December 2016 Filers (merged)

[Kuben&Tiffany 42]

39 minutes ago, Redheadguy03 said:

Good luck with that. You can't sue the federal government without their permission. (weird right) 

 

Not to mention they could easily delay it more just for you ticking them off. It's the government, wait and be patient. I know it sucks, but trying to sue them will just create more issues. 

Believe it or not, some have sued and won against USCIS citing Writ of Mandamus. It basically exists to force an entity (in this case the government) to perform whatever action they've stated they will perform, regardless of administrative hold ups. Meaning in the case of immigrations, the only possible positive verdict would be one that forces USCIS to make an immediate determination on the case (and not necessarily in your favor). In most of the cases where this sort of extreme action is taken, it's because USCIS has been holding out on a green card, or an adjustment of status for years....Obviously we're not there yet. 

 

There are a couple of points I'm starting to become very concerned about, however. If we were receiving some kind of information about why the case has been delayed (lost in "background checks" or any of the other crazy excuses I've read about) I'd just assume we're lost in the processing the same way many others are. We've been in contact at multiple points though, and with every point of contact the officers I've talked to have directly refused to give me information regarding the case. The only clear acknowledgment I've even had that they still possess the case was the "assigned to officer" email. Granted, it could just be luck of the draw, getting on the phone with officers who just haven't been very helpful or pleasant. It may even be luck of the draw all around, but in this case I'm just trying to get prepared for whatever the next step will be to escalate this. 

 

We have been patient. We didn't even start contacting USCIS or government officials until after the 5 month mark. I've tried to stay clear headed and empathetic to the situation that USCIS employees must be facing. That being said, next week our case will have been listed as "Received" for 6 months. Their delay is now very seriously threatening the wedding we planned with almost a year's safety net. We planned to get married by the justice of the peace, like so many others, and just do the ceremony much later. Yeah, that didn't work out so well...If they don't approve our petition in the next 2 weeks, all of THOSE plans will now have to be changed. We were smart in only choosing vendors who would be willing to work with such a shift, so we won't be losing in money. That's really beside the point now though. 

 

As I stated, we are not asking for special favors, and if there is a legitimate reason for the delay we are willing to wait. I am simply asking for information regarding why my case is not being processed through. That there are no channels, and no accountability, those are the reasons why I would be considering taking on the significant hassle and financial burden of a lawsuit, if legal counsel would advise it (when appropriate) and if I see any first-hand testimony of success, rather than just case studies. Maybe I'm too much of an idealist, but at this point it's not just our case that would lead me down that road, but the increasingly obvious incompetence the department is demonstrating. Because no one (citizen or incoming immigrant/citizen to be) should have to put up with this.   

Edited May 30, 2017 by Kuben&Tiffany

[Redheadguy03 505]

30 minutes ago, Kuben&Tiffany said:

Believe it or not, some have sued and won against USCIS citing Writ of Mandamus. It basically exists to force an entity (in this case the government) to perform whatever action they've stated they will perform, regardless of administrative hold ups. Meaning in the case of immigrations, the only possible positive verdict would be one that forces USCIS to make an immediate determination on the case (and not necessarily in your favor). In most of the cases where this sort of extreme action is taken, it's because USCIS has been holding out on a green card, or an adjustment of status for years....Obviously we're not there yet. 

 

There are a couple of points I'm starting to become very concerned about, however. If we were receiving some kind of information about why the case has been delayed (lost in "background checks" or any of the other crazy excuses I've read about) I'd just assume we're lost in the processing the same way many others are. We've been in contact at multiple points though, and with every point of contact the officers I've talked to have directly refused to give me information regarding the case. The only clear acknowledgment I've even had that they still possess the case was the "assigned to officer" email. Granted, it could just be luck of the draw, getting on the phone with officers who just haven't been very helpful or pleasant. It may even be luck of the draw all around, but in this case I'm just trying to get prepared for whatever the next step will be to escalate this. 

 

We have been patient. We didn't even start contacting USCIS or government officials until after the 5 month mark. I've tried to stay clear headed and empathetic to the situation that USCIS employees must be facing. That being said, next week our case will have been listed as "Received" for 6 months. Their delay is now very seriously threatening the wedding we planned with almost a year's safety net. We planned to get married by the justice of the peace, like so many others, and just do the ceremony much later. Yeah, that didn't work out so well...If they don't approve our petition in the next 2 weeks, all of THOSE plans will now have to be changed. We were smart in only choosing vendors who would be willing to work with such a shift, so we won't be losing in money. That's really beside the point now though. 

 

As I stated, we are not asking for special favors, and if there is a legitimate reason for the delay we are willing to wait. I am simply asking for information regarding why my case is not being processed through. That there are no channels, and no accountability, those are the reasons why I would be considering taking on the significant hassle and financial burden of a lawsuit, if legal counsel would advise it (when appropriate) and if I see any first-hand testimony of success, rather than just case studies. Maybe I'm too much of an idealist, but at this point it's not just our case that would lead me down that road, but the increasingly obvious incompetence the department is demonstrating. Because no one (citizen or incoming immigrant/citizen to be) should have to put up with this.   

I'm assuming you've asked for supervisors when you've called? You'd think someone would have an answer. 6 months is the end of normal processing times if I recall correctly. 

 

I sure hope it works out for you! 

[Kuben&Tiffany 42]

Just now, Redheadguy03 said:

I'm assuming you've asked for supervisors when you've called? You'd think someone would have an answer. 6 months is the end of normal processing times if I recall correctly. 

 

I sure hope it works out for you! 

Yes, I did ask for a supervisor this last time. The tier 2 officer put me on hold, then hung up the line. 

 

Thanks, I hope things are moving for you guys as well. I am encouraged that some of us from back at the beginning of the month are getting responses and moving on to next steps. I hope there are no November stragglers at this point!

[Redheadguy03 505]

1 minute ago, Kuben&Tiffany said:

Yes, I did ask for a supervisor this last time. The tier 2 officer put me on hold, then hung up the line. 

 

Thanks, I hope things are moving for you guys as well. I am encouraged that some of us from back at the beginning of the month are getting responses and moving on to next steps. I hope there are no November stragglers at this point!

If I were you I'd call back and try to get a tier 2 again. It could have been the connection or maybe he just wasn't friendly. I'd try until you actually speak to a supervisor. I know when I called I got some officers who were very nice and others definitely weren't. It obviously depends just like any customer service type job. 

 

Hopefully,  when you get approved it'll move at lightning speed for you! 

 

[Kate + Evgeny 54]

Here's the data as of 5/28/2017:

https://docs.google.com/spreadsheets/d/1bftS3c9hZQnCKdBc9-09NKmwwQMYV8PmezMyISXefRU/edit?usp=sharing

 

December Cases Untouched as of 5/28/2017: 222

 

Total Cases Touched in WEEK 5/22 - 5/27: 190
Approvals: 7
RFEs: 26
Other: 157

 

[goodlulck52 69]

5 hours ago, Kuben&Tiffany said:

Yes, I did ask for a supervisor this last time. The tier 2 officer put me on hold, then hung up the line. 

 

Thanks, I hope things are moving for you guys as well. I am encouraged that some of us from back at the beginning of the month are getting responses and moving on to next steps. I hope there are no November stragglers at this point!

Sorry to see you are still waiting... I am too, except I am waiting for their response to my response to their RFE from almost a month ago. It is so tiresome...

[GeeRaf 61]

5 hours ago, Kate + Evgeny said:

Here's the data as of 5/28/2017:

https://docs.google.com/spreadsheets/d/1bftS3c9hZQnCKdBc9-09NKmwwQMYV8PmezMyISXefRU/edit?usp=sharing

 

December Cases Untouched as of 5/28/2017: 222

 

Total Cases Touched in WEEK 5/22 - 5/27: 190
Approvals: 7
RFEs: 26
Other: 157

 

Hello there. If our number isn't list here, what does that mean? In the series, the numbers before and after ours are list.

[BeccaM 34]

Don't you just love when the NVC tells you 'Your case should be here soon. After the 6 week mark next week you can send an email'

 

Great. Lovely. Unfortunately completely unhelpful. Stupid me for hoping things would actually move faster after getting our NOA2. I don't know what I'm going to do if I'm still stuck in Aus in October. All of my current work contracts (I have 4) expire in October or the first week of November. It's already been 17 months since I've last seen my fiance. I'm terrified to attempt to visit the US before moving after recent cases of people being turned away at the border and treated terribly. And honestly it's not financially viable if I could possibly then be moving countries very soon after.

 

Today marks 6 months since we put our petition in the mail.

 

Rant over. For all of you still waiting to hear anything at all I'm sending you all the good thoughts in the world.

[db2016 100]

13 hours ago, Kuben&Tiffany said:

Yes, I did ask for a supervisor this last time. The tier 2 officer put me on hold, then hung up the line. 

 

Thanks, I hope things are moving for you guys as well. I am encouraged that some of us from back at the beginning of the month are getting responses and moving on to next steps. I hope there are no November stragglers at this point!

I am in the same boat as you. My lawyer submitted an inquiry and we received this response: USCIS will review and process the request Expect a reply by June 15, 2017. 

 

I also submitted a congressional inquiry and have called USCIS multiple times. 

 

I am just going with the flow at this point, it has become beyond understandable how things are handled on their end. 

[GioRod 69]

Hey Guys,

 

                              Here's and update from me I was approved on 05/08/17 with NOA2 made exactly 3 weeks today I called NVC and case was received pretty happy to see things are moving kind of quick now. Question though do I fill out the Ds 160 form or my fiancé does. Thanks in Advance for any responses. Best wishes to any one else still waiting  

[Kuben&Tiffany 42]

5 minutes ago, hy2016 said:

I am in the same boat as you. My lawyer submitted an inquiry and we received this response: USCIS will review and process the request Expect a reply by June 15, 2017. 

 

I also submitted a congressional inquiry and have called USCIS multiple times. 

 

I am just going with the flow at this point, it has become beyond understandable how things are handled on their end. 

 Yikes. Well, at least we're in good company while we wait! We don't have an attorney yet. I just have to muster up the energy to change ALL of my wedding plans, and then that will most likely be our next step. Here's hoping for good news all around for everyone this week!

[nealreal1 69]

27 minutes ago, Kuben&Tiffany said:

 Yikes. Well, at least we're in good company while we wait! We don't have an attorney yet. I just have to muster up the energy to change ALL of my wedding plans, and then that will most likely be our next step. Here's hoping for good news all around for everyone this week!

You have to call and call and call until you are successfull!! Keep trying, do not give up.

[Estibaliz 3,037]

37 minutes ago, GioRod said:

Hey Guys,

 

                              Here's and update from me I was approved on 05/08/17 with NOA2 made exactly 3 weeks today I called NVC and case was received pretty happy to see things are moving kind of quick now. Question though do I fill out the Ds 160 form or my fiancé does. Thanks in Advance for any responses. Best wishes to any one else still waiting  

The DS160 applies to the beneficiary. It can be filled for any of you, as long as the info is accurate and the beneficiary is the one that has to finally sign it (electronically).

[GioRod 69]

2 minutes ago, Estibaliz said:

The DS160 applies to the beneficiary. It can be filled for any of you, as long as the info is accurate and the beneficiary is the one that has to finally sign it (electronically).

Thanks for the info and the picture that it ask to upload then has to be of my fiancé then rite the (beneficiary). I went to site and I see it asked for a photo.

[Estibaliz 3,037]

Just now, GioRod said:

Thanks for the info and the picture that it ask to upload then has to be of my fiancé then rite the (beneficiary). I went to site and I see it asked for a photo.

Yes, it has to be the beneficiary's picture