The Dead File

[Dumb/Dumber 61]

I really would like anyone's and everyone's opinion of what I think is happening with my case at USCIS CSC.

I filed on November 10, 2010 for a K-3 Spousal Visa. I have been told on VJ that this type visa has been discontinued. The Tier 2 person at USCIS told me Monday that it has not been discontinued. I have not gotten an RFE and I have researched others who have gone past the processing time and they usually have received an RFE in the 6th month at the very latest. I have been told that it might be because of the country my husband is from which is Turkey. Well I have seen married people from Pakistan (close to Turkey) get approved in 3 months so I do not think it is the country. Turkey has been an America ally for years. I have been told that it might be because my husband has the same name as a criminal. Well I doubt he would have the same parents and same birthday.

So I am thinking that when my file was touched in March probably for the first time since they received it in November, they hit some kind of snag and laid it aside and have never picked it back up. The people we e-mail and talk to have no idea what is happening with our file, they just give excuses.

We are told to contact our Congressman, which I did, no help at all. Why should we have to contact our Congressman to get a folder looked at and approved? Why can they not tell us exactly what it is holding up our lives? We our Americans. I feel like my life is on hold. If I wait 1 year or 2 years and then we are denied, I will have to quit my job, sell all my belongings and find another country to live in. So yes, I think I deserve better answers than just the routine excuses everyone is given.

And yes, I am older than my husband as most of you know, but at this point that is not a reason to hold up someone's file for an undetermined amount of time. And it is not about being patient at this time, it is about having the right to know what is really happening.

Any thoughts??

[OnMyWayID 1,489]

The one thing worse than being told "no" is being told nothing! Hopefully those with more knowledge than I will pipe in...

On the K-3 part - taken from this page: http://travel.state.gov/visa/immigrants/types/types_2993.html

<BR style="mso-special-character: line-break">

Important Notice: Effective February 1^st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• The nonimmigrant K-3 visa case will be administratively closed.
• The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

So your K-3 will be converted to an IR-1/CR-1 after USCIS.

There is a person on this site marring a girl from the Philippines that was trying to push the USCIS process faster. He arranged a meeting with someone from his local USCIS office about his case. He failed to get his case expedited but he was able to sit down with a person who had access to his case and explain his situation and get an answer.. I think it is called fast pass or info pass, anyway it can be done here: https://infopass.uscis.gov/info_lang.php?sel_lang=en .. I would think they would have a hard time looking you in the face in a scheduled appointment with full access to your case files and not have some answers for you.

[Dumb/Dumber 61]

The one thing worse than being told "no" is being told nothing! Hopefully those with more knowledge than I will pipe in...

On the K-3 part - taken from this page: http://travel.state.gov/visa/immigrants/types/types_2993.html

<BR style="mso-special-character: line-break">

Important Notice: Effective February 1^st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• The nonimmigrant K-3 visa case will be administratively closed.
• The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

So your K-3 will be converted to an IR-1/CR-1 after USCIS.

There is a person on this site marring a girl from the Philippines that was trying to push the USCIS process faster. He arranged a meeting with someone from his local USCIS office about his case. He failed to get his case expedited but he was able to sit down with a person who had access to his case and explain his situation and get an answer.. I think it is called fast pass or info pass, anyway it can be done here: https://infopass.uscis.gov/info_lang.php?sel_lang=en .. I would think they would have a hard time looking you in the face in a scheduled appointment with full access to your case files and not have some answers for you.

Thank you so much your reply.

[brettdresseur 0]

The Pakistanis have a much harder time than we do since AP is practically a given if they are male so if someone from Pakistan (or anywhere else) gets through faster than usual and can be reunited sooner rather than later, cheers to them.

I'm skeptical about it being a simple name check too. To be at USCIS for 7.5 months without any information on your case is mind boggling to say the least. You have every right to know what is going on. I don't want to tell you to exhaust every avenue available to you because it seems like you have already done that. The only thing I can think of is to try and think of any red flags you may have pop up in your past and to get him to tell you about any red flags that may pop up from his past then try to work through your relationship to find out if something may pop up there (not saying you haven't done this yet). If it is security they may not delve into the "problem" with you.

Like you I think the age part is irrelevant for now since it typically comes up in the interview depending upon the country. Good luck, keep us posted and call them every day if you have to.

Turkey isn't anywhere close to Pakistan.

[elya 17]

The only thing I can think of is to try and think of any red flags you may have pop up in your past and to get him to tell you about any red flags that may pop up from his past then try to work through your relationship to find out if something may pop up there (not saying you haven't done this yet). If it is security they may not delve into the "problem" with you.

Sincere question - and then what? So say you are aware of some red flags, then what do you do with that knowledge to get them to finally take action on your case?

[Dumb/Dumber 61]

The Pakistanis have a much harder time than we do since AP is practically a given if they are male so if someone from Pakistan (or anywhere else) gets through faster than usual and can be reunited sooner rather than later, cheers to them.

I'm skeptical about it being a simple name check too. To be at USCIS for 7.5 months without any information on your case is mind boggling to say the least. You have every right to know what is going on. I don't want to tell you to exhaust every avenue available to you because it seems like you have already done that. The only thing I can think of is to try and think of any red flags you may have pop up in your past and to get him to tell you about any red flags that may pop up from his past then try to work through your relationship to find out if something may pop up there (not saying you haven't done this yet). If it is security they may not delve into the "problem" with you.

Like you I think the age part is irrelevant for now since it typically comes up in the interview depending upon the country. Good luck, keep us posted and call them every day if you have to.

Turkey isn't anywhere close to Pakistan.

Pakistan isn't anywhere close to Pakistan. My husband told me the same thing.

[Dumb/Dumber 61]

Sincere question - and then what? So say you are aware of some red flags, then what do you do with that knowledge to get them to finally take action on your case?

The only red flag we have is my age. But if there is another red flag I am not aware of, why ignore us? Why not send me a letter asking me to clarify the problem? It seems very strange to me that once someone goes past 7 months, they seem to get ignored unless they jump up and down on someone's desk everyday. Frustrated.

[marjus's girl 6]

The only red flag we have is my age. But if there is another red flag I am not aware of, why ignore us? Why not send me a letter asking me to clarify the problem? It seems very strange to me that once someone goes past 7 months, they seem to get ignored unless they jump up and down on someone's desk everyday. Frustrated.

i kept calling them every day, probably tired of me..plus i got the congressman involved so they probably thought get this nut to nvc..

i know you got your congressman involved if no help contact senator and your rep, they didn't do anything for me but they might u since congressman didn't..i was sly to i put that they didn't/couldn't help so i think it makes them want to out do the other.. oh did you include alot of evidence coz if you didnt u should of atleast gotten rfe..they just keep saying background? im like other poster 29yr age difference, i could see prob at nvc or interview but not at uscis

[elya 17]

I often see that when people start having problems the recommendation is to figure out your red flags. But unless they do decide to contact you and ask questions you are stuck, I am not aware of anything you can do. And sometimes they literally just don't ask. It's like they are just waiting for you to give up because there is something they don't like but they can't classify it to fit one of the checkboxes on a denial form.

I have a veritable bouquet of red flags by now (petitioner's prior marriage to immigrant, both of us divorced , beneficiary denied different visa before, mistake in first petition,...). But knowing each and every one of them isn't helping me - I've done the best I could to explain everything and have provided a ton of evidence. Still stuck.

They are still saying background checks. Congressman will get the same thing I'm sure...

[Dumb/Dumber 61]

I often see that when people start having problems the recommendation is to figure out your red flags. But unless they do decide to contact you and ask questions you are stuck, I am not aware of anything you can do. And sometimes they literally just don't ask. It's like they are just waiting for you to give up because there is something they don't like but they can't classify it to fit one of the checkboxes on a denial form.

I have a veritable bouquet of red flags by now (petitioner's prior marriage to immigrant, both of us divorced , beneficiary denied different visa before, mistake in first petition,...). But knowing each and every one of them isn't helping me - I've done the best I could to explain everything and have provided a ton of evidence. Still stuck.

They are still saying background checks. Congressman will get the same thing I'm sure...

I want to have faith and hope in this process but I do not. I have faith in God, but bad things happen to good people. My husband is one of the best people I have ever met and this is causing him so much pain. I believe they are going to hold this until we just give up and I am giving up in October.

[marjus's girl 6]

I want to have faith and hope in this process but I do not. I have faith in God, but bad things happen to good people. My husband is one of the best people I have ever met and this is causing him so much pain. I believe they are going to hold this until we just give up and I am giving up in October.

to be honest i would too..u moving there or different country..is so weird me and Marjus where giving it thru June and i was going got it june 15th, having to put in a search for my papers at nvc as soon as they have them im going and then what happens, happens but atleast i know we are together from now on..i pray for u every night...

[Dumb/Dumber 61]

to be honest i would too..u moving there or different country..is so weird me and Marjus where giving it thru June and i was going got it june 15th, having to put in a search for my papers at nvc as soon as they have them im going and then what happens, happens but atleast i know we are together from now on..i pray for u every night...

Thank you so much. I am still so proud of you for getting your NOA2. You did good. I just talk to my sweet husband and he still has so much faith and hope. He is amazing.

[Anas & Ayesha 1]

Pakistan isn't anywhere close to Pakistan. My husband told me the same thing.

Pakistan and Turkey are very close to each other.

Inshallah you hear something very soon. Our prayers are with you.