Rapur Milele

Anyone else DQ'ed at NVC early this year and you're waiting for your interview date at the Nairobi Consulate?

All of our documents were "Accepted" in like 7 days after uploading. 

Sent an inquiry to NVC after 90 days and was told in a canned response that we are in the queue and it is fifo (first in first out). 4 months being DQ'ed and no word.

Anyone else held up at NVC heading to Nairobi or anywhere else?

Am I the only one or does anyone else here see the effects of CSC's backlog of I-130's effect on the NVC now?

Been waiting a few weeks and no case yet.

Either it has not arrived yet (which I doubt) or it has not been entered into the system yet.

I am ready to get these documents submitted as I have all that is required including this year's

tax return transcript which I filed jointly.

How many others are in the same boat with me.......?

Thanks you guys,

I received the text and email confirmation today and I am ready

to start the NVC process. I see they have lowered the IV fees,

that is great as I will be going to Rio for the interview and any

money saved is a blessing.

Please write of your experiences and questions they ask of you Isis.

I pray we all receive our visas and get to be with our loved ones as

soon as possible.

Have a great day and blessings to all.

I received an RFE on March 24th. It was for a simple oversight on the G-325a form.

I responded promptly and they received it on the 27th of March. I have not heard anything as of yet,

only RFE Response Review is being shown on the website and automated voice system.

Will my background check slow it down longer if I have convictions, and how long does that check normally

take as I am the US Citizen petitioner?

The RFE only requested the info on the G-325a form to be resubmitted. Do they stop

at the first error and make an RFE request, or do they check in totality and request all that is required in the

RFE or is it possible to receive multiple RFE's?

They requested nothing else from me or stated anything about any other documents being needed.

What does anyone think about this?

Thanks a lot everyone for the information. I will be sure to watch the posts

of our country portal for Consulate specific advice.

Hello to all my fellow VJ members,

I do hope all is well as we await our responses from the various agencies.

I have a quick question or three that may be on someone elses mind also.

Is it advisable or recommended to submit new evidences to the Consul through

the NVC when you submit your AOS and other requested documents?

e.g. Additional evidence of ongoing financial support, co-mingling of finances,

correspondence of any kind, receipts from online flower purchases, receipts from

mailing birthday gifts etc.......

Can, or will this delay the NVC process?

Do you think it is worthwhile to do this so that the Consul has this additional information in

your file, in his/her hand, reviewing this evidence before you are in front of them at the interview?

I know others here have done this, and would the case number need to be printed on every document in upper

right corner to maintain consistency and accuracy of file?

Give me your take on this.......pros and cons.

Thanks all and I bid you all glad tidings and happy responses.

I am sorry to hear that as that sucks.

Are you saying that if the petitioner has a criminal background that he/she will be subjected to an extensive background check that will delay the petition for several more months? Yet you have no history of such, and you are being subjected to it. Maybe your name had a "hit" on the database and prompted this. I did not think the petitioner would have the petition denied or delayed deeply for any criminal offenses in the background except those of a "National Security Concern" or "Adam Walsh offenses", (crimes involving children). Is that correct or will any criminal offenses trigger such an extensive inquiry?

Good looking out Pai, I hope to see some stats on some September filers soon, numbers in the WAC1190690000 range just to see what it can look like for us as it has been about 4 months for me, yet not outside of the normal stated processing times, but I am geared up for a 6-7 month wait for NOA2.

Wishing everybody the best and a speedy NOA2.

Pie......

Hello VJ,

I have 2 questions and I hope they are not considered stupid.

1) When the DS 3032 Choice of Agent is completed and submitted back to the NVC by my wife, (beneficiary) making me her agent to receive correspondence for her, does this authorize me to complete and sign the DS 230 for her, or must I have her complete and sign part 1 and mail it to me, wherein I mail it to the NVC with all the other requested documents ??

2) Will I need to complete a DS 3032 for the children and a separate DS 230 for them as I filed for them also, albeit 40 days later due to the delay in their birth certificates, or will they be covered by my wife's DS 230 as they will be listed on there also, if so who signs for them?

I am somewhat confused here as I read the NVC instructions at that point.

I appreciate the help and advice from the experienced members here.

Hello my fellow members.

In the middle of September I sent in my I-130 with payment and all supporting documents. It was accepted and I received NOA-1.

I have 3 questions for my fellow members here.

1) When I sent in the I-130 it did not have a barcode printed on the bottom of it.

Will this cause a delay and/or an RFE??

2) On part C, question 17 of the same form where it asks:

"List husband/wife and all children of your relative"

I mistakenly listed my wife here and then the 2 children, where I should have listed myself and the 2 children as her (the beneficiary's) husband and children of my relative.

When I realized this I sent in an update to change this information on that question.

Will this cause a delay or an RFE also?

Did I do the right thing by sending in an update to the form, or should I have just sent in a nw I-30 an asked to have this one replace the previous due to an error?

3) Is it ok to send in more evidence and reference the receipt number as I will have another trip to se my wife soon,

and want to demonstrate to them we are continuous and on going.

Thanks folks.......

What is a "touch" that I read about here and how can I find out if that is going on in my case.......?

My fellow members;

Thanks for the great advice I received previously.

I have another question for the community here.

How can I supplement my I-130 for my wife and add the kids?

I did not have their certified birth certificates and death certificate of their father.

I instead submitted hers first and thought to file their I-130 and G-325a forms after when I received them as it takes about 30 days to receive them.

My wife will scan them and email them to me so I can have them translated and then Fed Ex me the originals. I will then submit these along with more evidence of our relationship, more phone records and Western Union rerceipts wherein I sent her money. Can I ask USCIS to add them to my existing case number and explain to them what was going on, or will it be a separate case number altogether? I thought I read somewhere that this can be done as I will be filing a CR-1 for them also.

Anyone experience a situation such as this before?

All replies are welcome.

Hey Push Brk you are on point from all the research I have encountered thus far. My wife is aware of my past as I witheld nothing from her. I do want to continue to learn and do all I can to avoid any delays. I am returning early next year and will forward this additional evidence to them.

Thanks for all advice and input.

Does AWA apply for Domestic Violence conviction?

Not that I can gather from the language of the Adam Walsh Act. It focuses directly on abuse of any kind directed toward minors from what I can understand.

Is your situation similiar to mine or you have only Domestic Violence convictions? Feel free to contact me as I am researching these topics regularly and will share what I have learned. CR-1 filers are not exempt from this Act, but as I research it appears to be the only one that has any affect on IR/CR filers. IMBRA has no implications on IR/CR filers.

My best to you and again drop me an email here and I will get back with you if you desire.

Gee whiz, thanks a lot guys.

After researching more I cam across an article from an immigration attorney that states the Adam Walsh as such, this should remove doubt and clarify the differences between the IMBRA and AWA Acts.......

Adam Walsh Act and Family Immigration

By Christopher Stoll

The Adam Walsh Child Protection and Safety Act is intended to protect children under the age of 18 from crimes committed by sexual predators who are United States citizens or permanent residents. The act is distinguished from the International Marriage Broker Regulation Act (IMBRA) as it can bar petitioners convicted of "any specified offense against a minor" from obtaining a family based visa for any person, whether a minor or an adult. IMBRA pivots primarily on K- Fiancee Visa Petitions and K-3 Spousal Visa Petitions while the Adam Walsh Act turns on any of the family based immigration petitions, including the CR-1 and IR-1 petitions. A "specified offense" against a minor in the Adam Walsh Act is enumerated as:

Kidnapping or false imprisonment except by a parent or guardian

Solicitation of Sexual Conduct

Use in a sexual performance

Video voyeurism

Possession, production or distribution of child pornography

Criminal sexual misconduct involving a minor, or using the internet to facilitate or attempt such conduct

As state, federal and international laws might identify the above offenses differently, the United States Citizenship and Immigration Service examines the elements of each "specific offense" to determine if they are substantially similar to the above offenses. When an investigation of a petitioner shows that he has been convicted of a "specified offense" he will be required to supply certified copies of all appropriate law enforcement and court records while also being fingerprinted. Should fingerprints and submitted materials reveal that the petitioner was not convicted of a "specified offense", a decision must be made on whether the petitioner poses a risk to the beneficiary. It is the petitioner's burden of proof beyond a reasonable doubt that he does not pose a risk. Should the decision be that the petitioner does pose a risk, the petition is required to be denied with the reason(s) for denial being set forth in writing. Should the decision be that the petitioner poses no risk of harm,. that decision is required to be affirmed by the U.S. Citizenship and Immigration Service.

In theory, due process procedures exist for a person accused or convicted of a "specified offense" to exhaust available administrative or judicial remedies, however, with the burden of proof being on the petitioner coupled with the anxiety and expense of protracted litigation, it appears as if there are no reported cases that have navigated their way far enough to provide guidance on USCIS affirmation. It is prudent to retain the services of any experienced immigration attorney for purposes of any K or F Visa Petition

Christopher J. Stoll is an attorney who has assisted the immigrant community for over 25 years. He is licensed to practice in the immigration courts of all 50 states.

http://www.amimm.net

Article Source: http://EzineArticles.com/?expert=Christopher_Stoll

I hope this can clarify and help someone else similiary situated. IMBRA applies to "K" based visas and "AWA" is broad sweeping and covers IR/CR Visas for enumerated offenses.

Thank you for your replies, and to The Humanist I am truly appreciative for your input. I thought that Tim/Mav was somewhat in error in his reading and understanding of IMBRA as it does not have any implications on the CR-1 Visa Petitions.

I am planning a return trip to her country at the turn of the year and will submit this as evidence also with more photos and happy times with the family. I do want as many friends as possible and need help as I walk through this. As I see I am not alone here and thank all for their input.

I will take Penguin's advice and alter my writing style and utilize all input from the community here.

Thanks a million you guys and anything you may think of that can help me or you feel I may need to know, please do not hesitate to drop it on me.......

Thanks

Hello my friends here.

I do hope I am not judged too harshly as I am new here and need some help.

I married my fiancee in her country and have filed a CR-1 visa for her. Wet met online in June of 2010 and talked continuously ever since, too bad the calling cards I was using did not keep records, but in June of this year I found Rebtel and have been using it ever since, they offer online records. The I-130 was accepted and I got the NOA1 dated 9/23/2011 last week.

I am a convicted felon with 3 drug offenses. She knows of my crimanl background and does not hold it against me. Her family loves me dearly and wants to see us together. I submitted the I-130 and G-325a forms along with my marriage license, photos from the wedding party of her and I together, with her family, photos of me and her father, stepmother, brothers and sisters, receipts for the engagement ring and wedding bands, crystal champagne glasses, knife and cake server that were personalized with our names and date of the marriage, affidavits from 2 of her family members attesting to their personal knowledge of our relationship that are notarized, copies of my boarding passes and visa entry and exit stamps in my passport, apartment rental receipts from the honeymoon suite on the beach, copies of my enrollment to add her on to my medical and life insurance policies, copies of 2 credit cards in her name added on to my account, copies of western union receipts where I send her money to help her, telephone records of our calls, (I bought her a Magic Jack now and it does work, but it does not keep records that I know of). With all this said I ask of anyone here for some advice: how bad will my background prohibit my petition from being granted? My convictions are more than 15 years old and I am studying all I can about this. There are no IMBRA waivers needed... as the restrictions there do not apply to CR-1 petitions, only the Adam Walsh Act correct? What are the restrictions to the petitioner as I have read conflicting requirements from lawyers themselves. Some say there are no IMBRA waivers or implications ands others quote the restrictions from IMBRA, I am somewhat confused...I am planning to return early in 2012 for another visit and will supplement my petition with this additional evidence to demonstrate an ongoing relationship, I love her very much and desire her here with me.

Any advice here is greatly appreciated. Good tidings and blessings to you all.