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MBMRes

6-Month Delay For IMBRA Conviction?

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Filed: Timeline

My fiance tried to submit packet 3 for her K1 visa and she was given a message saying that her forms cannot be processed because our application has been sent to USCIS for clarification of IMBRA record. I called USCIS today and I was told that this would take an additional 6 months to process. This seems entirely unfair to me, I fully explained the event (Stalking 3rd degree while in college, took an Alford plea) and attached the court record (which was minimal but it is all they have available).

The USCIS supervisor sounded like they will not even look at this for a minimum of 6 months.

Is this common?

This is going to create a tremendous financial hardship for us because I have to maintain her apartment and living expenses for at least 6 more months. I just bought a house, and really cannot afford this now. This says nothing about the emotional difficulties this will create, as we have already gone a year without seeing each other. I am not sure how much longer we can keep this up.

An additional 6-month wait seems completely unfair to me, especially since I have disclosed this already and the crime is not part of the Adam Walsh Act. I was told a stalking conviction would not prevent my fiance from getting her visa.

So, my main questions:

Is this 6-month wait something that is typically seen?

Is there any way around this 6-month wait?

We were already approved by USCIS and NVC, and now we are given this terrible news.

Edited by MBMRes
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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from K-1 Process forum to the IMBRA subforum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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