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Filed: K-1 Visa Country: France
Timeline
Posted

Hello all,

After a posting (as a new vj-er) asking if it was possible to go to the U.S. while K-1 application is pending... yes, I found many info and threads (thanks for sending comments and advice anyway!).

But now back to why I asked that question.

We filed the I-129F in California, and NOA1 date is January 18; NOA2 date is April 12.

Which date should have been taken into consideration for recalling our file (IMBRA -though not 100% sure that the reason why it had been recalled)?

Our petition arrived to Embassy in Paris in early May, and was sent back to NVC soon after apparently. But they never told me at the Embassy (went several times), nor did they inform my fiancée, and I learned about it only last Friday (June 30) at the Embassy, and they said they did not have our file there anymore. Called NVC: file send to Paris on June 23.

During all that time, never received any notice (no RFE).

There might have been a mistake... we lost two month and our wedding is planned for Sept. 2! (yes I know we should not have planned it befor getting the visa... but hard to plan everything in 90 days!)

Do you think we have a case? What would you do? I am going to the Embassy tomorrow (Friday), so I want to find a way (ideally) to make sure I can have my interview in time.

Thanks

K-1

January 11, I-129F sent

January 18, NOA1

April 12, NOA2

May 3, NVC sent file to Embassy in Paris

...

May 12, 19, June 2, visits to Embassy to check status: nothing new

June 30: visit to Embassy, learn that file went back to the US

June 30: NVC representative said that file was sent back on June 23.

...

Went to Embassy Friday, July 7: file is back. They are ok to expedite before wedding date.

But one missing piece: need a police report from China...

...

Mid-July: Friends helping in China, and Police report on its way.

Called the U.S. Embassy and said I was basically ready. They agreed over the phone to scheduled the interview for Aug. 10.

Arrived in California on the 17th.

Sept. 2: Married!

AOS

Nov. 10: Finally filed

Nov. 17: NOA

Nov. 25: Biometric appointmenr received

Dec. 2: Biometrics

Posted
Hello all,

After a posting (as a new vj-er) asking if it was possible to go to the U.S. while K-1 application is pending... yes, I found many info and threads (thanks for sending comments and advice anyway!).

But now back to why I asked that question.

We filed the I-129F in California, and NOA1 date is January 18; NOA2 date is April 12.

Which date should have been taken into consideration for recalling our file (IMBRA -though not 100% sure that the reason why it had been recalled)?

Our petition arrived to Embassy in Paris in early May, and was sent back to NVC soon after apparently. But they never told me at the Embassy (went several times), nor did they inform my fiancée, and I learned about it only last Friday (June 30) at the Embassy, and they said they did not have our file there anymore. Called NVC: file send to Paris on June 23.

During all that time, never received any notice (no RFE).

There might have been a mistake... we lost two month and our wedding is planned for Sept. 2! (yes I know we should not have planned it befor getting the visa... but hard to plan everything in 90 days!)

Do you think we have a case? What would you do? I am going to the Embassy tomorrow (Friday), so I want to find a way (ideally) to make sure I can have my interview in time.

Thanks

With a NOA1 date in January you should not have been subject to the IMBRA law. Why you got sent back is anyones guess but if it was because of IMBRA then they deffinatly made a mistake.

Posted

I agree with Gary. And it seems that it may have been returned because of IMBRA as there was a couple of other members that found themselves in the same situation with having their petitions returned wrongfully because of the IMBRA. I hope you are able to have an interview scheduled fairly quickly.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Filed: K-1 Visa Country: France
Timeline
Posted

That's what I think too! But I guess it is hard to get 'them' (whoever that is) aknowledge it, and act... so that our case can be processed in time.

K-1

January 11, I-129F sent

January 18, NOA1

April 12, NOA2

May 3, NVC sent file to Embassy in Paris

...

May 12, 19, June 2, visits to Embassy to check status: nothing new

June 30: visit to Embassy, learn that file went back to the US

June 30: NVC representative said that file was sent back on June 23.

...

Went to Embassy Friday, July 7: file is back. They are ok to expedite before wedding date.

But one missing piece: need a police report from China...

...

Mid-July: Friends helping in China, and Police report on its way.

Called the U.S. Embassy and said I was basically ready. They agreed over the phone to scheduled the interview for Aug. 10.

Arrived in California on the 17th.

Sept. 2: Married!

AOS

Nov. 10: Finally filed

Nov. 17: NOA

Nov. 25: Biometric appointmenr received

Dec. 2: Biometrics

Filed: K-1 Visa Country: Australia
Timeline
Posted

Doesn't seem like the USCIS is willing to own up to their faults. I still can't believe those that were recalled have been denied expedited processing. If ever there was a departmental screw up, I think IMBRA is it. :)

Looks like your file got collected up in the wrong pile of cases.

Filed: K-1 Visa Country: France
Timeline
Posted

Actually, do you think that if my fiancée called her congressman, it could help expedite the process at the U.S. Embassy in Paris?

K-1

January 11, I-129F sent

January 18, NOA1

April 12, NOA2

May 3, NVC sent file to Embassy in Paris

...

May 12, 19, June 2, visits to Embassy to check status: nothing new

June 30: visit to Embassy, learn that file went back to the US

June 30: NVC representative said that file was sent back on June 23.

...

Went to Embassy Friday, July 7: file is back. They are ok to expedite before wedding date.

But one missing piece: need a police report from China...

...

Mid-July: Friends helping in China, and Police report on its way.

Called the U.S. Embassy and said I was basically ready. They agreed over the phone to scheduled the interview for Aug. 10.

Arrived in California on the 17th.

Sept. 2: Married!

AOS

Nov. 10: Finally filed

Nov. 17: NOA

Nov. 25: Biometric appointmenr received

Dec. 2: Biometrics

Filed: K-1 Visa Country: France
Timeline
Posted
Actually, do you think that if my fiancée called her congressman, it could help expedite the process at the U.S. Embassy in Paris?

bonjour stephane,

oui ! she should call her congressman, even make an appointment and do it in person. and have all necessary papers, documents, info, etc. with her. and copies to give to them. i went to mine and finally got info and location about our case. she should also get an expedite request in (maybe with the help of her congressman?). correct me if i'm wrong anybody, but paris won't be able to do anything at this point because your case is back here and needs to get back to paris first.

good luck!

Filed: K-1 Visa Country: France
Timeline
Posted

bonjour stephane,

oui ! she should call her congressman, even make an appointment and do it in person. and have all necessary papers, documents, info, etc. with her. and copies to give to them. i went to mine and finally got info and location about our case. she should also get an expedite request in (maybe with the help of her congressman?). correct me if i'm wrong anybody, but paris won't be able to do anything at this point because your case is back here and needs to get back to paris first.

good luck!

Bonjour à toi! Actually, our file should be back in Paris (that what NVC said: sent on June 23). As I am going to the Embassy tomorrow, I'll see if they say they have it (they might have received it, but not delt with it yet...). So if we're 'lucky', we should be dealing with the Embassy at this stage...

What is the "expedite request"? That sound VERY interesting to me! How do you file that?

Thanks

K-1

January 11, I-129F sent

January 18, NOA1

April 12, NOA2

May 3, NVC sent file to Embassy in Paris

...

May 12, 19, June 2, visits to Embassy to check status: nothing new

June 30: visit to Embassy, learn that file went back to the US

June 30: NVC representative said that file was sent back on June 23.

...

Went to Embassy Friday, July 7: file is back. They are ok to expedite before wedding date.

But one missing piece: need a police report from China...

...

Mid-July: Friends helping in China, and Police report on its way.

Called the U.S. Embassy and said I was basically ready. They agreed over the phone to scheduled the interview for Aug. 10.

Arrived in California on the 17th.

Sept. 2: Married!

AOS

Nov. 10: Finally filed

Nov. 17: NOA

Nov. 25: Biometric appointmenr received

Dec. 2: Biometrics

Filed: K-1 Visa Country: France
Timeline
Posted

bonjour stephane,

oui ! she should call her congressman, even make an appointment and do it in person. and have all necessary papers, documents, info, etc. with her. and copies to give to them. i went to mine and finally got info and location about our case. she should also get an expedite request in (maybe with the help of her congressman?). correct me if i'm wrong anybody, but paris won't be able to do anything at this point because your case is back here and needs to get back to paris first.

good luck!

Bonjour à toi! Actually, our file should be back in Paris (that what NVC said: sent on June 23). As I am going to the Embassy tomorrow, I'll see if they say they have it (they might have received it, but not delt with it yet...). So if we're 'lucky', we should be dealing with the Embassy at this stage...

What is the "expedite request"? That sound VERY interesting to me! How do you file that?

Thanks

wow! i'm happy for you - your case is back in paris! i don't think your fiancée can file for an expedite as it is at the consulate but it can't hurt for her to call her congressman - you never know who knows who and who has contacts where. i assume you know that the friday walk-in from 12 to 3 usually closes earlier as they only accept so many? i would get there veeeeery early to guarantee a spot. i've heard of people getting in line before 8 am! plead your case and i hope they can expedite over there - i have always heard good things about the paris consulate from french freinds and my fiancé.

bonne chance ! keep us posted!

Filed: K-1 Visa Country: France
Timeline
Posted

Yes, I'm definitely planning to go there very early.

Checking your timeline, your file was processed very fast! So sorry you got recalled after intervew date was announced!

K-1

January 11, I-129F sent

January 18, NOA1

April 12, NOA2

May 3, NVC sent file to Embassy in Paris

...

May 12, 19, June 2, visits to Embassy to check status: nothing new

June 30: visit to Embassy, learn that file went back to the US

June 30: NVC representative said that file was sent back on June 23.

...

Went to Embassy Friday, July 7: file is back. They are ok to expedite before wedding date.

But one missing piece: need a police report from China...

...

Mid-July: Friends helping in China, and Police report on its way.

Called the U.S. Embassy and said I was basically ready. They agreed over the phone to scheduled the interview for Aug. 10.

Arrived in California on the 17th.

Sept. 2: Married!

AOS

Nov. 10: Finally filed

Nov. 17: NOA

Nov. 25: Biometric appointmenr received

Dec. 2: Biometrics

Filed: K-1 Visa Country: France
Timeline
Posted
Yes, I'm definitely planning to go there very early.

Checking your timeline, your file was processed very fast! So sorry you got recalled after intervew date was announced!

Salut! Keep us posted on how things go at the embassy in Paris. My fiance will be going there bientot, j'espere. They difinitely screwed up recalling your petition. According to an announcement made by Dept of State about IMBRA a couple months ago, consulates were directed to use the date that was stamped on the actual petition the day it was received by the service center as the determining factor for whether a K1 petition was subject to the new evidentiary requirements of IMBRA. March 6 was the evil date, the date of my NOA1. I'd still like to know if this is the same as the date the petition was stamped when received. I doubt it. It takes a little time for someone to enter the case into their system, type up the form etc.

Bon courage!

2/28/06 - K-1 app sent to NSC

3/06/06 - NOA 1

3/31/06 - NOA 2

4/12/06 - NVC sent approved petition to Paris embassy

4/24/06 - fiance received instruction pkt (pkt 3)

5/05/06 - pkt 3 checklist returned to embassy

6/16/06 - CRIS-USCIS email "petition received"

6/21/06 - 1-797s (2) received, petition "received", "reopened" by CSC

6/26/06 - email, RFE sent

7/05/06 - RFE received and sent back to CSC

7/06/06 - RFE received, signed for by receptionist at CSC

7/11/06 - email RFE received by CSC

7/12/06 - touched (same message as day before about RFE receipt

WAITING WAITING WAITING

8/15/06 - NVC receives reaffirmed petition (no written confirmation yet)

8/22/06 - NVC sends reapproved petition back to Paris CHOUETTE!!!!

9/21/06 - Pkt. 4 received

10/4/06 - INTERVIEW scheduled\

11-14-06 - VISA RECEIVED!!!!![/b]

12/08/06 - Arrives - POE PDX

12/14/06 - Married in Vegas, Baby!!!

AOS

01/03/07- I-485 sent to Chicago

01/09/07 - NOA from MSC

01/30/07 - Biometrics taken

02/01/07 - touched

04/10/07 - Interview scheduled/AOS approved - I-551 stamp in passport

04/18/07 - Permanent Resident Card received!!!!!

Filed: K-1 Visa Country: France
Timeline
Posted

Yes, I'm definitely planning to go there very early.

Checking your timeline, your file was processed very fast! So sorry you got recalled after intervew date was announced!

Salut! Keep us posted on how things go at the embassy in Paris. My fiance will be going there bientot, j'espere. They difinitely screwed up recalling your petition. According to an announcement made by Dept of State about IMBRA a couple months ago, consulates were directed to use the date that was stamped on the actual petition the day it was received by the service center as the determining factor for whether a K1 petition was subject to the new evidentiary requirements of IMBRA. March 6 was the evil date, the date of my NOA1. I'd still like to know if this is the same as the date the petition was stamped when received. I doubt it. It takes a little time for someone to enter the case into their system, type up the form etc.

Bon courage!

Je vous tiendrai au courant. I'll write my report coming back tomorrow.

I actually found a Public Notice from DHS about March 6 dead line. But is there an official document stating what you say about the stamped date rule that I could find, and print to bring with me tomorrow?

Thanks

K-1

January 11, I-129F sent

January 18, NOA1

April 12, NOA2

May 3, NVC sent file to Embassy in Paris

...

May 12, 19, June 2, visits to Embassy to check status: nothing new

June 30: visit to Embassy, learn that file went back to the US

June 30: NVC representative said that file was sent back on June 23.

...

Went to Embassy Friday, July 7: file is back. They are ok to expedite before wedding date.

But one missing piece: need a police report from China...

...

Mid-July: Friends helping in China, and Police report on its way.

Called the U.S. Embassy and said I was basically ready. They agreed over the phone to scheduled the interview for Aug. 10.

Arrived in California on the 17th.

Sept. 2: Married!

AOS

Nov. 10: Finally filed

Nov. 17: NOA

Nov. 25: Biometric appointmenr received

Dec. 2: Biometrics

Posted

Yes, I'm definitely planning to go there very early.

Checking your timeline, your file was processed very fast! So sorry you got recalled after intervew date was announced!

Salut! Keep us posted on how things go at the embassy in Paris. My fiance will be going there bientot, j'espere. They difinitely screwed up recalling your petition. According to an announcement made by Dept of State about IMBRA a couple months ago, consulates were directed to use the date that was stamped on the actual petition the day it was received by the service center as the determining factor for whether a K1 petition was subject to the new evidentiary requirements of IMBRA. March 6 was the evil date, the date of my NOA1. I'd still like to know if this is the same as the date the petition was stamped when received. I doubt it. It takes a little time for someone to enter the case into their system, type up the form etc.

Bon courage!

Je vous tiendrai au courant. I'll write my report coming back tomorrow.

I actually found a Public Notice from DHS about March 6 dead line. But is there an official document stating what you say about the stamped date rule that I could find, and print to bring with me tomorrow?

Thanks

Petitions are stamped with the time and date of receipt. This date is the same date that appears on the NOA1 as the receipt/recieved date. The notice date that appears on the NOA1 is the date the NOA1 was generated.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Filed: K-1 Visa Country: France
Timeline
Posted

My question was probably not clear. I meant, is there an official document which states that consulates should take into consideration the date stamped on the petition (=NOA1 date) as to decide if petition falls into the new IMBRA requirements?

K-1

January 11, I-129F sent

January 18, NOA1

April 12, NOA2

May 3, NVC sent file to Embassy in Paris

...

May 12, 19, June 2, visits to Embassy to check status: nothing new

June 30: visit to Embassy, learn that file went back to the US

June 30: NVC representative said that file was sent back on June 23.

...

Went to Embassy Friday, July 7: file is back. They are ok to expedite before wedding date.

But one missing piece: need a police report from China...

...

Mid-July: Friends helping in China, and Police report on its way.

Called the U.S. Embassy and said I was basically ready. They agreed over the phone to scheduled the interview for Aug. 10.

Arrived in California on the 17th.

Sept. 2: Married!

AOS

Nov. 10: Finally filed

Nov. 17: NOA

Nov. 25: Biometric appointmenr received

Dec. 2: Biometrics

Filed: K-1 Visa Country: France
Timeline
Posted

2/28/06 - K-1 app sent to NSC

3/06/06 - NOA 1

3/31/06 - NOA 2

4/12/06 - NVC sent approved petition to Paris embassy

4/24/06 - fiance received instruction pkt (pkt 3)

5/05/06 - pkt 3 checklist returned to embassy

6/16/06 - CRIS-USCIS email "petition received"

6/21/06 - 1-797s (2) received, petition "received", "reopened" by CSC

6/26/06 - email, RFE sent

7/05/06 - RFE received and sent back to CSC

7/06/06 - RFE received, signed for by receptionist at CSC

7/11/06 - email RFE received by CSC

7/12/06 - touched (same message as day before about RFE receipt

WAITING WAITING WAITING

8/15/06 - NVC receives reaffirmed petition (no written confirmation yet)

8/22/06 - NVC sends reapproved petition back to Paris CHOUETTE!!!!

9/21/06 - Pkt. 4 received

10/4/06 - INTERVIEW scheduled\

11-14-06 - VISA RECEIVED!!!!![/b]

12/08/06 - Arrives - POE PDX

12/14/06 - Married in Vegas, Baby!!!

AOS

01/03/07- I-485 sent to Chicago

01/09/07 - NOA from MSC

01/30/07 - Biometrics taken

02/01/07 - touched

04/10/07 - Interview scheduled/AOS approved - I-551 stamp in passport

04/18/07 - Permanent Resident Card received!!!!!

 
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