I130 with IOE delay at NVC

[Brandon1990 5]

Has anyone’s I29f receiving an IOE case number? I ask because I am getting ready to file for a K3. I got my I130 expedited but since it was electronically filed it is stuck at NVC and could be for a while as it seems like there is a digital que and I may be waiting for a while. If the I129f are going by mail then I could potentially expedite my K3 petition. The way it’s going now is that my expedite for an emergency is irrelevant so this may be my other option. 

[geowrian 22,338]

K-3 is effectively dead. NVC policy is to close an I-129F for a K-3 case if the corresponding I-130 arrives at the same time or prior to the I-129F. Effectively, even if you filed now and it somehow got through USCIS (policy there is to deny an I-129F is the benefit is obtained via another means, such as an approved I-130), NVC will close it.

[Brandon1990 5]

Just now, geowrian said:

K-3 is effectively dead. NVC policy is to close an I-129F for a K-3 case if the corresponding I-130 arrives at the same time or prior to the I-129F. Effectively, even if you filed now and it somehow got through USCIS (policy there is to deny an I-129F is the benefit is obtained via another means, such as an approved I-130), NVC will close it.

Right, however my I130 was expedited. If what I’m hearing is true, then I could be sitting as not received by NVC for 7-8 months. So after getting my K3 expedited the NVC would not see my approved I130

[LilyJ 1,258]

Since the I130 has already been approved, the K3 is far from being an option anymore. It will

be instantly denied on the basis that the I130 has already been approved, as the K3 is for coming to the US while waiting for I130 approval, so now that your I130 is already approved, the need for a K3 in the eyes of USCIS has vanished and you are now ineligible for K3. Also, only 4 K3 visas have actually been granted in the past year. It is a dead visa and the chances are receiving one is virtually none. It is especially 0 now that your I130 is already approved 

[geowrian 22,338]

19 minutes ago, Brandon1990 said:

Right, however my I130 was expedited. If what I’m hearing is true, then I could be sitting as not received by NVC for 7-8 months. So after getting my K3 expedited the NVC would not see my approved I130

I hear what you are saying, but:

1) USCIS policy would prevent the I-129F from ever getting to NVC.

2) NVC would still see it, even if it's "stuck" (I'm not familiar with your case history so idk what exactly that is referring to). Every I-129F for a K-3 has a corresponding I-130 that they should see right away. Every I-129F goes through NVC, even if only briefly.

3) Consulates themselves very rarely are willing to handle a K-3 case. Only 4 K-3s were issued worldwide, and I believe they were all in the western hemisphere (don't hold me to that as it's going only from memory).

 

If #2 is not an issue as they don't actually have the I-130 for some reason (did they physically lose it or something?), #1 would still be the biggest hurdle. #3 may or may not apply....so few cases make it to that point that it's hard to imply anything.

 

That said...

there is no harm is filing the I-129F. I'm just trying to inform you that there is near 0% chance of a K-3 actually being issued.

 

[LilyJ 1,258]

31 minutes ago, geowrian said:

3) Consulates themselves very rarely are willing to handle a K-3 case. Only 4 K-3s were issued worldwide, and I believe they were all in the western hemisphere (don't hold me to that as it's going only from memory).

 

If #2 is not an issue as they don't actually have the I-130 for some reason (did they physically lose it or something?)

Iirc, 3 of those 4 were all from Mexico, and maybe one from the Philippines, not sure about that fourth one though (very small numbers considering the amount of applicants in those countries). Since it’s IOE they can’t have physically lost it since the petition isn’t a physical petition anymore. the I129f is definitely dead for this case since the I130 has already been approved. Even if NVC has 0 knowledge about the I130 at all, USCIS still will know it was approved and will promptly deny the I129f being that the I130 was already approved. Any I129f expedite will just be an expedite to the I129f’s denial

Edited January 2, 2020 by LilyJ

[geowrian 22,338]

24 minutes ago, LilyJ said:

Iirc, 3 of those 4 were all from Mexico, and maybe one from the Philippines, not sure about that fourth one though (very small numbers considering the amount of applicants in those countries). Since it’s IOE they can’t have physically lost it since the petition isn’t a physical petition anymore. the I129f is definitely dead for this case since the I130 has already been approved. Even if NVC has 0 knowledge about the I130 at all, USCIS still will know it was approved and will promptly deny the I129f being that the I130 was already approved. Any I129f expedite will just be an expedite to the I129f’s denial

I forget where the 4th was. Needless to say, it's extremely uncommon and is DOA here.

At the same time, there's no harm to the petitioner for doing so, and I've learned that people will do what they want. I mean it does impact others who are waiting - for both adjudication and an expedite - but I've also learned that it's none of my business. 🤣

[LilyJ 1,258]

13 minutes ago, geowrian said:

I forget where the 4th was. Needless to say, it's extremely uncommon and is DOA here.

At the same time, there's no harm to the petitioner for doing so, and I've learned that people will do what they want. I mean it does impact others who are waiting - for both adjudication and an expedite - but I've also learned that it's none of my business. 🤣

No harm, but no help either. They’ll 100% deny it because of the approved I130 but OP can certainly still try; our I130 was approved and I129f denied the exact same day because of the I130s approval, I can’t imagine they wound approve an I129f with an already approved I130 since the approved I130 already killed the need for I129f. K3 is more inconvenient anyways since they would have to file and pay $1200+ to adjust status and then on top of that not be able to work for 6 months, I would rather wait out being sent to NVC than wait 6 months to work, but that’s just me 🤪

[james7370 8]

22 hours ago, Brandon1990 said:

Right, however my I130 was expedited. If what I’m hearing is true, then I could be sitting as not received by NVC for 7-8 months. So after getting my K3 expedited the NVC would not see my approved I130

Since you have been expedited the transfer to nvc might be faster for you.  Good luck man

[Brandon1990 5]

4 minutes ago, james7370 said:

Since you have been expedited the transfer to nvc might be faster for you.  Good luck man

Hey man I meant to msg you earlier, I’m sure you know as much if not more as it seems you have dug deep into this ( who wouldn’t, not like you are being forced to live apart from your wife with them dangling a visa within reach) I called NVC and USCIS. The hang up doesn’t seem to be at the NVC. It seems USCIS is not sending approved petitions right away that benefited from faster processing. Some people did get through pretty however. Actually many did. Have you called a tier 2 USCIS agent and asked for confirmation that it was sent? 

[james7370 8]

7 minutes ago, Brandon1990 said:

Hey man I meant to msg you earlier, I’m sure you know as much if not more as it seems you have dug deep into this ( who wouldn’t, not like you are being forced to live apart from your wife with them dangling a visa within reach) I called NVC and USCIS. The hang up doesn’t seem to be at the NVC. It seems USCIS is not sending approved petitions right away that benefited from faster processing. Some people did get through pretty however. Actually many did. Have you called a tier 2 USCIS agent and asked for confirmation that it was sent? 

I've reached a USCIS tier 2 rep a few weeks ago and had them submit a request.  I was told this below 

 

"We have received your service request and researched the status of your case.  The case was already annotated for consular processing. Unfortunately, we are unable to provide a definite timeframe on when the case will be sent to the NVC"

 

I've also talked to the NVC yesterday.  The Rep a the NVC said that the system wasn't completed yet.  However I have seen some messages from people who talked to the USCIS that got response like this.  

 

According to USCIS records, this petition was approved at the Nebraska Service Center (NSC) on July 9, 2019.  An approval notice was sent to the petitioner at the address of record on July 10, 2019.  Please note that the estimated timeframe for the receipt of this approved case at the U.S. Department of State may extend beyond the timeframe mentioned in the approval notice.  From a recent update, we are informed that this and many other Form I-130 cases processed by the NSC through the USCIS Electronic Immigration System (ELIS) are being prepared for digital delivery to the State Department’s National Visa Center (NVC).  If you choose to follow-up with the NSC or NVC after approximately 60 days from the date of this email message, an additional case status update may be available. The Electronic Immigration System (ELIS) processing of your constituent’s Form I-130 application cannot be changed

 

Either way it seems that the transfer isn't completely set up.  It's really hard to tell how close they are.  

 

The thing I see going for you is that its approved to be expedited so maybe they have to send it now.  I'm not sure.  I'm hopeful we will both make progress soon. 

[Brandon1990 5]

3 minutes ago, james7370 said:

I've reached a USCIS tier 2 rep a few weeks ago and had them submit a request.  I was told this below 

 

"We have received your service request and researched the status of your case.  The case was already annotated for consular processing. Unfortunately, we are unable to provide a definite timeframe on when the case will be sent to the NVC"

 

I've also talked to the NVC yesterday.  The Rep a the NVC said that the system wasn't completed yet.  However I have seen some messages from people who talked to the USCIS that got response like this.  

 

According to USCIS records, this petition was approved at the Nebraska Service Center (NSC) on July 9, 2019.  An approval notice was sent to the petitioner at the address of record on July 10, 2019.  Please note that the estimated timeframe for the receipt of this approved case at the U.S. Department of State may extend beyond the timeframe mentioned in the approval notice.  From a recent update, we are informed that this and many other Form I-130 cases processed by the NSC through the USCIS Electronic Immigration System (ELIS) are being prepared for digital delivery to the State Department’s National Visa Center (NVC).  If you choose to follow-up with the NSC or NVC after approximately 60 days from the date of this email message, an additional case status update may be available. The Electronic Immigration System (ELIS) processing of your constituent’s Form I-130 application cannot be changed

 

Either way it seems that the transfer isn't completely set up.  It's really hard to tell how close they are.  

 

The thing I see going for you is that its approved to be expedited so maybe they have to send it now.  I'm not sure.  I'm hopeful we will both make progress soon. 

That doesn’t make sense. They have sent others to the NVC who were Electronically transferred. I hope so. Honestly everytime I talk to them I get a new story from them. Did your NOA2 say they sent it to the NVC already? 

[james7370 8]

1 minute ago, Brandon1990 said:

That doesn’t make sense. They have sent others to the NVC who were Electronically transferred. I hope so. Honestly everytime I talk to them I get a new story from them. Did your NOA2 say they sent it to the NVC already? 

Yeah my NOA2 said all the usual stuff.  I have seen  maybe 2- 3  people recently make it to the NVC.  Take this with a grain of salt, but from all I've read I think they are sending small batches of petitions to test the system.  There is way too many people waiting around for it to be 100% up and running.  It's possible they are close, but they certainly haven't opened the flood gates yet.   

[Brandon1990 5]

19 hours ago, james7370 said:

Yeah my NOA2 said all the usual stuff.  I have seen  maybe 2- 3  people recently make it to the NVC.  Take this with a grain of salt, but from all I've read I think they are sending small batches of petitions to test the system.  There is way too many people waiting around for it to be 100% up and running.  It's possible they are close, but they certainly haven't opened the flood gates yet.   

Hey man, so I talked with a tier 2 today. Seems like everyone that can answer any questions or even look at the case after it’s been put into que to send to NVC is outside of reach. The guy told me today that after it’s approved they put them in a batch to be sent. Once the batch has enough petitions they send it. Still doesn’t answer any question as to why some people’s goes quicker than others. I told him I know of a guy that has been waiting 7 months and he denied that saying no it should only take 4-6 weeks. The tier 1 told me up to 90 days. 

[saladboye 166]

On 1/1/2020 at 8:42 PM, Brandon1990 said:

Has anyone’s I29f receiving an IOE case number? I ask because I am getting ready to file for a K3. I got my I130 expedited but since it was electronically filed it is stuck at NVC and could be for a while as it seems like there is a digital que and I may be waiting for a while. If the I129f are going by mail then I could potentially expedite my K3 petition. The way it’s going now is that my expedite for an emergency is irrelevant so this may be my other option. 

piolot electronic I130 approval were faster than paper, the "queue" that you speak of is just delayed entry to prevent issues with delays for Paper filers as a result.

 

Upto 90 days is accurate to reach NVC, note the keyword reach, NVC still has 6-8 weeks to get it into their system.