW 106–113—APPENDIX G

SEC. 237. PROCESSING OF VISA APPLICATIONS.

(a) POLICY.—It shall be the policy of the Department of State

to process immigrant visa applications of immediate relatives of

United States citizens and nonimmigrant K–1 visa applications

of fiances of United States citizens within 30 days of the receipt

of all necessary documents from the applicant and the Immigration

and Naturalization Service. In the case of an immigrant visa

application where the sponsor of such applicant is a relative other

than an immediate relative, it should be the policy of the Department

of State to process such an application within 60 days of

the receipt of all necessary documents from the applicant and

the Immigration and Naturalization Service.

I would encourage you to contact your congressional district member and give them

the details on how long the consulate has had your completed paperwork and the

duration of time you have been waiting if it has been more than 30 days.

You can contact your congressional district member here:

https://writerep.house.gov/writerep/welcome.shtml

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How do you know they are not processing the documents within 30/60 days? They very well may be doing that.

Interview is not processing paperwork - so they can schedule that down the road.

Ankara processed our paperwork within days of receipt - but we still had to wait 3 months for the actual interview. (it may of been made sooner, but Obama came to Turkey and the embassy stopped all visa interviews for 2 weeks, which created a backlog)

(in fact - they tell you they process the papwerwork as soon as they get it, and if it's correct (with no RFE's) - they give you an interview date.

So, imo, they are running true to the policy.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Ukraine
Timeline
I find it interesting after looking at the processing timelines that so many people wait so

long for an appointment date after the consulate has received all their paperwork considering the

following was enacted almost 9 years ago:

http://frwebgate.access.gpo.gov/cgi-bin/ge...publ113.106.pdf

Nov. 29, 1999

[H.R. 3194]

Public Law 106–113

106th Congress

An Act

113 STAT. 1501A–430 PUBLIC LAW 106–113—APPENDIX G

SEC. 237. PROCESSING OF VISA APPLICATIONS.

(a) POLICY.—It shall be the policy of the Department of State

to process immigrant visa applications of immediate relatives of

United States citizens and nonimmigrant K–1 visa applications

of fiances of United States citizens within 30 days of the receipt

of all necessary documents from the applicant and the Immigration

and Naturalization Service. In the case of an immigrant visa

application where the sponsor of such applicant is a relative other

than an immediate relative, it should be the policy of the Department

of State to process such an application within 60 days of

the receipt of all necessary documents from the applicant and

the Immigration and Naturalization Service.

I would encourage you to contact your congressional district member and give them

the details on how long the consulate has had your completed paperwork and the

duration of time you have been waiting if it has been more than 30 days.

You can contact your congressional district member here:

https://writerep.house.gov/writerep/welcome.shtml

You are reading it entirely wrong.

The consulate does not "receive all necessary documents" UNTIL the time of the interview (the medical exam AND interview results being part of the "necessary" documents) This means they must issue the visa (or a denial) within 30 of the interview date. They will. There is no guideline for any timeline for scheduling interviews, it is entirely up to the consulates digression.

Contacting your congressman will have little or no effect on how a consulate processes visas.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Citizen (apr) Country: Ukraine
Timeline
I find it interesting after looking at the processing timelines that so many people wait so

long for an appointment date after the consulate has received all their paperwork considering the

following was enacted almost 9 years ago:

http://frwebgate.access.gpo.gov/cgi-bin/ge...publ113.106.pdf

Nov. 29, 1999

[H.R. 3194]

Public Law 106–113

106th Congress

An Act

113 STAT. 1501A–430 PUBLIC LAW 106–113—APPENDIX G

SEC. 237. PROCESSING OF VISA APPLICATIONS.

(a) POLICY.—It shall be the policy of the Department of State

to process immigrant visa applications of immediate relatives of

United States citizens and nonimmigrant K–1 visa applications

of fiances of United States citizens within 30 days of the receipt

of all necessary documents from the applicant and the Immigration

and Naturalization Service. In the case of an immigrant visa

application where the sponsor of such applicant is a relative other

than an immediate relative, it should be the policy of the Department

of State to process such an application within 60 days of

the receipt of all necessary documents from the applicant and

the Immigration and Naturalization Service.

I would encourage you to contact your congressional district member and give them

the details on how long the consulate has had your completed paperwork and the

duration of time you have been waiting if it has been more than 30 days.

You can contact your congressional district member here:

https://writerep.house.gov/writerep/welcome.shtml

You are reading it entirely wrong.

The consulate does not "receive all necessary documents" UNTIL the time of the interview (the medical exam AND interview results being part of the "necessary" documents) This means they must issue the visa (or a denial) within 30 of the interview date. They will. There is no guideline for any timeline for scheduling interviews, it is entirely up to the consulates digression.

Contacting your congressman will have little or no effect on how a consulate processes visas.

Even AT the interview (whenever they get around to that) and even AFTER the interview, they can request further documentation. There is no way for the consulate to determine IF they have all the "required documentation" until AFTER the interview. They can request "additional processing" after the interview which can take weeks, months or even YEARS and simply claim they do not have "all the required documentation" since the AP is part of the "required documentation".

Legislation such as you quote was implemented to provide the illusion of one branch of government (legislative) "doing something" when in fact it is carefully worded not to "do anything". In fact, it probably SLOWS the process in many consulates, speeds it in none, and makes no difference in others.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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In our case no interview date has been set; they received her paperwork on the 5th of may.

Are you saying there have been no Packet(s) sent?

Ankara didn't send us a packet - just an email they recieved the petition from NVC and to go here to fill out the rest of the information.

In our case no interview date has been set; they received her paperwork on the 5th of may.

Which paperwork? The NVC stuff, or did you send in the stuff from the link above? (DS-230,I134, etc..)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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