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smarty18 Rookie

smarty18   0

Posted
Filed: K-3 Visa Country: Australia
 Timeline
Posted

I received the email below from the USCIS after I called to expedite my case. Can someone tell me what to expect next? Are the going to deny it? Why couldn't they resolve at the center before forwarding to the BIA? I am a bit worried :(

So in a gist, in November 2014 I filed an I-130. Sometime in January they asked me for some information I couldn't send to them because I had left the country after the outbreak of the war in Yemen. Anyway, I sent them what I had and in April they denied my case. In June 2015 I appealed using the EOIR-29 and was able by that time to have a family member still in the country forward me the document the USCIS had originally requested, which I sent them with my appeal. It was now November and I hadn't heard anything and I am currently studying in Australia with my husband on a student visa which will expire in 3 months time. I contacted the USCIS a few days ago to expedite my case so that my husband can come with me to the USA with me. I filed under "humanitarian reasons" since there is a war in Yemen and it is unsafe for my husband to return especially since his family has lost their home to an air strike and now live in a refugee camp. I just don't understand why they are doing this to me and should I not have appealed and just re-applied. Also, what is the BIA office and what do they do?

"On 11/13/2015, you or your representative contacted USCIS concerning your FORM EOIR-29 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.

Thank you for your inquiry. Your appeal was forwarded to the Board of Immigration Appeals (BIA) on 11/16/2015. We are unable to assist you on the status of the appeal review. You should receive a relocation notice within 14 days.

Please allow 30 days from the relocation date for the process to take place prior contact the BIA at 1-800-898-7180."

Boiler Grand Master

Boiler   45,897

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Where does Slovakia come into this?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,897

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

An expedite sounds unlikely and I can not work out what it was that you did not do.

Do you have a Lawyer?


Ohh and I am assuming neither of you are Australians?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

smarty18 Rookie

smarty18   0

Posted
Filed: K-3 Visa Country: Australia
 Timeline
  • Author
Posted

An expedite sounds unlikely and I can not work out what it was that you did not do.

Do you have a Lawyer?

Ohh and I am assuming neither of you are Australians?

No, I don't have a lawyer ( I can't afford one). I have received a phone consultation from a lawyer that said I should've never appealed and just reapplied for an I-130 since I had my documents all straightened out. Neither of us are Australian residents; I am just studying.

Boiler Grand Master

Boiler   45,897

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I assume the Lawyer knew more about what happened than you shared here but that was my though based on what you had posted, file again.

K3 is effectively dead, CR1/IR1 would be the way to go.

Sounds like the flag should be Yemen.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

kattaklizm Explorer

kattaklizm   11

Posted
Filed: Lift. Cond. (pnd) Country: Russia
 Timeline
Posted

I might be wrong but as far as I know everything that involves EOIR goes under BIA jurisdiction. Everything that is being appealed goes there and then immigration judge decides.

K-1 Visa Timeline!
Service Center : California Service Center
Consulate : Guanzhou, China

 


I-129F Sent : 2015-01-14 I-129F NOA1 : 2015-01-16                     California SC received: 2015-01-21
I-129F NOA1 hardcopy: 2015-01-27 I-129F NOA2 : 2015-02-06   I-129F NOA2 hardcopy: 2015-02-18
NVC received: 2015-02-18 Consulate Received : 2015-02-27
Fiance received the hard mail from NVC with a new assinged number: 2015-3-3
received instructions (pkt 3): 2015-3-5 (hard mail)          paid visa fee: 2015-3-12
received appointment letter (pkt 4): 2015-3-12 (email)    Medical: 2015-04-03 Picked medical up: 2015-04-10
Interview Date : 2015-4-14 Interview Result :Approved   Visa Received : 2015-4-24
US Entry : 2015-5-19
Marriage : 2015-6-27

 
 

AOS:

Spoiler

filed for AOS: 2015-7-16 delivered to Chicago Lockbox: 2015-7-20

Electronic NOA1: 2015-7-23 Hard copies NOA1: 2015-7-28

Biometrics appointment letter: 2015-8-1 Biometrics appointment: 2015-8-12

RFE :( 2015-8-19 RFE hard copy: 2015-8-22

Finally sent RFE back:: 2015-10-02 RFE was delivered: 2015-10-05

USCIS updated status on "request for evidence was received": 2015-10-07

Combo card is being produced: 2015-10-26 (exactly three weeks after submitting RFE)

Case status update; card was mailed: 2015-10-28 Received EAD approval letter: 2015-10-29

Combo card received: 2015-11-2 Interview scheduled: 2015-12-21 (APPROVED :dancing: )

Green card received: 2015-12-21

N-400.319(b)

Spoiler

October 17, 2016 - case filed 

October 25, 2016 - NOA1

December 19, 2016 - Biometrics at GUZ field Office 

December 2, 2017 - Inquiry about the case being outside the processing time norms

January 2, 2018 - notification regarding the inquiry being outside processing time norms, the case has not assigned yet 

February 23, 2018 - scheduled for the Interview 

March 21, 2018 -  a response was sent to my inquiry about why your case is taking longer than our processing time

April 4, 2018 - Interview 

April 12, 2019 - in line for the Oath Ceremony

 

ROC

Spoiler

October 28, 2017 - filed I-751 case

November 6, 2017 - NOA1

November 20, 2017 - biometric at GUZ field office 

March 4, 2018 - status change: Your case was received by your local office 

 

 

Boiler Grand Master

Boiler   45,897

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I have a friend who is an IJ, they are backed up to the wazoos so not likely to be a speedy option.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

smarty18 Rookie

smarty18   0

Posted
Filed: K-3 Visa Country: Australia
 Timeline
  • Author
Posted (edited)

I got another update. I think this might actually move things forward for us finally.

"On November 17, 2015, we transferred your Form I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, to another USCIS office. That office now has jurisdiction over your case."

Edited by smarty18
 
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