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How to prove that NVC messed up?

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Hi guys,

So, I have been thinking about my whole process and I feel that I am in this whole mess of waiting because NVC messed up. Here it goes, I filed I-130 petition when I was a LPR. That was last November, and I became a USC shortly after that. I sent a letter early in March to NVC to upgrade my petition (which they claimed that they never received) and they never upgraded it. Like around May, I get an email from NVC telling me about no visas being available at this moment because of my "current" category (which still was LPR). I sent the letter through certify mail so I know that they received it, I guess it was just "lost in translation" to put it in a nice way, when I really want to say is that whoever got it , didn't care enough to forward it. Should I call and tell them about the mistakes that they made and that I have proof or should I just patiently keep waiting? Any suggestions will be greatly appreciate it ?.

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

did you email them or call them to upgrade the petition?

you can email them with a copy of your Naturalization Certificate and a letter with the case number, and call them as well to let them know you sent it

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hi

did you email them or call them to upgrade the petition?

you can email them with a copy of your Naturalization Certificate and a letter with the case number, and call them as well to let them know you sent it

Hi, that is already taken care of. I re-sent the letter and they got it. The problem is that because of their mistake, they set me back months. And to top it all, when it was finally moving along, I hit that 60 days wall. So, my case is not looking like is going to be done before the end of the year thanks to them. I have the proof that I sent the first upgrading letter back in early March. My dilemma is; should I use that proof as a weapon so they can move it a little faster or should I just leave it alone?

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Filed: Lift. Cond. (apr) Country: China
Timeline

It sounds like you have grounds to request an expedite based on their error (not changing your petition category from LPR to US Citizen after you informed them). You have nothing to lose by making such a request.

You have the evidence that the letter was received despite their claim, only you can decide if you want to make the expedite request and submit the evidence along with the request.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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It sounds like you have grounds to request an expedite based on their error (not changing your petition category from LPR to US Citizen after you informed them). You have nothing to lose by making such a request.

You have the evidence that the letter was received despite their claim, only you can decide if you want to make the expedite request and submit the evidence along with the request.

Thanks for your answer. Now, I will write a letter, I will send a copy of ORIGINAL one that I sent back on March, and include a copy of the certify receipt that I got from the post office. Is that enough? I will call them later nd inquiere about it.

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Request expedite due to error. Dominican embassy is very fair with issuing expedites. Good Luck and keep us posted.

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Thanks for your answer. Now, I will write a letter, I will send a copy of ORIGINAL one that I sent back on March, and include a copy of the certify receipt that I got from the post office. Is that enough? I will call them later nd inquiere about it.

I believe you can just call to begin the process to request the Expedite. They will then ask for or tell you how submit your proof... I think you will need to speak with a tier 2 rep. It does sound like you have really solid grounds for the expedite and approval.

Good luck!! I am sure you will get it!! Keep strong and stay on them...

Edited by Enigma23

~ Jan ??,2013 ~ Service Center ~ Vermont I-129F Packet sent

NOTE: Actual sent date unknown due to lawyer negligence - I delivered ALLForms and PAID Lawyer on Nov 7, 2012 - Lawyer kept saying he sent the packet and USCIS must have lost it. When in reality he failed to send the package and only a new copy to USCIS after I made a legal written demand giving him 10 days to perform or return ALL monies paid to him, due to "non-performance".

(IMO it's better to save your money for visits to or from your Fiancé and just fill it out yourself using the K-1 Guide on VJ and Senior Members... They Rock!!!)

 

Jan 11, 2013 ~ I-129F Packet Rec'd by USCIS aka NOA 1

Feb 13, 2013 ~ Alien Number Changed/Assigned

May 24, 2013 ~ Case Transferred from Vermont to Texas Service Center (3 E~Notices May 24, 25 and 29 Only one via U.S. Mail)

July 2, 2013 ~ RFE Notification Email and Text Rec'd

July 8, 2013 ~ RFE Hardcopy Rec'd (Requesting Signed/Original "Intent to Marry within 90 days of Arrival" letter from both parties.)

Fiance Letter of Intent template can be downloaded here: http://www.visajourney.com/examples/Fiance_Letter_of_Intent.doc

July 11, 2013 ~ Requested Evidence sent via Priority Mail to TSC

July 13, 2013 ~ USPS Notification ~ Package Delivered (a Saturday)

July 15, 2013 ~ RFE Response Rec'd by USCIS

July 18, 2013 ~ NOA2 - Petition Approved ~ No Text ~ No Email ~ Just showed up in the mail on July 22nd

Aug 6, 2013 ~ Sent to NVC

Aug 8, 2013 ~ Rec'd at NVC & Embassy specific Case Number Assigned (Call Visa Specialist at 202-485-7600 (Press 1 then 0)

Aug 12, 2013 ~ "In Transit" Status DOS Site ~ Sent Electronically Check Here: https://ceac.state.gov/CEACStatTracker/Status.aspx?

Aug 14, 2013 ~ "Ready" Status on DOS site (meaning Rec'd by Consulate/Embassy)
Sep 3, 2013 ~ Interview Date rec'd (for 2+ months later) by (Call Visa Specialist at 202-485-7600 (Press 1 then 0)
Sep 21, 2013 ~ Packet 4 Hardcopy rec'd via US Mail - Fiancee didn't receive his had to pick up a reprint at Embassy.
Nov 7, 2013 ~ Interview Date - Visa Approved!!!!
 

What to Do After Receiving NOA2 - Dominican Style!

http://www.visajourney.com/wiki/index.php/Dominican_Republic:_After_Receiving_the_NOA2

 

 

AOS Timeline

 
Sept 17, 2014 - NOA 1 for Adjustment of Status
         Oct. 13 - Job Offer received
         Oct. 14 - EAD Expedite requested
         Oct. 16 - Biometrics Taken
         Oct. 17 - Evidence/Offer letter sent
         Oct. 22 - Expedite Approved - Status changed to Card Production
         Oct. 28 - Card Mailed w/Tracking number
         Oct. 30 - EAD/AP Combo Card Rec'd!!! - Our Thanks to God!! Gracias a Dios!
 
Feb 24, 2015 - Received Notice of Potential Interview Waiver dated Feb 18,2015. - Trusting God for a super fast GC Approval!
 
June 3, 2015 - Put in a Service Request regarding EAD upcoming expiration/potential renewal.
 
June 6, 2015 - Rec'd letter stating our case was being transferred to Los Angeles Field office.
 
June 15, 2015 - AOS Approved!! No text - No email - Online Case Status still on Fingerprint Fee Rec'd
June 19, 2015 - Received "Welcome Letter" via U.S Mail <3 Gracias a Papa Dios!!!! Thank you, God!!
June 22, 2015 - Email and Text update that Cond. Perm. Res. Card had been picked up by USPS
 
June 23, 2015 - Conditional Permanent Residence Card Delivered by USPS Priority Mail - Can't wait to see Hubby's face when he checks the mailbox!!
 
 
Removal of Conditions on Status
 
March 23, 2017- Packet Overnighted Packet
March 24, 2017- Packet Delivered to USCIS
 

………..•*¨`*•. .•*¨`*•………….
Make it a great day…
Be a Blessing to someone!!!!

****
•*¨`*•. (¯`v´¯) (¯`v´¯) .•*¨`*•****
. . . ♥
•*¨`*•.¸(¯`v´¯)¸.•´*¨`*•♥ . . .
***
•*¨`*•. ….♥ •.¸.•´♥… .•*¨`*•***
………..•*¨`*•. .•*¨`*•………….
      
      
    
  

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Filed: Lift. Cond. (apr) Country: China
Timeline

I believe you can just call to begin the process to request the Expedite. They will then ask for or tell you how submit your proof... I think you will need to speak with a tier 2 rep. It does sound like you have really solid grounds for the expedite and approval.

Good luck!! I am sure you will get it!! Keep strong and stay on them...

Tier 2 rep doesn't apply at the NVC. The OP can speak to an operator to place the request, if they get nowhere with the operator, they can speak to a supervisor.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Tier 2 rep doesn't apply at the NVC. The OP can speak to an operator to place the request, if they get nowhere with the operator, they can speak to a supervisor.

Ahhh excellent!! Thank you for clarifying that! I just knew I had seen several cases call in for the Expedite... :-)

Glad you were able to give the right path...

~ Jan ??,2013 ~ Service Center ~ Vermont I-129F Packet sent

NOTE: Actual sent date unknown due to lawyer negligence - I delivered ALLForms and PAID Lawyer on Nov 7, 2012 - Lawyer kept saying he sent the packet and USCIS must have lost it. When in reality he failed to send the package and only a new copy to USCIS after I made a legal written demand giving him 10 days to perform or return ALL monies paid to him, due to "non-performance".

(IMO it's better to save your money for visits to or from your Fiancé and just fill it out yourself using the K-1 Guide on VJ and Senior Members... They Rock!!!)

 

Jan 11, 2013 ~ I-129F Packet Rec'd by USCIS aka NOA 1

Feb 13, 2013 ~ Alien Number Changed/Assigned

May 24, 2013 ~ Case Transferred from Vermont to Texas Service Center (3 E~Notices May 24, 25 and 29 Only one via U.S. Mail)

July 2, 2013 ~ RFE Notification Email and Text Rec'd

July 8, 2013 ~ RFE Hardcopy Rec'd (Requesting Signed/Original "Intent to Marry within 90 days of Arrival" letter from both parties.)

Fiance Letter of Intent template can be downloaded here: http://www.visajourney.com/examples/Fiance_Letter_of_Intent.doc

July 11, 2013 ~ Requested Evidence sent via Priority Mail to TSC

July 13, 2013 ~ USPS Notification ~ Package Delivered (a Saturday)

July 15, 2013 ~ RFE Response Rec'd by USCIS

July 18, 2013 ~ NOA2 - Petition Approved ~ No Text ~ No Email ~ Just showed up in the mail on July 22nd

Aug 6, 2013 ~ Sent to NVC

Aug 8, 2013 ~ Rec'd at NVC & Embassy specific Case Number Assigned (Call Visa Specialist at 202-485-7600 (Press 1 then 0)

Aug 12, 2013 ~ "In Transit" Status DOS Site ~ Sent Electronically Check Here: https://ceac.state.gov/CEACStatTracker/Status.aspx?

Aug 14, 2013 ~ "Ready" Status on DOS site (meaning Rec'd by Consulate/Embassy)
Sep 3, 2013 ~ Interview Date rec'd (for 2+ months later) by (Call Visa Specialist at 202-485-7600 (Press 1 then 0)
Sep 21, 2013 ~ Packet 4 Hardcopy rec'd via US Mail - Fiancee didn't receive his had to pick up a reprint at Embassy.
Nov 7, 2013 ~ Interview Date - Visa Approved!!!!
 

What to Do After Receiving NOA2 - Dominican Style!

http://www.visajourney.com/wiki/index.php/Dominican_Republic:_After_Receiving_the_NOA2

 

 

AOS Timeline

 
Sept 17, 2014 - NOA 1 for Adjustment of Status
         Oct. 13 - Job Offer received
         Oct. 14 - EAD Expedite requested
         Oct. 16 - Biometrics Taken
         Oct. 17 - Evidence/Offer letter sent
         Oct. 22 - Expedite Approved - Status changed to Card Production
         Oct. 28 - Card Mailed w/Tracking number
         Oct. 30 - EAD/AP Combo Card Rec'd!!! - Our Thanks to God!! Gracias a Dios!
 
Feb 24, 2015 - Received Notice of Potential Interview Waiver dated Feb 18,2015. - Trusting God for a super fast GC Approval!
 
June 3, 2015 - Put in a Service Request regarding EAD upcoming expiration/potential renewal.
 
June 6, 2015 - Rec'd letter stating our case was being transferred to Los Angeles Field office.
 
June 15, 2015 - AOS Approved!! No text - No email - Online Case Status still on Fingerprint Fee Rec'd
June 19, 2015 - Received "Welcome Letter" via U.S Mail <3 Gracias a Papa Dios!!!! Thank you, God!!
June 22, 2015 - Email and Text update that Cond. Perm. Res. Card had been picked up by USPS
 
June 23, 2015 - Conditional Permanent Residence Card Delivered by USPS Priority Mail - Can't wait to see Hubby's face when he checks the mailbox!!
 
 
Removal of Conditions on Status
 
March 23, 2017- Packet Overnighted Packet
March 24, 2017- Packet Delivered to USCIS
 

………..•*¨`*•. .•*¨`*•………….
Make it a great day…
Be a Blessing to someone!!!!

****
•*¨`*•. (¯`v´¯) (¯`v´¯) .•*¨`*•****
. . . ♥
•*¨`*•.¸(¯`v´¯)¸.•´*¨`*•♥ . . .
***
•*¨`*•. ….♥ •.¸.•´♥… .•*¨`*•***
………..•*¨`*•. .•*¨`*•………….
      
      
    
  

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