USCIS says they haven't received our application...

[Amecia 1]

Hello there,

I am new and have been lurking for a while. I have a question that hopefully some of you can answer. My fiance sent the I-129F to the California office 8 weeks ago and we have been checking in with them since 3 weeks in and they keep saying they haven't received it. I find this hard to believe. We are in the process of tracking the money order to see if it was cashed, but we are at a lost on what to do. He sent it in the regular mail so he is wondering if it got lost in the mail. Has this happened to anyone else? What did you do? Did you refile? Should we look at hiring a lawyer to speed up the process? The other thing is that I am pregnant with his child and due in August. It's coming really fast and we are afraid that I will have to deliver the baby here (in Canada) in the middle of the process. We sent in the application when I was 20 weeks along just to make sure they would have enough time to at least look at it and see if they could get it done in time (and also because I was in the middle of getting my divorce). Now, I'm not so optimistic. Any input would be appreciated.

Thanks.

[Sweetcheeksss 91]

Well, if it was purchased at a financial instution, your fiance should be able to contact them (the FI) and get them to track it and if it's not cashed, all he'll have to do is sign an affidavit and they will issue a new one.

In regards to your visa, hopefully someone with more knowledge will come along to help you with some advice, I just wanted to pass along what I knew about the money order.

Good luck with everything!

[ScratchIt 12]

I'm likely to get slammed and told I'm not being helpful but send everything certified mail. There will always be a record of it's travels when you do. If there is an RFE, send it certified. When you file for AOS, send it certified. You will feel better for it. Good luck with your new family!

[Amecia 1]

If we have to re-submit, I will make sure he sends everything out certified. I told him to do that this time, but I guess he thought he knew better. Men! Even in long distance relationship, they don't listen! lol

But right now, we're trying to figure out if we actually do need to re-submit or if USCIS just needs to pull their heads out of their a** and find the darn thing! They can't find any record of us ever submitting an application so that's making me nervous. I will most likely have to have the baby here and get her added to the visa once she's born, but that'll be another delay and I will not be happy with them one bit.

So is it possible that they received it and just haven't touched it yet?

[Wyld Blu 35]

Hello there,

I am new and have been lurking for a while. I have a question that hopefully some of you can answer. My fiance sent the I-129F to the California office 8 weeks ago and we have been checking in with them since 3 weeks in and they keep saying they haven't received it. I find this hard to believe. We are in the process of tracking the money order to see if it was cashed, but we are at a lost on what to do. He sent it in the regular mail so he is wondering if it got lost in the mail. Has this happened to anyone else? What did you do? Did you refile? Should we look at hiring a lawyer to speed up the process? The other thing is that I am pregnant with his child and due in August. It's coming really fast and we are afraid that I will have to deliver the baby here (in Canada) in the middle of the process. We sent in the application when I was 20 weeks along just to make sure they would have enough time to at least look at it and see if they could get it done in time (and also because I was in the middle of getting my divorce). Now, I'm not so optimistic. Any input would be appreciated.

Thanks.

I am confused, you sent in your application while in the middle of a divorce?? If this is true, that could be your hold up right there. You have to be free and clear to marry BEFORE you send in your application. Also, if you look at the K1 time lines, you will see that the average time it takes to get the visa is somewhere in the 6 month range. Maybe I am reading this all wrong, if so, apologies.

-Blu-

Edited May 16, 2010 by Wyld Blu

[Amecia 1]

My divorce wasn't final yet when we sent in the application (it is now). But they say they have no record of having received the application at all so that wouldn't even be an issue. We explained the situation very clearly on our cover letter as to why we were applying now rather than wait and we told them when it would be finalized and that I would have the papers to bring to the interview and/or to forward to them within a month of sending out the application. We knew it would take longer than that for them to process the application so we weren't too worried about it.

Now my question is "is it possible it got lost in the mail or are they just pulling our chains?" Why say they haven't received it if they are holding on to it because of a different issue? They should have some kind of a record of it, shouldn't they? Should we re-file or just wait?

[Rebecca Jo 1,962]

My divorce wasn't final yet when we sent in the application (it is now). But they say they have no record of having received the application at all so that wouldn't even be an issue. We explained the situation very clearly on our cover letter as to why we were applying now rather than wait and we told them when it would be finalized and that I would have the papers to bring to the interview and/or to forward to them within a month of sending out the application. We knew it would take longer than that for them to process the application so we weren't too worried about it.

Now my question is "is it possible it got lost in the mail or are they just pulling our chains?" Why say they haven't received it if they are holding on to it because of a different issue? They should have some kind of a record of it, shouldn't they? Should we re-file or just wait?

Your petition would not have 'taken longer' with your divorce having not been finalized. It would have been denied.

[Audy_Rob 26]

My divorce wasn't final yet when we sent in the application (it is now). But they say they have no record of having received the application at all so that wouldn't even be an issue. We explained the situation very clearly on our cover letter as to why we were applying now rather than wait and we told them when it would be finalized and that I would have the papers to bring to the interview and/or to forward to them within a month of sending out the application. We knew it would take longer than that for them to process the application so we weren't too worried about it.

Now my question is "is it possible it got lost in the mail or are they just pulling our chains?" Why say they haven't received it if they are holding on to it because of a different issue? They should have some kind of a record of it, shouldn't they? Should we re-file or just wait?

A couple of things.

1) They will not be holding onto it. They will have sent an NOA1, they will know your file is there. It is more likely it is really misplaced.

2) If the baby's father is your US Citizen fiance, you will need to file CRBA and will not need a visa for the baby. If the baby is the child of your Canadian Ex-husband, then the baby would need the derivative K-2 Visa.

Good luck.

[Gary and Alla 3,694]

Hello there,

I am new and have been lurking for a while. I have a question that hopefully some of you can answer. My fiance sent the I-129F to the California office 8 weeks ago and we have been checking in with them since 3 weeks in and they keep saying they haven't received it. I find this hard to believe. We are in the process of tracking the money order to see if it was cashed, but we are at a lost on what to do. He sent it in the regular mail so he is wondering if it got lost in the mail. Has this happened to anyone else? What did you do? Did you refile? Should we look at hiring a lawyer to speed up the process? The other thing is that I am pregnant with his child and due in August. It's coming really fast and we are afraid that I will have to deliver the baby here (in Canada) in the middle of the process. We sent in the application when I was 20 weeks along just to make sure they would have enough time to at least look at it and see if they could get it done in time (and also because I was in the middle of getting my divorce). Now, I'm not so optimistic. Any input would be appreciated.

Thanks.

This is WHY you NEVER, EVER send anything to ANY government agency, not even the dog catcher, without delivery confirmation and you NEVER EVER send anything but a personal check which can be easily tracked.

So now you have to to track the money order. Good luck with that. Some are easier than others to track. None are easy.

Truly, USCIS rarely loses these things at the initial level. My guess is your fiance sent it to the wrong location and it can take many weeks for them to forward it to the right location. He should have sent it either to the California Service Center in Laguna Nigel, CA OR to the Vermont Service Center in St Albans, VT. The correct service center depends on the state where he lives and it is in the instructions. If he sent it anywhere else that would explain the delay. Simple question to him..."Did you send it to Vermont or California?"

I will give you 99.99% odds this is "pilot error", he sent it to the wrong place. If he sent it to the WRONG USCIS location there is not much to do but wait. Sending a new package will VERY likely confuse the matter and since he used a money order, he can't just stop payment on the check.

[alex and astrid 38]

My divorce wasn't final yet when we sent in the application (it is now). But they say they have no record of having received the application at all so that wouldn't even be an issue. We explained the situation very clearly on our cover letter as to why we were applying now rather than wait and we told them when it would be finalized and that I would have the papers to bring to the interview and/or to forward to them within a month of sending out the application. We knew it would take longer than that for them to process the application so we weren't too worried about it.

Now my question is "is it possible it got lost in the mail or are they just pulling our chains?" Why say they haven't received it if they are holding on to it because of a different issue? They should have some kind of a record of it, shouldn't they? Should we re-file or just wait?

If and when your package is found, it will be denied outright, because you were not free to marry at the time of filing. It doesn't matter if you are free to marry after you file, because USCIS does not know that. To be blunt, USCIS doesn't really care about personal situations, all that care about is if you satisfy the requirements to be approved.

[Gary and Alla 3,694]

My divorce wasn't final yet when we sent in the application (it is now). But they say they have no record of having received the application at all so that wouldn't even be an issue. We explained the situation very clearly on our cover letter as to why we were applying now rather than wait and we told them when it would be finalized and that I would have the papers to bring to the interview and/or to forward to them within a month of sending out the application. We knew it would take longer than that for them to process the application so we weren't too worried about it.

Now my question is "is it possible it got lost in the mail or are they just pulling our chains?" Why say they haven't received it if they are holding on to it because of a different issue? They should have some kind of a record of it, shouldn't they? Should we re-file or just wait?

Brilliant. So whenever they DO receive it, it will be denied after sitting around for many months. The divorce MUST, ABSOLUTELY MUST be FINAL and you must include a copy of the FINALIZED divorce with your petition or it WILL be denied...eventually.

Here is what will happen. The petition mailed to the wrong place will eventually get to the right place. The check will be cashed and your money is gone (it is anyway, so that is not an issue). They will put your petition into the stack to await adjudication. Some months later you will get an RFE. The RFE will ask for a copy of your FINALIZED divorce which MUST be dated before the petition was sent. You will have 45 days to produce this. You cannot produce this. You will send them a letter saying you cannot produce this. Some months later they will deny your petition and you get to start over.

Your other option...

Wait until it gets delivered, wait until you get your NOA1. Immediately CANCEL and withdraw the petition. File another petition as soon as you have a copy of the finalzed divorce.

The lesson cost you $455. You haven't lost any time because you were not eligible anyway. Consider it a $455 rehersal.

I now have absolutely NO doubt the petition was mailed to the wrong address as your fiance seems incapable following directions. There was no way you were eligible to be petitioned for a K-1 at this time, even a brief reading of the instructions would reveal this.

At the time of filing you MUST be eligible to marry. If you are not divorced you are not eligible to marry and you dso not qualify. Period. There are no appeals or explanations accepted. None. Ever.

[Gary and Alla 3,694]

If and when your package is found, it will be denied outright, because you were not free to marry at the time of filing. It doesn't matter if you are free to marry after you file, because USCIS does not know that. To be blunt, USCIS doesn't really care about personal situations, all that care about is if you satisfy the requirements to be approved.

You are correct, sort of.

It will not be "denied outright". It would be great if it would be actually, but it won't be. It will be processed because it contains all that is necessary for initial processing...payment and signed forms. It will be months before it is denied, after an RFE in all likihood.

The OPs choice is to withdraw the petition as soon as they have a case number. A new peition CANNOT be submitted until the old one is denied OR wiithdrawn. DO NOT ATTEMPT TO SEND ANOTHER NOW, even if you are now divorced. You must first get this one withdrawrn and you cannot do that until you have a case number.

[Audy_Rob 26]

The first thing they do is check that the personal check or money is exactly correct, $455, then they check for signatures, if all of that is present, then they will issue an NOA1.

[Gary and Alla 3,694]

The first thing they do is check that the personal check or money is exactly correct, $455, then they check for signatures, if all of that is present, then they will issue an NOA1.

Correct. The person opening the petition does not even read the cover letter and couldn't possibly care less what it says. They check for signatures only, payment in the correct amount and throw it in the stack after issuing an NOA1. But ONLY when it gets to the right place.

Read the pinned topic on my conversation with the USCIS director at the Vermont Service Center above. You will see how a petition is handled and the steps it goes through. Sending in a petition that is disqualified by lack of meeting the law is just a sure way to waste months before finally getting a denial.

When the adjudicator gets the petition, finally after some months, he is going to go down his checklist. He is going to look at the G-325a and I-129f...here is what happens, no kidding, I personally know several adjusicators in Vermont...

Q. Is anyone in this petition divorced?

A. Yes

Q. Is the final divorce decree present with the petition?

A. No

RFE...Please submit the final divorce decree dated prior to (date petrition waws received) by (date for submission).

The RFE will be sent some weeks after the adjudicator actually looks at it. Adjudicators do NOT send RFEs, RFEs are sent by another department. If your case is not complete, your petition gets tossed into another stack (for RFEs) and when they get to it the RFE is issued. Any impression that an adjudicator stops what they are doing and sends you an RFE ASAP so your case can proceed is imaginary on your part. It is a process, there is a process for everything. There is an RFE process, if your case is not complete it is removed from the adjudication process and put into the RFE process, after it completes the RFE process it goes back to the petition process. Back in line, so to speak. ANY RFE negates ANY obligation by USCIS to meet any timeline guides for your case. Your case DOES go back to the same adjudicator and that adjudicator can decide how they handle RFE responses more or less in their own manner.

[Rebecca Jo 1,962]

Correct. The person opening the petition does not even read the cover letter and couldn't possibly care less what it says. They check for signatures only, payment in the correct amount and throw it in the stack after issuing an NOA1. But ONLY when it gets to the right place.

Read the pinned topic on my conversation with the USCIS director at the Vermont Service Center above. You will see how a petition is handled and the steps it goes through. Sending in a petition that is disqualified by lack of meeting the law is just a sure way to waste months before finally getting a denial.

When the adjudicator gets the petition, finally after some months, he is going to go down his checklist. He is going to look at the G-325a and I-129f...here is what happens, no kidding, I personally know several adjusicators in Vermont...

Q. Is anyone in this petition divorced?

A. Yes

Q. Is the final divorce decree present with the petition?

A. No

RFE...Please submit the final divorce decree dated prior to (date petrition waws received) by (date for submission).

The RFE will be sent some weeks after the adjudicator actually looks at it. Adjudicators do NOT send RFEs, RFEs are sent by another department. If your case is not complete, your petition gets tossed into another stack (for RFEs) and when they get to it the RFE is issued. Any impression that an adjudicator stops what they are doing and sends you an RFE ASAP so your case can proceed is imaginary on your part. It is a process, there is a process for everything. There is an RFE process, if your case is not complete it is removed from the adjudication process and put into the RFE process, after it completes the RFE process it goes back to the petition process. Back in line, so to speak. ANY RFE negates ANY obligation by USCIS to meet any timeline guides for your case. Your case DOES go back to the same adjudicator and that adjudicator can decide how they handle RFE responses more or less in their own manner.

You don't get an RFE for being ineligible to marry.

You get a denial.