Frozen in Processing (NVC/Bogota Consulate)

[Aaron & Natalia 1]

Hi All,

 

My fiance and I are seemingly frozen in place waiting for the NVC to complete minor processing tasks so we may move forward with scheduling her K1 interview with the US consulate in Bogota. Below is an email I'm preparing to distribute to immigration attorneys in my Orlando, FL area, and I'm hopeful that some of you may be able to answer some of the questions within based on recent experience with this phase of the process or professional legal expertise. If any of you have attorneys who are skilled and experienced with navigating NVC/Bogota Consulate problems and delays I sure would appreciate referrals. Thanks in advance!    - Aaron

 

-----------------------------------------------------------------------------------------------

I'm reaching out in search of legal advisement and assistance from a legal professional with a high degree of experience dealing with K1 Visa immigration specifically from Colombia to the US, and with specific experience navigating the present complications created by COVID-19 and the resultant backlog/delays within the NVC and consulate in Bogota. 

 

My fiance and my current situation is as follows:

5/21/20 - Received Date of I-129F - Petition for Fiance

1/14/21 - Notice Date of Approval (I-797 Notice of Action) 

9/14/21 - Received Date of K1-FTP from NVC stating NVC will now forward approved I-129F petition to Consulate in Bogota, and the transfer process will be complete in a matter of weeks

 

Since receiving the K1-FTP on 9/14/21 our process appears to have stalled. Our current legal representation has been thoroughly unresponsive and ineffective throughout our entire process (now more so than ever). Since the 1/14/21 Notice of Approval, they have stated only that we are waiting for the NVC to generate a case and invoice so we can process the Dept of State application and schedule her interview at the consulate in Bogota (despite the fact that we received a Case Number on the K1-FTP document). 

 

In addition to handling my fiance's change of status process once we are legally married in the US, we are seeking a legal representative capable of:

-*At a minimum* providing an experience based approximation of wait time we can expect from our current stage of processing through day of interview with the Bogota consulate

-Providing an experience based approximation of wait time for change of status once we are legally married in the US (and advising whether typical processing times have been extended to any degree)

-Making inquiries with the NVC and/or US Consulate in Bogota concerning the status and progress of the processing of our case

-Deploying any and all tactics able to expedite our K1 and change of status processes including but not limited to soliciting relevant government agencies or officials to intervene on our behalf  

 

 

Are these services within you or your firm's wheelhouse? If not, are you able to direct me to a more appropriate resource?

 

[JeanneAdil 6,514]

u are asking a lawyer to answer these questions which can be answered in a consultation for a small fee

if anyone answers them without a payment of any kind ,  i will be surprised

just make an appointment and ask these questions

 

and understand a US lawyer really can't make the Bogata embassy move any faster

but they can collect the documents from u (for the AOS process) and copy and mail them in once fiancee is here

you'll still do all the work to collect the needed documents and you'll be responsible to the new petitions when u sign them 

so.  not sure why anyone pays for this service

[SteveInBostonI130 3,459]

2 hours ago, Aaron & Natalia said:

Hi All,

 

My fiance and I are seemingly frozen in place waiting for the NVC to complete minor processing tasks so we may move forward with scheduling her K1 interview with the US consulate in Bogota. Below is an email I'm preparing to distribute to immigration attorneys in my Orlando, FL area, and I'm hopeful that some of you may be able to answer some of the questions within based on recent experience with this phase of the process or professional legal expertise. If any of you have attorneys who are skilled and experienced with navigating NVC/Bogota Consulate problems and delays I sure would appreciate referrals. Thanks in advance!    - Aaron

 

-----------------------------------------------------------------------------------------------

I'm reaching out in search of legal advisement and assistance from a legal professional with a high degree of experience dealing with K1 Visa immigration specifically from Colombia to the US, and with specific experience navigating the present complications created by COVID-19 and the resultant backlog/delays within the NVC and consulate in Bogota. 

 

My fiance and my current situation is as follows:

5/21/20 - Received Date of I-129F - Petition for Fiance

1/14/21 - Notice Date of Approval (I-797 Notice of Action) 

9/14/21 - Received Date of K1-FTP from NVC stating NVC will now forward approved I-129F petition to Consulate in Bogota, and the transfer process will be complete in a matter of weeks

 

Since receiving the K1-FTP on 9/14/21 our process appears to have stalled. Our current legal representation has been thoroughly unresponsive and ineffective throughout our entire process (now more so than ever). Since the 1/14/21 Notice of Approval, they have stated only that we are waiting for the NVC to generate a case and invoice so we can process the Dept of State application and schedule her interview at the consulate in Bogota (despite the fact that we received a Case Number on the K1-FTP document). 

 

In addition to handling my fiance's change of status process once we are legally married in the US, we are seeking a legal representative capable of:

-*At a minimum* providing an experience based approximation of wait time we can expect from our current stage of processing through day of interview with the Bogota consulate

-Providing an experience based approximation of wait time for change of status once we are legally married in the US (and advising whether typical processing times have been extended to any degree)

-Making inquiries with the NVC and/or US Consulate in Bogota concerning the status and progress of the processing of our case

-Deploying any and all tactics able to expedite our K1 and change of status processes including but not limited to soliciting relevant government agencies or officials to intervene on our behalf  

 

 

Are these services within you or your firm's wheelhouse? If not, are you able to direct me to a more appropriate resource?

 

 

 

From what I have read of those applying in Bogota, there is a huge backlog of cases that the embassy is working through.  This includes all the cases backlogged from when the embassy was shut down during the height of Covid, and because of all the applications from Venezuela that they need to process.  Once NVC generated a case number, they are done processing your I-129F.  They are just waiting for Bogota to let them know when to send the next batch of petitions.   Your case might be in that batch, or in another pile.  NVC sends X number of cases per month, as notified by the embassy based on their workload.

 

You will not be able to schedule the interview until your petition is sent to the embassy. 

 

Out of curiosity, if you have the K1-FTP email from NVC, then your case should be at the embassy.  Has your fiance received any communication from the embassy?  What is the status of your petition on CEAC?

 

https://ceac.state.gov/ceacstattracker/status.aspx

 

Enter your case number in the link above.

[Aaron & Natalia 1]

10 hours ago, SteveInBostonI130 said:

Steve,

Thanks for your reply. We have not received any communication from the embassy, but we have received communication from the NVC in September in the form of the K1-FTP. I've posted this communication below sans personal info.

When I check the case number on CEAC, the status shows "Ready", and shows a Case Created in Feb 2021 and Last Updated Oct 2021. (Posted below sans personal info)

This is the part I don't understand. Our current attorney has been stating for months that we are still unable to schedule an appointment with the embassy until we receive an invoice number and can set up an account (w/ the NVC or Bogota Consulate, I'm not sure which).  

 

*My primary concern is gathering information regarding the time periods other people have experienced in recent months so I can estimate how long to expect to wait from the date of receiving the FTP (9/14/21) until the date of her appointment at the Consulate. Thanks again - Aaron

----------------------------------------------------------------------

*BGT#######* K1-FTP
14-SEP-2021
Dear NATALIA XXXX XXX XXXX
The National Visa Center (NVC) received your fiancé (e)’s/spouse’s approved I-129F petition from U.S.
Citizenship and Immigration Services (USCIS). NVC will now forward the petition to the U.S. Embassy
or Consulate in Bogota, Colombia. Please note that the transfer process can take several weeks. The U.S.
Embassy or Consulate will contact your fiancé (e)/spouse when they are ready to process his or her
petition.
Next steps:
Go to our website http://nvc.state.gov/k1 to learn how to apply for a K visa and prepare for the visa
interview.
Please keep the following information for your records:
Case Number: BGT######
USCIS Receipt Number WAC######
Principal Applicant: NATALIA XXXXX XXXXXX XXX
Petitioner: AARON XXXXX XXX
Interview Location: Bogota, Colombia
Post Address:

U.S. Embassy
Carrera 45 No. 24b-27
Bogota, D.C.
Colombia

--------------------------------------------------------------

 

 

 

 

10 hours ago, SteveInBostonI130 said:

 

From what I have read of those applying in Bogota, there is a huge backlog of cases that the embassy is working through.  This includes all the cases backlogged from when the embassy was shut down during the height of Covid, and because of all the applications from Venezuela that they need to process.  Once NVC generated a case number, they are done processing your I-129F.  They are just waiting for Bogota to let them know when to send the next batch of petitions.   Your case might be in that batch, or in another pile.  NVC sends X number of cases per month, as notified by the embassy based on their workload.

 

You will not be able to schedule the interview until your petition is sent to the embassy. 

 

Out of curiosity, if you have the K1-FTP email from NVC, then your case should be at the embassy.  Has your fiance received any communication from the embassy?  What is the status of your petition on CEAC?

 

https://ceac.state.gov/ceacstattracker/status.aspx

 

Enter your case number in the link above.

 

[millefleur 5,046]

**Moved from  US Citizenship General Discussion to K-1 Fiance(e) Visa Case Filing and Progress Reports**

[Chancy 6,241]

20 hours ago, Aaron & Natalia said:

My fiance and I are seemingly frozen in place waiting for the NVC to complete minor processing tasks so we may move forward with scheduling her K1 interview with the US consulate in Bogota.

 

6 hours ago, Aaron & Natalia said:

When I check the case number on CEAC, the status shows "Ready"

 

If your CEAC status says "Ready", that means your case is no longer at NVC.  It is not stuck waiting for NVC processing.  The case has already been transferred to the consulate in Bogota.  According to other VJ members, the consulate advised that applicants with "Ready" case status may already schedule their own interviews.  Check this thread --

 

 

20 hours ago, Aaron & Natalia said:

Providing an experience based approximation of wait time for change of status once we are legally married in the US

 

After getting married in the US, K1 visa holders need to apply for Adjustment of Status (AOS), not Change of Status (COS).  Those are two different immigration processes.  AOS is for becoming a US permanent resident, while COS is for changing from one non-immigrant status to a different but still non-immigrant status.

 

Also, there's no need to pay a lawyer for estimates for AOS processing time.  You can find that info yourself by checking the official USCIS website -- https://egov.uscis.gov/processing-times/

 

Select form I-485 and the USCIS local field office (LFO) that has jurisdiction over your residential area.  If you still want to hire a lawyer for that locale-specific info, best to search for one that has experience with cases being processed at your particular LFO.  Processing times vary wildly among LFOs.

 

[Aaron & Natalia 1]

15 minutes ago, Chancy said:

Thanks Chancy, that is incredibly helpful. Since we haven't been contacted by the Bogota consulate, I don't know how to schedule the appointment. The thread says a ds160 must be filed? Is there a link to get into scheduling? 

 

------------------------------------------------------------

 

If your CEAC status says "Ready", that means your case is no longer at NVC.  It is not stuck waiting for NVC processing.  The case has already been transferred to the consulate in Bogota.  According to other VJ members, the consulate advised that applicants with "Ready" case status may already schedule their own interviews.  Check this thread --

 

 

 

After getting married in the US, K1 visa holders need to apply for Adjustment of Status (AOS), not Change of Status (COS).  Those are two different immigration processes.  AOS is for becoming a US permanent resident, while COS is for changing from one non-immigrant status to a different but still non-immigrant status.

 

Also, there's no need to pay a lawyer for estimates for AOS processing time.  You can find that info yourself by checking the official USCIS website -- https://egov.uscis.gov/processing-times/

 

Select form I-485 and the USCIS local field office (LFO) that has jurisdiction over your residential area.  If you still want to hire a lawyer for that locale-specific info, best to search for one that has experience with cases being processed at your particular LFO.  Processing times vary wildly among LFOs.

 

 

[Maki&Kiki 123]

Hello. Not sure if this is going to help you but we never received any mails or emails from NVC. We followed NOA2 instructions that if we don't get letter from NVC that shows invoice number, we should contact them after 30 days pass from the date of NOA2. So we did and on phone call they gave us invoice number. We got the same mail as you but it's a mail telling you that they are moving your case to the embassy, it's a different mail.

Your status shows ready meaning your case is at the embassy. Your invoice number is ready too, so you should call NVC and ask for it. You need invoice number to pay the visa fee. Once you have it, fill ds 160 form. The rest depends on embassy. In my case I had to wait embassy email me p3 instructions then p4 instructions ( which explained how to pay for visa online and when my interview will take the place, I didn't get to choose it). Some embassies operate differently, as in after you finish
ds 160 you go to their website to pay for your visa fee and choose interview date yourself. And according to the post above mine, that's how your embassy operates! :)

 

[Maki&Kiki 123]

Website : https://ais.usvisa-info.com/

edit: that's used to register to pay your visa and pick interview date

Edited January 14, 2022 by Kittinpaw

[Chancy 6,241]

24 minutes ago, Aaron & Natalia said:

Is there a link to get into scheduling?

 

Create an account here -- https://ais.usvisa-info.com/en-co/iv/signup/iv

 

[Maki&Kiki 123]

It's just ridiculous that the lawyer forgot to mention that,  if NVC does not send you invoice 30 days after NOA2,  to call them and ask for it.  Status changed to ready probably on October 6th (when case was last updated), meaning you could have scheduled interview more than 2 months ago.. :x

[Aaron & Natalia 1]

15 minutes ago, Kittinpaw said:

It's just ridiculous that the lawyer forgot to mention that,  if NVC does not send you invoice 30 days after NOA2,  to call them and ask for it.  Status changed to ready probably on October 6th (when case was last updated), meaning you could have scheduled interview more than 2 months ago.. :x

I've added that to my list of reasons to be outraged with the level assistance they've provided.

[SalishSea 17,839]

1 minute ago, Aaron & Natalia said:

I've added that to my list of reasons to be outraged with the level assistance they've provided.

It sounds like you're mad because you misunderstood the overall process.

[Aaron & Natalia 1]

42 minutes ago, Kittinpaw said:

Website : https://ais.usvisa-info.com/

edit: that's used to register to pay your visa and pick interview date

Am I correct to assume that first I pay the invoice through this link and then I receive the DS-160 number? Because it is requiring the DS-160 number to create her account.

[Aaron & Natalia 1]

11 minutes ago, Jorgedig said:

It sounds like you're mad because you misunderstood the overall process.

The process as it was explained by the immigration attorney who I trusted to provide accurate information... I also assume my plumber knows how to do plumbing.

Edited January 14, 2022 by Aaron & Natalia