Stuck in AP in NVC

[sachinky 465]

I'm not sure but I think the rule is that the petition can ONLY be filed when both parties are free to legally wed. OP, I would REALLY check up on this. I can distinctly remember two individuals who had to withdraw their petition, and then file again once the divorce had cleared and they were allowed to marry.

[Martyshk 137]

I think it states somewhere that both parties must be "free to marry" upon filing. I'll do some digging later after work, but it would actually make sense. Since if divorce is not final it could've potentially dragged any amount of time.

What's interesting though, is NOA-2 was issued without any RFEs, so who knows.

Best of luck to you, I hope everything works out!

Удачи!!!

[sachinky 465]

I know of one person whose petition was APPROVED, and then she had to withdraw it because her divorce had not gone through at the time of filing, so do check this out.

[Sveta and Ko 0]

Just called to NVC. An operator told me that the case is sent to the consulate today. After all I've been told be NVC and DOS I am not sure this is the correct information.

[Sveta and Ko 0]

I think it states somewhere that both parties must be "free to marry" upon filing. I'll do some digging later after work, but it would actually make sense. Since if divorce is not final it could've potentially dragged any amount of time.

What's interesting though, is NOA-2 was issued without any RFEs, so who knows.

Best of luck to you, I hope everything works out!

Удачи!!!

I read it again and again before filing and found out that both parties should be free to marry and intend to do so within 90 days of fiance(e) entrance into US. There is no limitation on what state the marriage should take place. I had my decree of divorce on hands BEFORE filing. It just had a limitation on when I am free to remarry in my state based on the date I filed for divorce (waiting period).

[Martyshk 137]

I read it again and again before filing and found out that both parties should be free to marry and intend to do so within 90 days of fiance(e) entrance into US. There is no limitation on what state the marriage should take place. I had my decree of divorce on hands BEFORE filing. It just had a limitation on when I am free to remarry in my state based on the date I filed for divorce (waiting period).

Then you are good to go

Just called to NVC. An operator told me that the case is sent to the consulate today. After all I've been told be NVC and DOS I am not sure this is the correct information.

I hope everything turns out fine and the consulate receives it soon!

[Sveta and Ko 0]

I know of one person whose petition was APPROVED, and then she had to withdraw it because her divorce had not gone through at the time of filing, so do check this out.

My divorce had been final before the petition was filed.

[Darnell 8,479]

cool ! sounds like things are moving along.

Call DOS Hotline in a few days, they'll have the 'date it left NVC' in their status thingies.

Good Luck !

(my apologies if I raised yer bloodpressure, though )

[sachinky 465]

Sounds like you're good to go!

All the best !

[Sveta and Ko 0]

cool ! sounds like things are moving along.

Call DOS Hotline in a few days, they'll have the 'date it left NVC' in their status thingies.

Good Luck !

(my apologies if I raised yer bloodpressure, though )

What does it mean "sent today" ? Moved the package to the mail room or have the package picked up by DHL?

Thanks a lot for your thoughts and support. One need to know the potential problems in order to even try to solve them! A friend of mine kept getting an RFE from INS (back then) for his practical training (after PhD completed on F1 visa same as me). Not a single clue why the RFE was generated. It ended up a University visa lady simply forgot to date her signature. It took three RFE to find it out!

I will call DOS today. To ask about the status. I am still confused and do not understand a thing.

[Sveta and Ko 0]

Sounds like you're good to go!

All the best !

Thanks a lot. Will keep you posted as soon as I know what is the status of our petition. Not sure about anything right now.

[Sveta and Ko 0]

Called NVC. Operator confirmed that our case was sent to Moscow yesterday, 3/4/2010. Means it left "the facility" Probably means it is out to mail room. Saw a 16 lbs package on DHL website with reference EXP 04 MAR 2010A going to Moscow. Hope it has our case as well. Let's see what kind of info I will get next. I am reluctant to update our time line yet.

[patient2010 93]

I called NVC today and they said mine was in Additional processing as well I hope this doesnt push my interview date back...Nigeria is already 4months out with scheduling these things

[ScottThuy 140]

http://www.visajourney.com/forums/topic/165644-stuck-nvc-for-ap/

there is a pinned topic for this issue...