MTL # on the I-130

[Dylan'sWife 2]

Hello, some of you may already be aware of the mess our file(s) are in in.

We have been racking our brains and inquiring here, there and everywhere about what the heck is going on...

But just a brief recap, the NVC is stating that just before the completed our case and sent it to the consulate in MTL that the USCIS requested it back- even though the USCIS is saying they have no record of the request or the file.

When my husband met with an immigration officer, she stated that she thought it may have went to Montreal since there was a MTL ( Montreal ) number on the file e.g MTL XXXXXX. My husband believes that the MTL number is assigned at the NVC, not when it reaches the consulate.

Who is correct?

[trailmix 77]

Hello, some of you may already be aware of the mess our file(s) are in in.

We have been racking our brains and inquiring here, there and everywhere about what the heck is going on...

But just a brief recap, the NVC is stating that just before the completed our case and sent it to the consulate in MTL that the USCIS requested it back- even though the USCIS is saying they have no record of the request or the file.

When my husband met with an immigration officer, she stated that she thought it may have went to Montreal since there was a MTL ( Montreal ) number on the file e.g MTL XXXXXX. My husband believes that the MTL number is assigned at the NVC, not when it reaches the consulate.

Who is correct?

If you are going through NVC then definately - you get the MTL case number assigned at the NVC (I know this because we have one). Or did you Direct Consular file? Based on what you have said I'm thinking no (if you fill in your timeline it helps everyone )

Can't hurt to email Montreal and see if they have it: Montreal-IV-DV@state.gov

Normally they give non-answers if they answer, however it's worth a try! I would be very specific in my email when describing what is going on as I think they tend to skim read the emails - or they are purposefully non-commital - hard to say which!

Edited October 8, 2007 by trailmix

[Dylan'sWife 2]

Hello, some of you may already be aware of the mess our file(s) are in in.

We have been racking our brains and inquiring here, there and everywhere about what the heck is going on...

But just a brief recap, the NVC is stating that just before the completed our case and sent it to the consulate in MTL that the USCIS requested it back- even though the USCIS is saying they have no record of the request or the file.

When my husband met with an immigration officer, she stated that she thought it may have went to Montreal since there was a MTL ( Montreal ) number on the file e.g MTL XXXXXX. My husband believes that the MTL number is assigned at the NVC, not when it reaches the consulate.

Who is correct?

If you are going through NVC then definately - you get the MTL case number assigned at the NVC (I know this because we have one). Or did you Direct Consular file? Based on what you have said I'm thinking no (if you fill in your timeline it helps everyone )

Can't hurt to email Montreal and see if they have it: Montreal-IV-DV@state.gov

Normally they give non-answers if they answer, however it's worth a try! I would be very specific in my email when describing what is going on as I think they tend to skim read the emails - or they are purposefully non-commital - hard to say which!

Hi - thank you for your reply.

You are correct0 we did not DCF as my husband is in the US and I am here.

Here is a link to our time line taken off my husbands profile

http://www.visajourney.com/timeline/profile.php?id=21461

[trailmix 77]

Who is correct?

Hi - thank you for your reply.

You are correct0 we did not DCF as my husband is in the US and I am here.

Here is a link to our time line taken off my husbands profile

Ok, well your Husband hasn't filled in his timeline either - but I had a look at your profile and have an idea of what has happened so far.

So basically you are in visa limbo as no one can actually tell you where your file is. I also see you have a lawyer - what is he/she doing to resolve the issue?

I would be on the phone burning down the line to USCIS/NVC and the Montreal consulate (well you can't call the consulate - only email - but you get the gist)

I'm not exactly sure what happens when your case is approved at NVC in terms of when the actual paperwork leaves the NVC for the consulate. According to NVC when MTL contacts them and lets them know they have an appointment available they book the next person in line. Now when in that actual process the file gets forwarded to MTL - before or after the appointment is booked, I'm not sure. I would certainly check with the Consulate though.

One other thing, in one of your other posts you mention:

"Today, my husband met with an immigration officer who said that the she has no record of the USCIS ever requesting it back- nor does she have a record of receiving it from the NVC.

She seemed to think it went to a storage facility they keep applications in for people that are currently in the US on other visas while they await the process".

Could she have meant that it is being held pending the interview being schedule with Montreal? Worth checking in to.

[Dylan'sWife 2]

Who is correct?

Hi - thank you for your reply.

You are correct0 we did not DCF as my husband is in the US and I am here.

Here is a link to our time line taken off my husbands profile

Ok, well your Husband hasn't filled in his timeline either - but I had a look at your profile and have an idea of what has happened so far.

So basically you are in visa limbo as no one can actually tell you where your file is. I also see you have a lawyer - what is he/she doing to resolve the issue?

I would be on the phone burning down the line to USCIS/NVC and the Montreal consulate (well you can't call the consulate - only email - but you get the gist)

I'm not exactly sure what happens when your case is approved at NVC in terms of when the actual paperwork leaves the NVC for the consulate. According to NVC when MTL contacts them and lets them know they have an appointment available they book the next person in line. Now when in that actual process the file gets forwarded to MTL - before or after the appointment is booked, I'm not sure. I would certainly check with the Consulate though.

One other thing, in one of your other posts you mention:

"Today, my husband met with an immigration officer who said that the she has no record of the USCIS ever requesting it back- nor does she have a record of receiving it from the NVC.

She seemed to think it went to a storage facility they keep applications in for people that are currently in the US on other visas while they await the process".

Could she have meant that it is being held pending the interview being schedule with Montreal? Worth checking in to.

Hi-

I took this off my husbands signature file, I hope it helps.

03-08-2005 | Met online

07-02-2005 | Met in real life

2005 - 2006 | Way too many flights to keep track of lol

04-21-2006 | Marriage in Santa Ana, CA

I-130 Process

06-29-2006 | Mailed to CSC

08-23-2006 | Was told application was rejected & sent back

08-30-2006 | Recieved rejected package

09-01-2006 | Resubmitted I-130

09-08-2006 | NOA1 (now that's more like it)

09-13-2006 | Recieved NOA1 in the mail

12-19-2006 | Recieved email RFE

12-20-2006 | Recieved RFE in mail

12-22-2006 | Sent out RFE info

01-09-2007 | NOA2 Email received!

I-130 at NVC

01-24-2007 | Case Number Assigned

02-06-2007 | Emailed DS-3032 COA

02-09-2007 | NVC confirms COA in email

02-20-2007 | DS3032 & AOS Fee Bill Mailed

02-26-2007 | Received DS3032 and AOS Fee Bill

02-28-2007 | Mailed AOS Fee Bill and check

03-13-2007 | I-864 received

03-21-2007 | I-864 sent

05-16-2007 | IV Bill resent from NVC (never got the first)

06-02-2007 | IV Bill received

06-05-2007 | IV Bill payment sent

06-26-2007 | Received DS230

06-29-2007 | Mailed DS230 to NVC

08-15-2007 | NVC process complete but was sent back to US CIS (#@$%#$% this sucks)

I-129F Process

10-18-2006 | Nailed to Chicago SC

10-24-2006 | NOA1

10-27-2006 | Recieved NOA1 in the mail

11-09-2006 | Touched - Got email that they transfered to CSC

11-15-2006 | Touched - Got email that they received it at CSC

09-14-2007 | NOA2 email received (friggin about time)

09-18-2007 | NOA2 Letter received in mail

Removed some touches as my sig was too long lol

We both have been calling the NVC, who are still insisting that the USCIS requested it back and that it was sent out on Aug 17th.

The USCIS on the phone and in person are is still maintaining they have no record of this-(despite it being shown as touched on Sept 14- could a Senator inquirer cause this?) I was told by someone at the NVC to insist when speaking to the USCIS that they request them to fax a copy of the original request. My husband was told by the USCIS that he would have to do this in person do this, he has an appointment tomorrow.

Also- the agent he spoke with in person called him the next day and said that it was not in the holding center.

I emailed the Consulate- but have not gotten a reply.

Edited October 8, 2007 by Dylan'sWife

[trailmix 77]

Ah, ok I understand now, you were referring to the timeline in his signature rather than the VJ timeline - got it.

Ok, well it sounds like you are doing everything you possibly can. Will certainly be interesting to see what Montreal comes back with. When did you email them? They are closed today, hopefully you will hear back from them tomorrow.

And absolutely, a Senator inquiring about the case could most certainly cause the file to be 'touched'.

Edited October 8, 2007 by trailmix

[Dylan'sWife 2]

P.S.

Honestly, the lawyer didn't do much she sent a letter asking them to please send the I-130 to the consulate and explained the life threatening medical situation with our daughter.

She also sent another letter asking them to cancel ( the then not approved I-129) . She thought that was hindering our I-130, she also seemed to be under the impression that we filed it before we were married and I was seeking a K-1 visa even though that is not the case. It may have been some sort of miscommunication with her and my DH mother as she is the one who retained the attorney.

I think this lawyer may be used to dealing will filing for waivers and illegal immigration since in the letter she asked them to send our files to TORONTO- not Montreal.

All this for the price of $350 bux.

Ah, ok I understand now, you were referring to the timeline in his signature rather than the VJ timeline - got it.

Ok, well it sounds like you are doing everything you possibly can. Will certainly be interesting to see what Montreal comes back with. When did you email them? They are closed today, hopefully you will hear back from them tomorrow.

And absolutely, a Senator inquiring about the case could most certainly cause the file to be 'touched'.

Even if that agency doesn't physically have the file?

[trailmix 77]

Even if that agency doesn't physically have the file?

Well....that part sounds a bit odd indeed. As it was explained by a former adjudicator to us, everytime they move the file it is scanned, even if it just goes from one desk to another.

Now whether or not it creates a 'touch' when they look at the file and they don't physically have the file, hmmm not sure.

[trailmix 77]

[

Even if that agency doesn't physically have the file?

Well....that part sounds a bit odd indeed. As it was explained by a former adjudicator to us, everytime they move the file it is scanned, even if it just goes from one desk to another.

Now whether or not it creates a 'touch' when they look at the file and they don't physically have the file, hmmm not sure.

Lawyer sounds .... great (not!). Anyway, have you looked in to having your case expedited due to your Daughter's condition? The current wait time for an interview in Montreal for a CR1/IR1 is 6-8 months - there are people on the timeline list we keep in the Canada forum that have been waiting since April for an interview (waiting time after it's completed at NVC).

[Dylan'sWife 2]

[

Even if that agency doesn't physically have the file?

Well....that part sounds a bit odd indeed. As it was explained by a former adjudicator to us, everytime they move the file it is scanned, even if it just goes from one desk to another.

Now whether or not it creates a 'touch' when they look at the file and they don't physically have the file, hmmm not sure.

Lawyer sounds .... great (not!). Anyway, have you looked in to having your case expedited due to your Daughter's condition? The current wait time for an interview in Montreal for a CR1/IR1 is 6-8 months - there are people on the timeline list we keep in the Canada forum that have been waiting since April for an interview (waiting time after it's completed at NVC).

Well- we have explained it but technically there is nothing to expiate since application is approved.

Once it gets to the consulate- we are going to try and get our interview moved up....but in the end I feel we would still on be in the same place as if they sent our petition back in Aug in the first place.

[Dylan'sWife 2]

[

Even if that agency doesn't physically have the file?

Well....that part sounds a bit odd indeed. As it was explained by a former adjudicator to us, everytime they move the file it is scanned, even if it just goes from one desk to another.

Now whether or not it creates a 'touch' when they look at the file and they don't physically have the file, hmmm not sure.

Lawyer sounds .... great (not!). Anyway, have you looked in to having your case expedited due to your Daughter's condition? The current wait time for an interview in Montreal for a CR1/IR1 is 6-8 months - there are people on the timeline list we keep in the Canada forum that have been waiting since April for an interview (waiting time after it's completed at NVC).

Just an update...

So my husband went to the local USCIS office in regards to all of this and we still really didn't get any answers.

Although they are still saying they do not have a record of requesting our I-130 back from the NVC, they are now saying that they do have it at the CSC. When my husband asked them to contact the NVC and ask for a copy of the request he was told 'They don't do that" and they could only inquire within as to why or if it was requested back.

She said she didn't think it was in AR or the approval revoked because they do send a letter notifying the petitioner of this and that it would show in their systems as such-but she could not answer as to why then would our petition be at the CSC. She said she would email within and get back to my husband when she gets a response- sometime between today and a week.

Also, she also said a "touch' doesn't necessarily mean that a case was physically handled- and that a customer inquire can also generate a touch.

[trailmix 77]

Well that's interesting about the inquiry.

Anyway although you don't seem to have gotten very far in terms of information today it's good they are now going to look to see why your file is at CSC and hopefully that will get it out of there!

Good luck, hope this gets resolved sooner than in 'a week'!