What happens when USCIS losses your documents

[Alko 6]

If I-130 gets approved and petition documents get lost while being transfer to NVC, what happens?

If petitioner must re-submit their I-130 petition, where does the process start, all over from beginning (wait another 6+ months for another approval?) or process is different in this situation?

Any kind of information would be helpful?

[Harpa Timsah 13,258]

Documents don't usually get lost. Why are you asking?

[Alko 6]

Because my petition got approved and was supposedly sent to NVC. And now after almost 3 months NVC still claims that they did not received it, and uscis is telling me they sent it and that I need to wait, as it takes 90 days sometimes (they usual bs).

It looks to me that my documents somehow got lost in transit.

So what happens if thats the case?

[Dave&Roza 748]

Because my petition got approved and was supposedly sent to NVC. And now after almost 3 months NVC still claims that they did not received it, and uscis is telling me they sent it and that I need to wait, as it takes 90 days sometimes (they usual bs).

It looks to me that my documents somehow got lost in transit.

So what happens if thats the case?

It might be time to get some others involved. Make an INFOpass appointment with the USCIS. Try to get ahold of a higher up at the NVC. Contact your congresscritters. If the file is lost, you make a copy of the copy you have and sent it in when they ask for it. You might try with seeing if you can get the USCIS to confirm they sent it and that it did not fall behind a desk somewhere. The see if the NVC actually received it and it is not behind a desk there. Once it is determine to be found or lost, you can get back in line and begin waiting again, but you really need to bug them until this is resolved. Become a PITA and just tell them that 90 days is not a reasonable time frame--how would they like to have their lives put on hold for 3 to 4 months because of a lost file?!!

Good luck,

Dave

[Alko 6]

It might be time to get some others involved. Make an INFOpass appointment with the USCIS. Try to get ahold of a higher up at the NVC. Contact your congresscritters. If the file is lost, you make a copy of the copy you have and sent it in when they ask for it. You might try with seeing if you can get the USCIS to confirm they sent it and that it did not fall behind a desk somewhere. The see if the NVC actually received it and it is not behind a desk there. Once it is determine to be found or lost, you can get back in line and begin waiting again, but you really need to bug them until this is resolved. Become a PITA and just tell them that 90 days is not a reasonable time frame--how would they like to have their lives put on hold for 3 to 4 months because of a lost file?!!

Good luck,

Dave

Few uscis tier 2 officers confirmed that my case was approved on March 19 and it was sent on March 25 to NVC. I also got service request response for CSC claiming the same. NVC initially did told me that they received my case on April 2. Three weeks after that, when I called they kept telling me that they don't have my case. They told me to sent my NOA2 to nvcresearch and wait for response. I continue to call, and when I explain that initially I was told that case was received and now they dont have it, operator would "check something " and come back telling me that my case was sent back to uscis on April 28. They don't know why is sent back, it is just simply sent back and I need to call uscis to find out why. I call usics with this explanation, but they have no clue about it, and they said that they did not receive anything back from NVC.

Meanwhile I got response from nvc telling me that they have no record of receiving my case, and they will contact uscis about it. Nothing is being mentioned that my case was once there and that is sent back to uscis.

I contacted my congressman and both senators. Here is what I got from one of them:

from uscis:

The CSC is making a diligent effort in determining the location of the subject petition. Our records show that the petition was transferred to the NVC on March 25. We are aware that NVC claims they have not received the petition. Therefore, we are making every effort to locate the file. In the event the file cannot be located, the constituent will have to submit a reconstructed I-130 petition (no fee) with all supporting documentation. Before we request the constituent submit a reconstructed I-130 additional time will be required to possibly locate the subject petition.

from NVC:

We have searched our files using the beneficiary's and petitioner's names and uscis receipt number provided in your correspondence and found no record at the NVC of an approved petition filed by ......... on behalf of .......... However the attached I-797 indicated that this petition was approved on March 19 and forwarded to the NVC. Therefore, the NVC is researching the current location and status of the petition. When this review is completed you will be notified with further information.

So, if this rely happens that I have to resend my I-130, where does that puts me? At the beginning where I have to wait for another re approval for 6+ months at least?

[Harpa Timsah 13,258]

It is time to get your congressperson involved and contact the ombudsman for more help. I thin it will be faster to make them find it then to do a new petition. I am not sure you can do a new petition, in fact, because I-130 petitions don't expire.

If you could do a new petition, you could get expedited for USCIS error.

But, before all that, get some help to get them to find the petition.

Contact your congressperson, and contact the USCIS ombudsman.

Good luck.

[Alko 6]

Well I wasn't thinking to be a new petition, but rather them admitting they lost my case and telling me to re-send my I-130 documents. I'm hoping, if I have to do this, it will not put me back to the beginning.

I contacted congressman and both senators, and also sent email to ombudsman.