K-1 Journey Completed

[Sparkle Sparkle 914]

On 1/24/2013 at 8:00 AM, TBoneTX said:

Mrs. T-B. attended her oath ceremony today (23 Jan 2013) and got her Certificate of Naturalization, si man. She is a citizen now, after a 5.5-year visa journey with some giant obstacles.

The story is posted in the K-1 Case Progress forum because, if you're like I was, you don't visit many of the later-stage forums or have a firm vision of the entire visa journey just yet. Indeed, I remember a buddy in my own monthly I-129F progress thread who got the NOA2 for his petition and wrote, "Can someone please direct me to the next forum?"

Some of the following might yield some perspective on "the visa journey" and perhaps help you in your visa journey.

I joined VisaJourney in mid-2007. I was overwhelmed, nervous, and bewildered by the upcoming K-1 process and the voluminous information on the site. Many of my first questions were met with patient variations of "read the Guides!"

I sent off the I-129F petition to USCIS (the CSC) via overnight mail with green reply card. I was frantic when the card didn't come back for several days.

I checked on-line case status of the I-129F at least once daily. Except for me, everyone else in the May 2007 filers group had received their NOA2 by 6 months (the timeframe then). I made several calls to USCIS (waiting on hold sometimes for hours, listening to that maddening "hold" music). I finally reached a kindly Immigration Officer who determined that my file had been sitting on a transit station for some time. I asked him to please send an e-mail to the processing floor to ask someone to move the file to the next place it ought to go. A very few days later, I got the NOA2. On this site, I reported the foregoing method of loosening the stuck application; the message was twisted and roundly mocked by a group led by a viper who still sometimes poisons this site.

Being naive, I underestimated the consular process nearly 100% and was not on the premises during my fiancee's interview. She was kicked out after about 3 minutes, without her brought evidence having been considered, with these exact words: "More proof! Second interview! Bring your fiance!"

In subsequent correspondence, the devious consulate referred to the second interview as a "marriage interview," hiding the fact that it would be a Stokes.

The Stokes interview was not even conducted by an American, but by a Foreign Service National (a local Ecuadorian employed by the consulate). A decision was not even to be made on that day. The first interview was "not enough evidence -- go away!" and the second was "too much information -- go away!"

I got perhaps 45 minutes of sleep on the 5.5-hour return flight. Being home was worse.

After weeks of torment and of calling the State Department's visa line daily, I fought through the phone lines at the consulate by insisting on speaking with an American. After 20 minutes on hold, I ended up speaking with the Section Chief of the Immigration Visa Unit. We discussed the situation and I sent him a confirmatory e-mail. Within 72 hours, the visa was approved.  My contemporaries and I, who had all been hosed by this mismanaged consulate, remained angry for years afterward.

Mrs. T-B.-to-be wrapped up her business affairs and arrived through the Port of Entry without incident, but very ill with an upper-respiratory infection. Our first week consisted of an expensive out-of-pocket medical appointment + prescriptions toward her recovery.

We married by the third week and filed for Adjustment of Status (AOS). I mailed it overnight but without extra receipt confirmation. I checked on-line case status sporadically. The NOA arrived in timely fashion, and there was no interview.

Mrs. T-B.'s EAD and AP arrived in due time and without incident. We used the AP on a land border trip to Mexico. Upon our return, the CBP agent knew what AP was but had obviously never actually processed one. Parts of this were quite comical. However, having our marriage certificate with us was perhaps the chief element in our approval for re-entry. Little did we know that Mrs. T-B.'s green card was in the mail to us (and on schedule) during that very trip.

We later took a driving trip through south Texas. The CBP agents at the internal checkpoints most certainly would have given us huge trouble had Mrs. T-B. not had her green card with her. The experience taught us to keep it -- and our marriage certificate -- with her at all times.

We filed for Removal of Conditions (ROC) as soon as Mrs. T-B. was eligible. I had taken others' advice and, since AOS, had taken appropriate pieces of evidence and thrown them into a box. By ROC time, there was more than enough support of our merged financial & personal lives through the span of our marriage. I mailed the package first-class with delivery confirmation (yellow sticker). I never signed up for on-line case status. The NOAs were timely, and approval was timely and without interview.

About a week before we filed for ROC, Mini-Bone was born, made of genuine U.S. & Ecuadorian parts.

We filed for Naturalization (citizenship) somewhat after Mrs. T-B. became eligible. I mailed the package regular first-class mail and never even thought about signing up for on-line case status. The NOA2 was timely, the process was uneventful, and her interview was easy. The Oath Ceremony featured 2,272 new citizens from 126 countries.

Lessons learned and insights gained from this visa journey and from spending it as a member of VisaJourney:

1. It's not necessary to freak out over how to mail the petitions or how to assemble the packages. Just include what the VJ Guides recommend, plus what knowledgeable members before you recommend (for example, front-loading evidence for tough consulates).

2. Rely upon advice from the most knowledgeable, trustworthy VJ members. Chief among these for me were JimVaPhuong, pushbrk (who thankfully is still active here), and Kathryn41.  I read every post of theirs that I happened across, and I invariably learn something.  Another currently active member, geowrian, is well worth heeding.

3. The squeaky wheel truly can get the grease. If your USCIS filing is grossly out of timeline, or if you have truly been wronged at the consulate, polite phone calls might yield action. (NOTE: "Grossly out of timeline" means exactly that. It does not refer to "I want my fiance(e) here NOW, no matter what. I have no patience or circumspection about the petition process, and I don't WANT any patience or circumspection!" Read the VJ forums thoroughly to see what objective factors might be influencing the processing of petitions. As hard as it can be, avoid "ready, fire, aim" reactions during this stage.)

4. Procedures, policies, and outcomes at the Manila embassy are, chances are, unique to Manila and not automatically transferable to other consular experiences. Go atop any VJ page and click "Embassy Info" and "Reviews: Embassy." Read the reviews for YOUR consulate, attending particularly to the WORST stories. Prepare accordingly. Also pay attention to general cautions offered by experienced members who did not deal with your consulate. Take offerings of "No worries -- you will be fine!" with a large grain of salt -- yes, the interview might turn out fine, but no one can assure you of this in advance.

5. Never EVER underestimate the consular phase of the process! The consular officers have 100% power over the continuation of your visa journey. Treating the consular phase casually can be like loading a revolver with 5 bullets, spinning the cylinder, and putting the gun to your temple and pulling the trigger. Bear in mind that a previously "easy" consulate's policies and procedures can change without notice if a new Section Chief is transferred in. Expect the best outcome, sure, but prepare for the worst conceivable.

6. We never got an RFE. However, an RFE is a golden opportunity to provide not just what USCIS requests to satisfy the RFE, but also to add additional evidence of bona fide relationship for the consular officer's eyes, later. Everything that you submit to USCIS goes to the consulate after the petition is approved. Front-loading (or, later, "loading along with an RFE") ensures that key information that you want the consul to see is there before the beneficiary's interview at a tough consulate.

7. There is never a disadvantage to a petitioner's being on the consular premises while the beneficiary is being interviewed. In fact, the advantages are many and distinct. Emotional support for the beneficiary is the minimum. If you the petitioner are on the premises or within range, the consul can call you in to ask questions.  Your ability to provide answers "on the scene" can ward off the issuance of a 221(g) and prevent a return trip to the consulate.

8. As outrageous as this may sound (and as outrageous as it would have sounded to me during the I-129F wait), it indeed can be a relief to return to dealing with USCIS after having dealt with a consulate. Nevertheless, to this day, if I'm on hold on a business call and the music is the same as USCIS's "hold" music, my heart begins pounding faster.

9. Like me, you'll start with close friends who post regularly and support you in public and private. Sadly, many will fall away from VJ along the way. Some of my earliest friends who are no longer around are:
StillThePrettiest - last log-in, 6 Aug 2010;
Toshtishtash - 7 Oct 2011;
Jeraly - 23 Aug 2012;
DanielParul (of incomparable support during my consulate torment) - 15 June 2010.

10. As I wrote to Captain Ewok privately tonight, I could not have negotiated this visa journey -- either procedurally or emotionally -- without the help of this site and the good people on it.

I hope that the foregoing will confer some helpful circumspection at this early stage of your visa journey, si man.

Truely heart felt congratulations... I do wish some people never leave VJ... Their is just so much wealth of information here. That's why I went bisirk when I was falsely accused and banned for having double profile... Thank God it was resolved amicably 

Edited May 1, 2020 by Sparkle Sparkle

[TBoneTX 45,090]

Bump (for cause).