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Filed: Country: India
Timeline
Posted

Okay, the embassy received my fiancee's packet 3 on November 12. They didn't schedule his interview until Jan 28. Our I-129 expires on Jan 22. Since I have been reading this is a way for them to deny your package after having come so far, is there anything I can do to possibly get the I129F reaffirmed before they have the chance? Is there something I can do or say to let them know they had 2 months to schedule the interview and did not and keep them from denying us for this reason? I have time to try to get this done (I hope). Do you think it would do me any good to call USCIS and try to get a new letter with new dates on it?

Thanks in advance!

And just fyi, we stayed ahead of them on everything. He had all his packet 3 stuff and mailed it all back the day after he received the packet. There was no wait on our part. The NVC did however keep our package a month and as usual never said why. As I'm sure you are all aware, this was completely beyond our power to do anything more. But I don't go down without a fight lol. I'm not giving up yet, I don't want to see this fail on a technicality.

January 2009 - K-1 Denied by the consulate

January 2011 - Moved to India - Yikes!

October 2011 - DCF filing rejected by overzealous employee at the embassy

December 2011 - Tourist visa denied (not surprising)

March 2012 - CR1/IR1 process started

May 1, 2012 - RFE and some of our information was entered into the computer wrong by the CSC

Read about all the shenanigans of my relationship at American Punjaban PI

Filed: Country: India
Timeline
Posted

Also, would it do any good to contact the embassy directly about this? Do they keep records of any emails sent to them and attach it to the petition (meaning should I email them in a way that can't be tracked to my case so I'm not basically telling them this information)?

January 2009 - K-1 Denied by the consulate

January 2011 - Moved to India - Yikes!

October 2011 - DCF filing rejected by overzealous employee at the embassy

December 2011 - Tourist visa denied (not surprising)

March 2012 - CR1/IR1 process started

May 1, 2012 - RFE and some of our information was entered into the computer wrong by the CSC

Read about all the shenanigans of my relationship at American Punjaban PI

Filed: K-1 Visa Country: India
Timeline
Posted
Also, would it do any good to contact the embassy directly about this? Do they keep records of any emails sent to them and attach it to the petition (meaning should I email them in a way that can't be tracked to my case so I'm not basically telling them this information)?

Since they scheduled your interview late they will extend the petition for you automatically. We got a 221g so I wrote them an email and sent them a letter through the mail to extend our petition. But, have not gotten any response. In you case its a bit different and I would not worry about it. He has not even has his interview yet, but just remind them and send them an email.

Star

Filed: Country: India
Timeline
Posted
Since they scheduled your interview late they will extend the petition for you automatically. We got a 221g so I wrote them an email and sent them a letter through the mail to extend our petition. But, have not gotten any response. In you case its a bit different and I would not worry about it. He has not even has his interview yet, but just remind them and send them an email.

Star

Thank you. I plan to email them a note stating why I can't make it to the interview and how I'm going to be fully available to take a phone call should they have any questions for me. I will include this in there, I think I will also send a handwritten note as well. Better safe than sorry. This just makes me nervous and upset.

January 2009 - K-1 Denied by the consulate

January 2011 - Moved to India - Yikes!

October 2011 - DCF filing rejected by overzealous employee at the embassy

December 2011 - Tourist visa denied (not surprising)

March 2012 - CR1/IR1 process started

May 1, 2012 - RFE and some of our information was entered into the computer wrong by the CSC

Read about all the shenanigans of my relationship at American Punjaban PI

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted

Have you called the embassy and asked to ensure that your petition doesn't expire?

Logic tells me that since you already have your interview date, it should be okay.

But a phone-call/email can't hurt.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted
Okay, the embassy received my fiancee's packet 3 on November 12. They didn't schedule his interview until Jan 28. Our I-129 expires on Jan 22. Since I have been reading this is a way for them to deny your package after having come so far, is there anything I can do to possibly get the I129F reaffirmed before they have the chance? Is there something I can do or say to let them know they had 2 months to schedule the interview and did not and keep them from denying us for this reason? I have time to try to get this done (I hope). Do you think it would do me any good to call USCIS and try to get a new letter with new dates on it?

Thanks in advance!

And just fyi, we stayed ahead of them on everything. He had all his packet 3 stuff and mailed it all back the day after he received the packet. There was no wait on our part. The NVC did however keep our package a month and as usual never said why. As I'm sure you are all aware, this was completely beyond our power to do anything more. But I don't go down without a fight lol. I'm not giving up yet, I don't want to see this fail on a technicality.

Hi, did you try to get an earlier interview date? Email the Embassy and in Subject include your case number and "Request for an early interview date." In the email, expain to them the reason that your I-129 expires on Jan 22nd. Try calling them as well if that works. I hope this works.

Good luck. :thumbs:

CR-1/NVC
November 16, 2009: Sign-in Failed!!
November 16, 2009: December interviews already scheduled. Operator told me to wait for a possible January interview date. Call back in the 2nd week of December
November 30, 2009: Been trying to call NVC but line busy since late after noon. Finally, got email appointment letter from NVC with the Interview date of January 19, 2010. Yeppe Alhamdulillah>
December 24, 2009: Medical Done and report recieved the same day.
January 11, 2010: Medical submitted at VFS. They asked for: Copy of Packet 3, Appointment letter, and Passport. They told her to take a copy of I-864 and the documents submitted with it, at the time of interview with other proof of relationship documents.
January 19, 2010: VISA APPROVED!!!!!!!!!!!!!!
January 21, 2010: Visa recieved in mail (Package included passport with visa stamped, sealed big brown envelop to be submitted at POE immigration at the airport, and instructions to apply for SS Card)

USA
February 07, 2010: POE Chicago --> Very easy, within 45 minutes
March 02, 2010: SS Card recieved in mail. Welcome letter recieved in mail as well
March 13, 2010: GC Recieved in mail

January 29, 2015: N-400 Application submitted

Filed: Country: India
Timeline
Posted
Have you called the embassy and asked to ensure that your petition doesn't expire?

Logic tells me that since you already have your interview date, it should be okay.

But a phone-call/email can't hurt.

Do you mean call them as if I was checking on things, then let them know the situation and request an extension?

Inzango:

Thank you for that suggestion as well. I think I'm going to do that, I don't have high hopes they will allow it, but it can't hurt to try! I think I am also going to call as Sachinky mentioned. They are so hard to get through to though, I'm sure I'm going to be up till 4 am trying to reach them.

You guys are great!!

January 2009 - K-1 Denied by the consulate

January 2011 - Moved to India - Yikes!

October 2011 - DCF filing rejected by overzealous employee at the embassy

December 2011 - Tourist visa denied (not surprising)

March 2012 - CR1/IR1 process started

May 1, 2012 - RFE and some of our information was entered into the computer wrong by the CSC

Read about all the shenanigans of my relationship at American Punjaban PI

Filed: K-1 Visa Country: India
Timeline
Posted
Do you mean call them as if I was checking on things, then let them know the situation and request an extension?

Inzango:

Thank you for that suggestion as well. I think I'm going to do that, I don't have high hopes they will allow it, but it can't hurt to try! I think I am also going to call as Sachinky mentioned. They are so hard to get through to though, I'm sure I'm going to be up till 4 am trying to reach them.

You guys are great!!

Do all that the above that has been suggested by others i.e. attempt to contact them via email, phone etc and request formally for an extention of the petition. This may help later on just in case they deny your visa for any other reason (such as not enough evidence to support a bonafide relationship and such other #######)............... then the petition is sent back to USCIS generally using this technicality (petition expired) as an excuse (legal loop-hole). So if you have made attempts to get your petition renewed, this just gives you more ammo to fight your case once its with USCIS. Lets hope it doesn't get to that.

As someone has already pointed out, technically if they have themselves scheduled your interview after the expiry date, then your petition should hopefully, be extended for another 4 months. Its all up to the CO who is looking at your case - if they are satisfied with the bonafied relationship part of it, then you should be ok.

Focus your energies on the "bonafied relationship" and prepare your fiancee for the interview........... don't worry too much about the petition expiry.

Good luck!

Filed: Country: India
Timeline
Posted

I emailed and called. The email came back and said that the final decision rests with the interviewer and was really short and to the point. The lady on the phone kept saying don't worry the interviewer can extend it if he chooses to and if he doesn't then they would proceed accordingly. Ugh....I just feel sick. I will let you all know how it goes. I still plan to call the USCIS and see if there is anything they can do.

January 2009 - K-1 Denied by the consulate

January 2011 - Moved to India - Yikes!

October 2011 - DCF filing rejected by overzealous employee at the embassy

December 2011 - Tourist visa denied (not surprising)

March 2012 - CR1/IR1 process started

May 1, 2012 - RFE and some of our information was entered into the computer wrong by the CSC

Read about all the shenanigans of my relationship at American Punjaban PI

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

good luck :star: fiance visas with delhi was a soar spot with me for a long time. but i believe this will work for you. they were slow in scheduling our interview last year also. but since yours will be expired before your interview, i think you are safe. looks like you took the steps to get it resolved, so i think favor is in your reach :D

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

 
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