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Does NVC make mistakes?

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Filed: Other Country: Philippines
Timeline

Hello,

I've posted my issue month ago about my petition. Below is my information and it has been posted here in VJ. I'm still confused about my petition and the visa application. I got a letter from the NVC last month saying that i fall under F1 visa. My step dad called and verify because he said that he didn't apply for that kind of visa. NVC said that they had a mistake then asked for 2 weeks to fix it. After 2 weeks my stepdad called to check then NVC said that they made a correction and a notice will be sent to us within 90 days. Can anyone please help me understand this. Does NVC really made a mistake in this case?

(note that was posted a month ago)

I am 27 (unmarried). My stepdad filed the petition for me June2007. He is an american guy. My mom and He got married year 2000. I was only 17 that time. My mom and my younger sister who is 8 years old that time entered US with a F-129 K1 visa. I didn't come with them that time because I want to finish my studies here in the philippines. After graduating college I started working and did enjoy it. Now I'm already 27 and wants to be with my family in the US. Stepdad filed a I-130 petition for me and got approved this year and he said that I'm a K2 visa coz that was he applied. Is that right? I'm wondering if I qualified for a K2 visa? i've read many articles and i found out that K2 visa is for under 21 years old.

I received a letter from NVC saying that visa is not available for my use. I fall to F1 visa category. My stepdad called NVC to verify. He said that he didn't applied for an F1 visa. Surprisingly, NVC admits that they made a mistake with my stepdad's visa application for me. NVC gave us 2 weeks so they can investigate and fix the error. Guys do you think that NVC really made a mistake? Do I really qualified for K2 visa? I'm so confused.

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Filed: AOS (pnd) Country: Ethiopia
Timeline

Hello,

I've posted my issue month ago about my petition. Below is my information and it has been posted here in VJ. I'm still confused about my petition and the visa application. I got a letter from the NVC last month saying that i fall under F1 visa. My step dad called and verify because he said that he didn't apply for that kind of visa. NVC said that they had a mistake then asked for 2 weeks to fix it. After 2 weeks my stepdad called to check then NVC said that they made a correction and a notice will be sent to us within 90 days. Can anyone please help me understand this. Does NVC really made a mistake in this case?

(note that was posted a month ago)

I am 27 (unmarried). My stepdad filed the petition for me June2007. He is an american guy. My mom and He got married year 2000. I was only 17 that time. My mom and my younger sister who is 8 years old that time entered US with a F-129 K1 visa. I didn't come with them that time because I want to finish my studies here in the philippines. After graduating college I started working and did enjoy it. Now I'm already 27 and wants to be with my family in the US. Stepdad filed a I-130 petition for me and got approved this year and he said that I'm a K2 visa coz that was he applied. Is that right? I'm wondering if I qualified for a K2 visa? i've read many articles and i found out that K2 visa is for under 21 years old.

I received a letter from NVC saying that visa is not available for my use. I fall to F1 visa category. My stepdad called NVC to verify. He said that he didn't applied for an F1 visa. Surprisingly, NVC admits that they made a mistake with my stepdad's visa application for me. NVC gave us 2 weeks so they can investigate and fix the error. Guys do you think that NVC really made a mistake? Do I really qualified for K2 visa? I'm so confused.

NVC is not a machine or a computer that never made a mistake. NVC is an office that human being are working there, so that those people working there can easily made a mistake

K-1 Time Line

Service Center:_California Service Center

Consulate: _Frankfurt, Germany

I-129F Sent: _2011-03-20

I-129F NOA1:_ 2011-03-30

I-129F NOA2:_2011-06-18

NVC Received: _2011-07-19

NVC Left:_2011-07-20

Consulate Received:_2011-07-25

Packet 3 Received: _2011-07-28

Packet 3 Sent: _2011-07-29

Packet 4 Received:_ 2011-08-09

Interview Date: _ 2011-08-24

Interview Result:_ Approved(After 3 weeks AP)

Visa Received:_2011-09-21

US Entry:_@ JFK 2011-11-16

Marriage: _2011-12-20

AOS, EAD, AP

Date Filed: _2012-02-07

NOA Date: _2012-02-13

Bio. Appt. Notice recieved_2012-02-17

Bio. Appt.:2012-03-12@ 8:00 AM in Columbus OH

Bio Done:2012-03-05 WALK IN- Columbus OH

State ID: 2012-03-05

DL Permit: 2012-03-08

AOS Transfer: 2012-03-14

AOS Touched @ USCIS: 2012-03-21

EAD/AP Approved & Card Producton: 2012-04-03

EAD/AP on Hand:2012-04-11

AOS_RFE: 2012-09-28

RFE Sent: 2012-11-09

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Filed: Timeline

Hello,

I've posted my issue month ago about my petition. Below is my information and it has been posted here in VJ. I'm still confused about my petition and the visa application. I got a letter from the NVC last month saying that i fall under F1 visa. My step dad called and verify because he said that he didn't apply for that kind of visa. NVC said that they had a mistake then asked for 2 weeks to fix it. After 2 weeks my stepdad called to check then NVC said that they made a correction and a notice will be sent to us within 90 days. Can anyone please help me understand this. Does NVC really made a mistake in this case?

(note that was posted a month ago)

I am 27 (unmarried). My stepdad filed the petition for me June2007. He is an american guy. My mom and He got married year 2000. I was only 17 that time. My mom and my younger sister who is 8 years old that time entered US with a F-129 K1 visa. I didn't come with them that time because I want to finish my studies here in the philippines. After graduating college I started working and did enjoy it. Now I'm already 27 and wants to be with my family in the US. Stepdad filed a I-130 petition for me and got approved this year and he said that I'm a K2 visa coz that was he applied. Is that right? I'm wondering if I qualified for a K2 visa? i've read many articles and i found out that K2 visa is for under 21 years old.

I received a letter from NVC saying that visa is not available for my use. I fall to F1 visa category. My stepdad called NVC to verify. He said that he didn't applied for an F1 visa. Surprisingly, NVC admits that they made a mistake with my stepdad's visa application for me. NVC gave us 2 weeks so they can investigate and fix the error. Guys do you think that NVC really made a mistake? Do I really qualified for K2 visa? I'm so confused.

The NVC did not make a mistake. Your stepdad is wrong. He did not file for any specific visa. He filed an I-130 which validates the relationship between the petitioner (him) and the beneficiary (you) that allows the beneficiary to later apply for an immigration visa. The application for an immigration visa is a separate form - it is not the I-130.

A K2 visa can ONLY be issued within one year after the K1 is issued. Your stepdad waited 7 years to petition for you, so you do not qualify for the K2 visa. In addition, the K2 visa is only good for children under age 21. You are age 27. This is a second reason you don't qualify for the K2 visa.

____________________

http://manila.usembassy.gov/wwwh3204.html

Children (unmarried and below 21 years of age) of a K-1 applicant may derive immigration benefits from the same I-129F petition and are issued “K-2” visas. Children identified in the approved I-129F petition are called “derivatives”. Derivatives may apply at the same time as the principal applicant parent or may apply later, but must be issued K-2 visas within one year from the date the K-1 visa was issued to the principal applicant parent. Derivatives who are following-to-join the principal applicant parent must apply for their K-2 visas in a timely manner to allow visa issuance within the required period.

____________________________

The NVC is correct. You belong in the F1 family preference category (US citizen petitioning for an unmarried child).

Edited by Jojo92122
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Filed: Citizen (apr) Country: Ireland
Timeline

NVC is correct, no mistake was made.

A K2 wouldn't be applied for with a I-130, and you can't get one anyway as you waited longer than one yeah after the K1 was issued. Because your mom and step dad got married before you were 18, he can apply for you as if you were his own child, thus you are in the F1 category. Currently, they are processing apps from the Philiipines from February 1996, so you have about an 11 year wait still until your priority date becomes current.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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