November 2014 Filers (I-130 Petition) IR1 / CR1 Spouse Visa Process

[Kels2487 96]

27 days since NVC received. Called today and still nothing.

Day 33 and nothing also. Called last night but I am still hopeful by Friday. Please please please.

[Kels2487 96]

Hello everyone,

I'm a USC living abroad with my foreign spouse. I filed the i-130 via the Chicago lockbox and received an email on 10/25 saying that USCIS had accepted my case. NOA1 arrived by mail a few days later. The case was sent to the California Service Center.

I haven't heard anything from USCIS since then, and checking the status online shows that the case hasn't been touched since 10/27. I know that we're right now at just about 3 months, so still quite a bit of time shy of the 5 month expectations they list, but it seems that this amount of time is unusual in my circumstance (USC living abroad, case sent to CSC).

I'm worried about whether this is in fact abnormal, and if I should do anything? I don't know if making an expedite request makes sense, I guess I could claim financial hardship since it is indeed difficult on us financially not having any idea how fast the GC timeline will progress, and trying to line up employment in the US in accordance with that.

I'm worried maybe I didn't send enough proof of relationship, and if it means we will get an RFE. Since then I've realized further proof I could have given, should I try to contact the service center and preemptively give more evidence, or is that just going to make the delay worse?

Any advice or thoughts on the situation (even if it's just "chill out and wait!") is very much appreciated! Thanks.

I don't think that the USC living abroad with foreign spouse expedites happen for EVERY case, so I wouldn't panic just because of that! If you are over the allocated time that most people are experiencing at CSC then I would def call but I don't think they are going to be able to answer much about your case until they review it. In which case you will hear approve or RFE.

I don't think an expedite request will make sense in this situation. As almost all of us face that type of financial hardship in this immigration process. I would call just to ease your worries a little!

Good luck

[cherryL 1]

Yeah RKD, I wouldn't be worried, seems like the documents you sent are ok.. If not you'll know soon. Like the others said, you can call then just to make sure all is fine. Good luck on the waiting... it can be frustrating..

@Kels... fingers are crossed !

[RKD314 2]

Ok, I called just for peace of mind, and I think that "How to talk to USCIS and get any kind of information" is a topic unto itself. Basically I was read verbatim their website. Useless.

I did ask the representative if there was any way to make our case go faster, and I happened to use the phrase "expedite the process", not realizing that this would be interpreted as a desire to make an official expedite request. I was asked questions and after a couple of the questions realized that this was the way that the rep had understood me. I get nervous speaking on the phone, so it took a little while for me to get what had happened. By the time I realized it I just decided to go with it. I guess the worst that happens is that they don't think my situation merits the case being expedited.

I kind of wish now I hadn't called, they refuse to talk to you like a person, it may as well be a recorded message, they stick completely to a script and do not deviate from it! If anyone has had better luck than I in talking to USCIS, I'd love to know your tricks.

[cherryL 1]

let us know how it goes!

[RKD314 2]

Ok, I have an email now from USCIS. I don't understand exactly what it means:

U.S. Department of Homeland Security
CALIFORNIA SERVICE CENTER
24000 AVILA ROAD
LAGUNA NIGUEL,CA 92677

U.S. Citizenship and Immigration Services
Wednesday, January 14, 2015

Emailed to me@myaddress

Dear RKD314:

On 01/14/2015 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:
-- Applicant or Petitioner

Attorney Name:
-- Information not available

Case type:
-- I130

Filing date:
-- 10/22/2014

Receipt #:
-- WAC-XYZ

Referral ID:
ABCDEFG
Beneficiary (if you filed for someone else):
-- Information not available

Your USCIS Account Number (A-number):
-- Information not available

Type of service requested:
-- Expedite


The status of this service request is:

On January 14, 2015, you or your representative contacted USCIS concerning your Form I-130 to notify us that you were requesting an expedited review of your case. Below is a summary of what we found and how the issue has been or may be resolved.

Your petition has been approved. You should receive an approval notice within 30 days of this correspondence.

We hope this information is helpful to you.

So, I do not know if that means that they've decided to expedite the case, or, if it just means that they decided to approve the i-130? It seems to me that our case is pretty straightforward, so maybe once an officer actually looked at it, they decided that approval was easier than dealing with an expedite?

Either way, I think that this mistake actually worked out in our favor. Relieved as I was worried that I had just made everything worse.

[Karn 4]

What was the reason that you gave to expedite?

[RKD314 2]

Hi Karn, maybe it will be helpful to others if I post a transcript of how this part of the conversation went.

Rep: Do you have any further questions about your case?

Me: Yes. It’s been now almost 3 months since my priority date, and it just seems that this amount of time is uncharacteristic for this service center, so I just want to know, is there some reason for that? Am I missing some parts of the application, or is there some further action expected on my end before things can proceed?

Rep: So you believe that your case is outside the normal processing time?

Me: I know that it’s not outside the normal processing times you advertise, but I know of many people whose cases were approved very quickly, and I want to understand what the difference is, whether there is something wrong with my case, since my case seems to be taking longer.

Rep: So you believe that your case is outside the normal processing time?

Me: (It really sinks in that it is not going to be straightforward talking with these people.) I guess, yes.

Rep: Ok. The normal processing time for the service center to which your case was assigned is 5 months, which has not yet passed. Please allow that time to pass. Do you have any further questions about your case?

Me: Yes. Is there anything more that I should do? I mean, is there anything that I need to send? Is there any way to expedite the process? (Here I used “expedite” to mean, “to make go faster”, i.e. I used it as a regular word in the English language and not as a USCIS term.)

Rep: So you would like to expedite your case?

Me: Yes?

Rep: Ok. USCIS can expedite cases for the following reasons…(read the reasons verbatim from the site). Which of these applies to your situation?

Me: Well, I guess that the only one that sort of applies is financial loss to an individual.

Rep: Ok. (Here I don’t remember everything but the gist is:) Please note that the burden of proof is on you. You must prove that you meet the criteria for expediting a case. Do you understand?

Me: Yes? (Realizing now that I’ve made a formal expedite request.)

Rep: (Basically saying that USCIS will contact me with a request for evidence that my case should be expedited.) To confirm, you believe that your case meets the USCIS criteria for being expedited?

Me: Well, it will be very bad for my personal financial situation if I am not able to relocate myself and my family to the USA as soon as possible. But I do not know if that qualifies as meeting your criteria.

Rep: (Basically repeats that they will send by mail a request for evidence.) Do you have any further questions about your case?

Me: No. Thank you. Good bye.

About ten minutes later I received the email I posted, and checking my case online showed the expedite request in the case history. However, the status is still “Case Received”. So I don’t really know what’s happened here.

They did not contact me with any request for evidence yet. The only thing I've received is the mail I've posted.

[susan. 11]

Oh, that's interesting. We have the same exact situation and are also at CSC, priority date Oct 14. We have debated making a service request due to CSC now approving December cases, and this definately confirms we should. We should also have a pretty straightforward case, living abroad and married for over 7 years now, with kids.

[Frips 166]

Hmmm from the email it seems that your i130 petition is approved.

[Karn 4]

RKD314, Thank you so much for taking the pain to write this. I am very happy that it worked for you. Good luck in the process ahead.

Hi Karn, maybe it will be helpful to others if I post a transcript of how this part of the conversation went.

Rep: Do you have any further questions about your case?

Me: Yes. It’s been now almost 3 months since my priority date, and it just seems that this amount of time is uncharacteristic for this service center, so I just want to know, is there some reason for that? Am I missing some parts of the application, or is there some further action expected on my end before things can proceed?

Rep: So you believe that your case is outside the normal processing time?

Me: I know that it’s not outside the normal processing times you advertise, but I know of many people whose cases were approved very quickly, and I want to understand what the difference is, whether there is something wrong with my case, since my case seems to be taking longer.

Rep: So you believe that your case is outside the normal processing time?

Me: (It really sinks in that it is not going to be straightforward talking with these people.) I guess, yes.

Rep: Ok. The normal processing time for the service center to which your case was assigned is 5 months, which has not yet passed. Please allow that time to pass. Do you have any further questions about your case?

Me: Yes. Is there anything more that I should do? I mean, is there anything that I need to send? Is there any way to expedite the process? (Here I used “expedite” to mean, “to make go faster”, i.e. I used it as a regular word in the English language and not as a USCIS term.)

Rep: So you would like to expedite your case?

Me: Yes?

Rep: Ok. USCIS can expedite cases for the following reasons…(read the reasons verbatim from the site). Which of these applies to your situation?

Me: Well, I guess that the only one that sort of applies is financial loss to an individual.

Rep: Ok. (Here I don’t remember everything but the gist is:) Please note that the burden of proof is on you. You must prove that you meet the criteria for expediting a case. Do you understand?

Me: Yes? (Realizing now that I’ve made a formal expedite request.)

Rep: (Basically saying that USCIS will contact me with a request for evidence that my case should be expedited.) To confirm, you believe that your case meets the USCIS criteria for being expedited?

Me: Well, it will be very bad for my personal financial situation if I am not able to relocate myself and my family to the USA as soon as possible. But I do not know if that qualifies as meeting your criteria.

Rep: (Basically repeats that they will send by mail a request for evidence.) Do you have any further questions about your case?

Me: No. Thank you. Good bye.

About ten minutes later I received the email I posted, and checking my case online showed the expedite request in the case history. However, the status is still “Case Received”. So I don’t really know what’s happened here.

They did not contact me with any request for evidence yet. The only thing I've received is the mail I've posted.

[RKD314 2]

I checked online again (and received an email), and indeed it was approved! So now we wait to receive the official NOA2 notice in the mail. I guess it can be a few weeks before a case number is obtained from the NVC. I want to try calling the NVC in a week to see if they received the case from USCIS, whether the NOA2 is here by then or not. Is there a new case number on the NOA2, or is it the same as the one listed on the NOA1? When one calls the NVC to see if they've received the case, what's the right reference number to give them?

[Frips 166]

Number is the same! They will first ask you for your case#. Tell them WAC# ( or what it is) And ask them if they have already recived your case. If they recived the case ask for case and IIN #.

Congratulations:)

Edited January 15, 2015 by Frips

[Kels2487 96]

My case # was assigned tonight on day 34 since NVC received. Good luck to all of those still waiting, my prayers are with you!

[Brewlin 52]

Finally received the NOA2 letter in the snail- mail. Sure takes a long time to mail between our countries. Anyway, we're taking it easy, not calling, will just wait patiently for the NVC letter, haven't collected any paperwork. Will send a form to request my last Alien vaccination records (since I'm doing this for the second time). We aren't looking at moving until at the earliest the coming autumn (if biz sells then). I feel sorry for you who are apart from your spouse. Speedy process to y'all.