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Filed: K-1 Visa Country: India
Timeline
Posted

Illiria - I will work to keep this updated.

 

Ash - I see what you are saying. At the time, I guess I really did not think anything of it. Even now, I might still think human error on their part.

7/25 -  "The status of this service request is:
Recently, you contacted USCIS concerning your Petition for Alien Relative (Form I-130) to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved.
Our records show that your Petition for Alien Relative (Form I-130) is currently pending adjudication. Your petition is undergoing additional security checks. We regret that we are unable to provide you with a completion date at this time. We apologize for the delay.
We hope this information is helpful and appreciate your continued patience."

9/7 - "The status of this service request is:
Recently you contacted USCIS concerning your Petition for Alien Fiancé (e) (Form I-129F) to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved.
We have placed your case on a processing hold because the required security checks remain pending. Until we receive the results of these security checks, we cannot move forward on your case. We require the results of security checks before we make a decision on any pending case.
We cannot predict when we will receive the results of these security checks. Please be assured that we will make every effort to make a decision in your case as soon as the security checks are complete.
We hope this information is helpful to you."

10/25 - " The status of this service request is:
The processing of your case has been delayed.  A check of our records establishes that your case is not yet ready for a decision, as the required security checks remain pending.
We cannot move forward on your case until the security checks have been completed.  These security checks must be completed on all applicants who apply for the immigration benefit you are seeking.  We will provide you with a decision on this case as soon as possible after the security checks are complete.  Please contact the National Customer Service Center at 1-800-375-5283 if you do not receive a decision or other notice of action from us within six months of this letter.
We hope this information is helpful to you."

 

All copy and pasted from their e-mail response, so no typo on my part.

Also, in each response this is listed:

Case type:
 -- I129F

 

Posted

Most likely AWA-related, as others have speculated. 

 

You may wish to consult with an immigration attorney well-versed in AWA issues. 

 

I believe there are some categories of crimes for which no conviction is necessary for USCIS to invoke the AWA in order to deny the petition. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: K-1 Visa Country: India
Timeline
Posted

Hypnos - I would like to disbelieve the last statement you made, as to deny a petition with no conviction is literally to punish without a crime. However, as a victim of out legal system, I can say that does sound like something that could happen. So, yes; I will be checking with an attorney this week.

Posted (edited)

I'm not 100% on it that specific portion, but I know there are similarities elsewhere.

 

For example, if you are arrested for solicitation of a prostitute, even if you aren't charged or convicted it can be used against you by USCIS/DoS to deny an immigration benefit for you. Is it the same for some AWA-related crimes? It would not surprise me to learn that that was the case.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

  • 1 month later...
Filed: K-1 Visa Country: India
Timeline
Posted

Someone had asked me to update this, so here we go:

 

After attending the biometric appointment, a NOID was sent with 87 days to respond. They basically cited the AWA stating they were going to deny the petition.

I have hired an attorney who has responded. Basically, USCIS is factually incorrect. AWA requires a conviction, not an accusation, to deny a petition. Appropriate documentation was sent with.

Now they have begun reviewing again, and more waiting.

 

Lessons learned from the whole sordid affair: The "justice" system is not about justice. The FBI can't be bothered to keep accurate records. USCIS is terribly inefficient.

  • 1 month later...
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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