No contact from NVC after NOA2 receipt three months ago?

[sandra3711 52]

It's ridiculous, you could've definitely forfeited the begun K1 process if you went to the states without the K1 visa in your passport and got married. Sorry you guys had to go through that, man, some people just shouldn't be working there. Honestly, the only thing you can do is keep calling. You can try for another Tier 2, not all of them are incompetent. If you decide to call NVC, just be persistent. I think the average redialing is like 50+ to get through to them, but they more often than not will give you actual solid information on what is going in. You want to stay on top of this as it could potentially shorten your wait by quite a lot if it's in the hands of the London embassy and they just haven't reached out to you yet. All the good luck to you and your fiancée!

[Nich-Nick 3,354]

I knew it wasn't. They shouldn't be allowed to pull this ######, man. This is people's lives they're playing with. If I had taken his advice, gotten married and overstayed while those forms were processing it could have messed up the entire process. The guy has literally devastated the both of us by giving us false hope, ugh. And I'm still no closer to figuring out what happened to our stuff because every time I call the NVC I get a busy tone.

Actually people do that successfully all the time. Adjusting status from VWP vs from a K1 visa has some slight risk. If it would be denied for any reason, there is no appeal process.

So back to your topic...sometimes you get NVC better late at night.

[LoveMyTico 999]

I knew it wasn't. They shouldn't be allowed to pull this ######, man. This is people's lives they're playing with. If I had taken his advice, gotten married and overstayed while those forms were processing it could have messed up the entire process. The guy has literally devastated the both of us by giving us false hope, ugh. And I'm still no closer to figuring out what happened to our stuff because every time I call the NVC I get a busy tone.

it absolutely can be done. I know tons of people who did that. People do it all the time. But do it before she is out of status. You're technically not suppose to and you'll have to show that was not the intent but you can do that. Call a lawyer and verify.

[sandra3711 52]

You definitely do not want to risk entering on a VWP to get married and adjust your status. Entering the US on a tourist visa with the intentions of marrying a US citizen is considered visa fraud. It would be stupid to do it this far into your K1 journey, especially since they will be able to see that you have filed for a fiancée visa. If you somehow get around that, and prove that your intentions are pure and you solely visited your fiancée and on a whim decided to get married, then you might be ok. Don't know if it worth the risk!

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

Here's a good link about entering on VWP!

Edited December 8, 2014 by sandra3711

[CaptainBritish 3]

Actually people do that successfully all the time. Adjusting status from VWP vs from a K1 visa has some slight risk. If it would be denied for any reason, there is no appeal process.

So back to your topic...sometimes you get NVC better late at night.

it absolutely can be done. I know tons of people who did that. People do it all the time. But do it before she is out of status. You're technically not suppose to and you'll have to show that was not the intent but you can do that. Call a lawyer and verify.

Wait, so what would be the process for this? Just file the aforementioned forms and hope for the best? If it gets denied does my K1 application get invalidated, would doing this harm my K1 application if it does get denied? As much as I would love for this to be true and for me not to have to go back to England, it does all seem very dangerous as Sandra said.

Edited December 8, 2014 by CaptainBritish

[sandra3711 52]

Oh and also, as far as answering your question about your K1 getting denied: When applying for the K1 visa you have two meet two requirements: 1. Being able to freely marry and 2. Have met your fiancée in the last 2 years. By getting married and filing for AOS while entering on VWP, you're forfeiting the K1 visa by already being married. You could return to England and re-apply for a spouse visa (http://www.uscis.gov/i-130) if you were to get denied.

[Nich-Nick 3,354]

Wait, so what would be the process for this? Just file the aforementioned forms and hope for the best? If it gets denied does my K1 application get invalidated, would doing this harm my K1 application if it does get denied? As much as I would love for this to be true and for me not to have to go back to England, it does all seem very dangerous as Sandra said.

Did you enter the US with the intention of marrying on this trip? Or did you just decide? That is the difference.

This is what the USCIS has published on the topic http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

This is the VJ Guide http://www.visajourney.com/content/i130guide2

Edited December 8, 2014 by Nich-Nick

[CaptainBritish 3]

Sorry for the necrobump but this is still ongoing, we finally received a reply from the NVC this morning after my having tried to contact them over twenty times in the last month (each time receiving a busy tone) telling us that "We do not have a record of receiving your petition." USCIS told us nearly a month ago now that they had sent the petition and that our status on the website was just wrong. So now I'm freaking out. Our NOA2 expires on the 9th of January and I don't know what happens then seeing as the process hasn't even moved since the NOA2 was issued?

The email from the NVC told us to send them a scan of our NOA2 but given it has taken them two months to reply to this one email I am not exactly hopeful right now... I don't know what to do. Do I keep attempting to contact USCIS until someone gives me a straight answer?

[LoveMyTico 999]

Contact your congressional office and while you're at it, request an expedite

[CaptainBritish 3]

Contact your congressional office and while you're at it, request an expedite

Would you mind explaining the process to me please? It's not something my fianceé nor I have ever done, she lives in Abilene, Texas.

Edited December 29, 2014 by CaptainBritish

[LoveMyTico 999]

you can google your congressional office for your city. Then just call them and tell them you need their assistance. Explain everything you shared on here. They will ask you to sign a release. Then they can inquire for you. They will email the release, you can sign it and scan it back.

[CaptainBritish 3]

Okay, thankyou. My main concern right now though is what happens when the NOA2 expires on January 9th? It's clear that we aren't going to be anywhere near the next stage by then, so does this mean a new NOA2 needs to be issued? Does the expiration date even matter? I mean, what happens when all of this is sorted and the London embassy receives a petition long since expired?

[TheAndies 50]

Okay, thankyou. My main concern right now though is what happens when the NOA2 expires on January 9th? It's clear that we aren't going to be anywhere near the next stage by then, so does this mean a new NOA2 needs to be issued? Does the expiration date even matter? I mean, what happens when all of this is sorted and the London embassy receives a petition long since expired?

I cannot imagine what you're going through. I know you said previously you tried calling NVC 20 different times and kept getting a busy signal. That will happen, you have to keep redialing until you get through. The first time I called them, it took me about 46 tries until I actually got through to the main switchboard and then waited on hold for 90 minutes. You'll have to wait on hold for a bit - anywhere from 30 minutes to over an hour until you actually speak to a person. So hang in there and keep trying. They're open until midnight EST. Just be patient with that. And when you speak to them, explain everything and that your NOA2 approval time is almost up, by no fault of your own. Maybe even ask to speak to a supervisor there, offer to scan and email your NOA2 letter directly to them while they're on the phone. That's what I would do, at least. Good luck!!!

[YamenWaad 45]

the same almost for us

we got NOA2 on December 2nd, all the people of the same patch got their staff within 2 weeks

I think we've been left behind

[TS2014 7]

Sorry for the necrobump but this is still ongoing, we finally received a reply from the NVC this morning after my having tried to contact them over twenty times in the last month (each time receiving a busy tone) telling us that "We do not have a record of receiving your petition." USCIS told us nearly a month ago now that they had sent the petition and that our status on the website was just wrong. So now I'm freaking out. Our NOA2 expires on the 9th of January and I don't know what happens then seeing as the process hasn't even moved since the NOA2 was issued?

The email from the NVC told us to send them a scan of our NOA2 but given it has taken them two months to reply to this one email I am not exactly hopeful right now... I don't know what to do. Do I keep attempting to contact USCIS until someone gives me a straight answer?

I'd suggest calling USCIS again. We are in the same boat of case not reaching NVC months after approval. The petitioner will need to sign release of information for their senator to be able to ask about your case. I was able to get the release form from my senators website and typed up an additional letter explain my case and situation.

Hope you get an answer soon.