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KellyCdB

Petition was destroyed?

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Filed: IR-1/CR-1 Visa Country: Peru
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I'm a US citizen married to a Peruvian national with 2 stepchildren. We've been married since 2006, and until January 2017, I was living in Peru. We did a consular filing there in early 2015.  The original petition was approved quickly.

 

Due to some family and financial hardships, we were not able to move forward with the visas at that time - I came back to the US in Jan 2017 to work and save up the money needed.

 

On December 27th, I emailed the Embassy with my intentions to move forward and requested a new date for the interview appointment.

 

I immediately received an email back telling me that on December 26th, - one day prior! - my case had been closed and all documents destroyed, so that we would need to begin again with a new petition.

 

Has anyone had this happen before? Do I have any other recourse than starting over?

 

My eldest step-son turns 21 on January 25th, and I'm not sure if we can get all the documentation together in time. Also, I'm no longer in Peru, so the option for a consular filing is no longer an option.

 

Any advice would be appreciated.

Met: June 2002

Moved to Peru: April 2004

Married: November 2006

Original DCF: June 2015

Original Approval: October 2015

File closed for inactivity: December 2017

Mailed new I-130 to Phoenix Lockbox: Jan 2018

UPS Confirmation of Delivery: 24 Jan 2018

Text/Email confirmation: 31 Jan 2018

Rec'd NOA1: 05 Feb 2018

 

 

 

 

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Filed: IR-1/CR-1 Visa Country: Egypt
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16 minutes ago, KellyCdB said:

I'm a US citizen married to a Peruvian national with 2 stepchildren. We've been married since 2006, and until January 2017, I was living in Peru. We did a consular filing there in early 2015.  The original petition was approved quickly.

 

Due to some family and financial hardships, we were not able to move forward with the visas at that time - I came back to the US in Jan 2017 to work and save up the money needed.

 

On December 27th, I emailed the Embassy with my intentions to move forward and requested a new date for the interview appointment.

 

I immediately received an email back telling me that on December 26th, - one day prior! - my case had been closed and all documents destroyed, so that we would need to begin again with a new petition.

 

Has anyone had this happen before? Do I have any other recourse than starting over?

 

My eldest step-son turns 21 on January 25th, and I'm not sure if we can get all the documentation together in time. Also, I'm no longer in Peru, so the option for a consular filing is no longer an option.

 

Any advice would be appreciated.

unfortunately,  after 2 years they consider it abandonment. There is no other choice but to start from scratch and send in the I-130 and follow the guidelines for all those that are able to come over file I-130 for each member of the household, and appropriate fees.

if you as a USC depending on what service center you get stuck at it could take a year to get an approval and be sent to NVC and then another 4-8 months from NVC to interview and completion.

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

Thanks for the quick response. I was afraid this might be the situation.

 

I wonder if I can use my approval from the first petition as proof of bonafide marriage... :)

Met: June 2002

Moved to Peru: April 2004

Married: November 2006

Original DCF: June 2015

Original Approval: October 2015

File closed for inactivity: December 2017

Mailed new I-130 to Phoenix Lockbox: Jan 2018

UPS Confirmation of Delivery: 24 Jan 2018

Text/Email confirmation: 31 Jan 2018

Rec'd NOA1: 05 Feb 2018

 

 

 

 

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Filed: IR-1/CR-1 Visa Country: Egypt
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31 minutes ago, KellyCdB said:

Thanks for the quick response. I was afraid this might be the situation.

 

I wonder if I can use my approval from the first petition as proof of bonafide marriage... :)

it can't hurt to send it, make sure you have affidavits from those who know of your marriage, and pictures at least a couple from each year, while in Peru did you have anything jointly together? what I did but after the fact for my husbands interview was I added his name to all the utility bills here in USA, I had him added to my credit cards and got him a card in his name. I also added him to my life insurance.

 

I might want to caution you that because you have step kids, in order to legally bring them here on the I-130 you must have the other parent sign a notarized statement that she is allowing them to immigrate to the USA. not sure if that was something you had before or not.

 

now that you are back in the USA AOS support will become an issue as well, just make sure you make enough to cover 125% of the poverty level for the number of people that will be coming to the home.

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

The stepchildren aren't a problem - they are both 18+ years of age now, and don't need their mother's approval.

 

I do know about the affidavit of support - that was an issue even with consular filing. I have family members who are willing to co-sponsor, so that shouldn't be an issue.

 

We have a car that is in both of our names (in Peru), and our apartment there has both names on the lease. That should be adequate, along with all our photos. When we did the original consular filing, they were actually much more interested in the photos, and asked for more.

 

Unfortunately, I don't have any utility bills here, but perhaps I can get a small life insurance policy to put him on. That's a good suggestion, thanks!

Met: June 2002

Moved to Peru: April 2004

Married: November 2006

Original DCF: June 2015

Original Approval: October 2015

File closed for inactivity: December 2017

Mailed new I-130 to Phoenix Lockbox: Jan 2018

UPS Confirmation of Delivery: 24 Jan 2018

Text/Email confirmation: 31 Jan 2018

Rec'd NOA1: 05 Feb 2018

 

 

 

 

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Filed: IR-1/CR-1 Visa Country: Egypt
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1 hour ago, KellyCdB said:

The stepchildren aren't a problem - they are both 18+ years of age now, and don't need their mother's approval.

 

I do know about the affidavit of support - that was an issue even with consular filing. I have family members who are willing to co-sponsor, so that shouldn't be an issue.

 

We have a car that is in both of our names (in Peru), and our apartment there has both names on the lease. That should be adequate, along with all our photos. When we did the original consular filing, they were actually much more interested in the photos, and asked for more.

 

Unfortunately, I don't have any utility bills here, but perhaps I can get a small life insurance policy to put him on. That's a good suggestion, thanks!

Good luck with everything sorry you have to start over again. :(

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