NVC sent K1 case to wrong consulate - What should I do?

[BigCookie 0]

Hi VJ'ers,

Long time lurker, first time poster here.

I was informed yesterday by NVC that our case was finished being processed by NVC and that they had sent our case to the London, UK consulate. The problem is that my fiancee (beneficiary) is living in China, not the UK. We were told by NVC that we could contact the US consulate in China and request to have our case transferred from London to China. We think we may have another option though as my fiancee has a valid UK visa and could travel to the UK for the interview/medical anytime after march 15th 2011.

So what should we do: Transfer the case between consulates OR Move to the UK?

Were not sure what we should do. we are worried that transferring the case from London to china could take a long time. So we are thinking that keeping the case in London could save time and get her the K1 faster. However, we are not very familiar with how the London consulate works. We we're expecting to send in our packet 3as soon as our case reached the consulate in china.

Details:

NOA1: Aug 5th

NOA2: Feb 2nd (177 days!)

NVC Sent: Feb 7th or 8th (not sure)

NVC#: LND**********

Beneficiary Citizenship: Chinese

How we screwed this up:

Since we were planning to move to china, we did request the Guangzhou, China consulate on the i129f application and wrote her Chinese address on the i-129f form (under "address abroad" on 129f). However, I was just told on the phone by NVC that because we also provided a London, UK address as her current address when we filed the form (Question#2 on 129f), the case was to the London embassy. We even thought we were fine when we recieved the noa2 as this listed china as our consulate. go figure.

Would really appreciate Other VJ'ers thoughts on our problem here. VJ has been so much help to us already, but I think this time I'm in over my head.

-BigCookie

[Fandango 1,440]

Why did you list a UK addy if she wasn't currently there?

[BigCookie 0]

Why did you list a UK addy if she wasn't currently there?

Hi,

Thanks for your reply.

We were living in London together at the time we filed the i129f petition. We moved to China after we filed.

-BigCookie

[Mrs O. 29]

Hi,

Thanks for your reply.

We were living in London together at the time we filed the i129f petition. We moved to China after we filed.

-BigCookie

You'll need to establish that you have legal residence in the UK before the London embassy will agree to take your case. Just because NVC forwarded it there and you have a visa doesnt mean it will be possible to continue in the London embassy.

Read this thread, not exactly the same situation but similar...

http://www.visajourney.com/forums/topic/293639-embassy-rejected-all-paperwork-cancelled-interview/

[YuAndDan 153]

I would count your blessings and do the interview in London, the US consulate in Guangzhou is particularly hard on K-1 aplicants.

[YuAndDan 153]

You'll need to establish that you have legal residence in the UK before the London embassy will agree to take your case. Just because NVC forwarded it there and you have a visa doesnt mean it will be possible to continue in the London embassy.

Read this thread, not exactly the same situation but similar...

http://www.visajourney.com/forums/topic/293639-embassy-rejected-all-paperwork-cancelled-interview/

True too, I have seen London look at case and automatically send cases to country of residence or nationality.

[mandyu1 5]

You'll need to establish that you have legal residence in the UK before the London embassy will agree to take your case. Just because NVC forwarded it there and you have a visa doesnt mean it will be possible to continue in the London embassy.

Read this thread, not exactly the same situation but similar...

http://www.visajourney.com/forums/topic/293639-embassy-rejected-all-paperwork-cancelled-interview/

I agree with this. My fiance's case was almost sent to Saudi Arabia because that is where he was working, but he had returned to Egypt (his National country), and we had to show proof if Egyptian Citizenship before they would transfer it. If your fiance is not a UK Citizen she will need to show proof of residency before London will process the visa. If they are not aware that you moved and she goes back, you risk the chance of an even longer delay, perhaps they would deny the visa and you would have to reapply all over again in China. I think you should request the change now.

[BigCookie 0]

You'll need to establish that you have legal residence in the UK before the London embassy will agree to take your case. Just because NVC forwarded it there and you have a visa doesnt mean it will be possible to continue in the London embassy.

Read this thread, not exactly the same situation but similar...

http://www.visajourney.com/forums/topic/293639-embassy-rejected-all-paperwork-cancelled-interview/

Hi Mrs. O

I just read the thread you recommended and (wow) agree that is very important issue that we need to take action to avoid. I'm not sure how an embassy determines your "residence" though. For example, on the 129f, we entered a London UK address for question #2, and an address in china for questions 15 and 16.

Anyone know which address will packet 3 be sent to?

It definitely seems that regardless of which country we wind up trying to proceed with, we should probably give them our current address and make sure its Located the SAME country.

Thank you for bringing this to our attention and hopefully now we can avoid this problem.

-BigCookie

[Zharren Young 32]

Hi VJ'ers,

Long time lurker, first time poster here.

I was informed yesterday by NVC that our case was finished being processed by NVC and that they had sent our case to the London, UK consulate. The problem is that my fiancee (beneficiary) is living in China, not the UK. We were told by NVC that we could contact the US consulate in China and request to have our case transferred from London to China. We think we may have another option though as my fiancee has a valid UK visa and could travel to the UK for the interview/medical anytime after march 15th 2011.

So what should we do: Transfer the case between consulates OR Move to the UK?

Were not sure what we should do. we are worried that transferring the case from London to china could take a long time. So we are thinking that keeping the case in London could save time and get her the K1 faster. However, we are not very familiar with how the London consulate works. We we're expecting to send in our packet 3as soon as our case reached the consulate in china.

Details:

NOA1: Aug 5th

NOA2: Feb 2nd (177 days!)

NVC Sent: Feb 7th or 8th (not sure)

NVC#: LND**********

Beneficiary Citizenship: Chinese

How we screwed this up:

Since we were planning to move to china, we did request the Guangzhou, China consulate on the i129f application and wrote her Chinese address on the i-129f form (under "address abroad" on 129f). However, I was just told on the phone by NVC that because we also provided a London, UK address as her current address when we filed the form (Question#2 on 129f), the case was to the London embassy. We even thought we were fine when we recieved the noa2 as this listed china as our consulate. go figure.

Would really appreciate Other VJ'ers thoughts on our problem here. VJ has been so much help to us already, but I think this time I'm in over my head.

-BigCookie

wow! so the amazing stupidity of NVC lives on huh?!?

we had the same, and have tried hard to give them information and begged them not to send our packet to Bahrain after we realized about it thu the case number they gave. we provided the right information, sent them a copy of USCIS letter confirmation of our change of address, sent them multiple emails with the right information, begged them thru phone calls not to send our papers to manama coz its not the right consulate, even our NOA2 states manila. my fiance even got to talked to an A-hole immigration specialist (my @ss) and assured that its on hold, fixable and not to worry and give him a call the next day for our right manila case number but bingo! the next day we found they still forwarded it to bahrain.

we were so mad we wish we could break some neck, scream at their face how stupid they are and that they all nothing but a whole bunch of idiots but thats all we can do. i have cussed & cursed them out a million times in my anger. the worst and most wonderful part is that, they dont wanna be responsible about their stupidity. they said we have to trace our packet, ask that consulate to forward it to the right one and most of all, ask manila consulate to accept it. so far, i have lost words to explain or justify how stupid these people are. they are so amazingly stupid heartless idiots no brainer! everyone is right for saying a monkey can do better.

anyhow, we were ready to contact congressmen & senators but after a few emails to bahrain consulate they replied to us and even called my fiance as soon as they received our packet and instructed us to send someone with a pre paid parcel to put our docs and shipped to manila. luckily the lady at the consular is very nice and helpful she even contacted manila embassy for us.

as of now we are waiting for manila embassy to receive our packet, then email or call them to find out if it will be ok for me to have the interview with them. also we need to talk to them about the case number as we do have the manama ref for now.

anyway, im not sure if our experience can help you or give you some idea on how to deal better in your case. whatever it is, i do wish you good luck and hope you can fix your situation too.

[Used to be broken 147]

Hi VJ'ers,

Long time lurker, first time poster here.

I was informed yesterday by NVC that our case was finished being processed by NVC and that they had sent our case to the London, UK consulate. The problem is that my fiancee (beneficiary) is living in China, not the UK. We were told by NVC that we could contact the US consulate in China and request to have our case transferred from London to China. We think we may have another option though as my fiancee has a valid UK visa and could travel to the UK for the interview/medical anytime after march 15th 2011.

So what should we do: Transfer the case between consulates OR Move to the UK?

Were not sure what we should do. we are worried that transferring the case from London to china could take a long time. So we are thinking that keeping the case in London could save time and get her the K1 faster. However, we are not very familiar with how the London consulate works. We we're expecting to send in our packet 3as soon as our case reached the consulate in china.

Details:

NOA1: Aug 5th

NOA2: Feb 2nd (177 days!)

NVC Sent: Feb 7th or 8th (not sure)

NVC#: LND**********

Beneficiary Citizenship: Chinese

How we screwed this up:

Since we were planning to move to china, we did request the Guangzhou, China consulate on the i129f application and wrote her Chinese address on the i-129f form (under "address abroad" on 129f). However, I was just told on the phone by NVC that because we also provided a London, UK address as her current address when we filed the form (Question#2 on 129f), the case was to the London embassy. We even thought we were fine when we recieved the noa2 as this listed china as our consulate. go figure.

Would really appreciate Other VJ'ers thoughts on our problem here. VJ has been so much help to us already, but I think this time I'm in over my head.

-BigCookie

Here is the problem. Once NVC releases it and it shows up in another Embassy, in order for them to forward it to another Embassy for you they will first ask you to do the legwork and get the receiving Embassy to agree before its transferred to accept the case for processing. The problem is getting in touch with someone who can make a decision and getting the run-around from operators who have no idea how this is done.

So,,, call the OIG, or the State Department Ombudsman and complain. They will have someone who has jurisdiction for the country call you back to find out what is going on, then they will make the phone calls to the station chief for you and that station chief will agree to accept the case and contact the transferring Embassy for you. Once they have agreed to take it they will ship it off. It might take about 4 weeks to get there.

Remember to ask the liason person to email you and copy you on this correspondence. That way you might get the station chief email address which they do not like to publish to the general public. In a few weeks you can use that email to confirm the packet made it to correct destination.

Good luck

[BigCookie 0]

so I requested london to transfer the case and they "did on the 14th" however, they don't seem to be able to tell me if they ever received the case to begin with. So, I have no idea where my case is right now. I hope its on its way to china!

[TinaG 0]

OMG,I use to read comments on how stupid the ppl behaved at USCIS,I have experienced it firsthand. My fiance's petition was forwarded to the wrong U.S. embassy. The form asked for his address abroad and his address abroad is in Turkey. But, he will be returning back to Nigeria in a few weeks. He does not have his residency in Turkey and he is there on sports visa. I called and asked why didnt they forward the information to the embassy listed on the I-129f (which was Lagos Nigeria). I was told that they dont have any answers as to why and that I would have to contact the embassy where it was forwarded and she was quick to say, but I dont have a contact number. I'm like #######!!!?? I guess I will be contacting the U.S. Embassy in Turkey

[Lola800 0]

@TinaG, please how long does it takes for the embassy to send your case fromTurkey to Lagos Nigeria, am currently in the same position as you,Thanks

[WeirdThings 0]

Helpful! Our case was forwarded to the wrong consulate- Sydney where he has never lived and is NOWHERE in our paperwork. It should be Perth which is a 4 hour flight away. Guess I will skip calling the NVC and just contact the Sydney consulate to get it forwarded, and plan on doing the legwork to get the go-ahead from Perth that they can take it on. Thanks for the info!