K1, 601, 212, Unique Case.... Help Needed...

[Charlesvb12 61]

Hey guys so my fiancee and I are currently waiting on a K1 Visa that was filed in January and still only have NOA1. We are aware she will need a 601 waiver as she lived in the U.S for 11 years illegally from 11 years old to 22 years old when she left on a Final Order of Removal. She had DACA but chose to waiver her DACA and move back to Brazil too finish college and be with her mother and father who had left U.S years before. Unfortunately we had only been dating for 4 months and she  had already started to sell all her belongings, close bank accts, etc. at the point we were not ready for the commitment of marriage or engagement but we spent everyday together from the day we started speaking. Love is Love and you can't control who you fall for, that was the case for both of us as we knew what was ahead but it did not matter.

               She left in Oct 2015 and the first thing she did as far as immigration goes was file for a i-212 waiver, her waiver was approved this past September 2016. We decided to file for the K1 Visa which we did in January and received Jan 17th 2017. On May 3rd 2017 mail had come in from USCIS to my Fiancees old U.S address which we found very bizarre. I know the people that had moved into my Fiancee old apartment so they let me know that mail had come for her. The Mail read "Notice Of Action.... On November 18, 2012 you filed Form 821D, Consideration of DACA. USCIS approved your Form on Dec 31, 2012. Deferring your removal from the U.S. DHS records show on 10/15/2015 you departed the U.S without Advanced Parole. The departure was under Final Order of Removal under A9804****. Travel outside the US without first receiving AP results in automatic termination of DACA. USCIS is notifying you that your DADA and you employment authorization Document(EAD). You must return your EAD to USCIS immediately. Continued use of your EAD after terminated is considered fraudlent us of your EAD. Such use could result in referral to Law Enfrocement. Send a cop of this notice and your EAD to: Nebraska Serv Ctr." This letter seemed off to us because USCIS is very much so aware that my Fiancee had already departed the country there were officers there when we said our goodbyes at the airport, and she had previously let them know filled out paperwork, even filed for 212 already in Brazil and has been approved. The letter even mentions her departure on Oct 15 2015, so I am confused as to why it has gone to her U.S address. This all leading up to May 25th we received a letter from USCIS saying that our I-129F case was transferred to Nebraska Serv. Ctr from CSC. I've called and spoke to numerous Tier 2 officers none of which will give me the reason for the transfer other than for efficiency reasons, until today i spoke to an officer who looked into it and said they didn't transfer my Hard Copy I-129F to NSC and that it is still at CSC so technically they still have jurisdiction over my case. That they e-filed my case or parts of my case to NSC for further processing. So I am starting to wonder and worry is my K1 taking longer than most 1 because of the mail that was received May3rd to my Fiancee old address and 2 because its a weird case that my Fiancee has already obtained a I-212 waiver and normally those are processed together with the 601. I was hoping for any answers of people who went thru the process of K1 Visa that needed to obtain a 601 after, if their process to the Interview took longer than most who didnt need a waiver and had a more straight forward case.     Thank you any response is helpful and I know I jumped all over so if you need me to specify something I will, once again thanks again.

[Boiler 45,885]

Solo 212 was a waste of effort not sure why that was done, so I doubt if anybody else has that experience.

 

Should not make any difference to your timeline, going to guess about 18 months for the K1 and waiver, give or take.

[Hypnos 6,578]

She needs to first be found inadmissible to the US at her interview before filing waivers, so I'm unsure as to the point of filing the I-212.

[Charlesvb12 61]

Yea that was blindly done didn't know much about immigration at the time she had said an immigration officer suggested it.. but I don't believe it has an expiration date,granted I'm aware we need 601.. just thought the transfer was bizarre and the letter we received to her old US address 

[Boiler 45,885]

Did she notify them of a change of address?

[Charlesvb12 61]

yes they were made aware of her new address in Brazil and her departure, just wondering if that is why my I129F went to Nebraska and why it seems my case is taking longer than most been about 5 months exactly with only NOA1.. 

[Boiler 45,885]

AR11?

[Charlesvb12 61]

she said she did address change online , not for that specific case and Rec number but for when she applied for 212 waiver after she left.