Lost petition found and delivered. Problem

[jkb11 26]

Hello everyone,

this post of mine will be a bit long, but I hope I will be able to get some advice from you!

In december I made a post asking for advice what to do in case the petition gets lost in mail (sent multiple inquiries to USPS, got 2 case numbers, investigation yielded no results and the package was deemed lost). There were different answers provided on this forum and we decided to:

- issue a stop payment order on the check attached to the package that was lost

- file a new copy of the petition (with UPS this time)

unfortunately, the lost package emerged from some mail sorting facility's long forgotten box and got delivered. An attempt to cash the check has been made, stop payment order kicked in. We ended up having two NOA1's, one of them is paid in full, the other one - not. The contents of the packages are identical.

I tried contacting USCIS by phone, describing the situation. The only answer I was able to receive was that I will have to pay the fee for processing both petitions anyway. However, knowing the usefulness of USCIS misinformation line, I found a way to contact the CSC directly via email. This is the message my fiancee (the petitioner) sent to csc-ncsc-followup@dhs.gov on 12/29/2011:

Dear Sir or Madam,

Due to an issue beyond our control, you have received two identical I-129F petitions that have already been forwarded to CSC. The first petition has been sent via Certified Priority Mail on 12/12/11. The package has been reported lost or stolen. Due to that fact, I have decided to mail the same exact package again on 12/21/2011, issuing a stop payment order on the check sent with the previous package (since it has been reported lost). The following day the first package has been delivered to your Dallas Lockbox and the check was bounced. Nevertheless, I have received case status for both packages:

WACXXXXXXXXXX - this is the case status for the package with the check that has been cancelled

WACYYYYYYYYYY - this is the case status for the package with a valid check

I am aware of the fact that in case of placing a stop payment order on a check will cause an invoice to be sent to me. However, due to the circumstances described before, I would kindly like to request you to reject or discard the first petition without issuing the corresponding invoice and pursuing collection of the fee.

Sincerely yours,

It's been over a month and we haven't heard from them yet.

We were checking both cases' statuses on a regular basis, they were there, always marked as under "Initial Review". This has changed two days ago (Feb 1st), the case for which the check was bounced has changed its status to "Acceptance" and the text underneath was:

On February 1, 2012, we suspended processing of this I129F, PETITION FOR FIANCE(E), because the fee payment was returned by the bank due to insufficient funds. We have sent you a check deficiency notice in the mail which explains the steps you must take to resume processing of your case. If you do not receive this notice within 30 days from February 1, 2012, please call customer service at 1-800-375-5283 for further assistance.

.

Now, as I understand, we will receive an invoice for the amount of $340 + additional fee. Here is where I'm seeking advice. Worst case scenario - we will have to pay that money. However, since we already have an identical petition being processed, is there any way around this? Is there anyone who can post anything from experience?

I would really appreciate any advice.

Cheers!

[himher 634]

Let it suspend and let the other case go through processing. At this point you dont have to do anything.

Hello everyone,

this post of mine will be a bit long, but I hope I will be able to get some advice from you!

In december I made a post asking for advice what to do in case the petition gets lost in mail (sent multiple inquiries to USPS, got 2 case numbers, investigation yielded no results and the package was deemed lost). There were different answers provided on this forum and we decided to:

- issue a stop payment order on the check attached to the package that was lost

- file a new copy of the petition (with UPS this time)

unfortunately, the lost package emerged from some mail sorting facility's long forgotten box and got delivered. An attempt to cash the check has been made, stop payment order kicked in. We ended up having two NOA1's, one of them is paid in full, the other one - not. The contents of the packages are identical.

I tried contacting USCIS by phone, describing the situation. The only answer I was able to receive was that I will have to pay the fee for processing both petitions anyway. However, knowing the usefulness of USCIS misinformation line, I found a way to contact the CSC directly via email. This is the message my fiancee (the petitioner) sent to csc-ncsc-followup@dhs.gov on 12/29/2011:

It's been over a month and we haven't heard from them yet.

We were checking both cases' statuses on a regular basis, they were there, always marked as under "Initial Review". This has changed two days ago (Feb 1st), the case for which the check was bounced has changed its status to "Acceptance" and the text underneath was:

.

Now, as I understand, we will receive an invoice for the amount of $340 + additional fee. Here is where I'm seeking advice. Worst case scenario - we will have to pay that money. However, since we already have an identical petition being processed, is there any way around this? Is there anyone who can post anything from experience?

I would really appreciate any advice.

Cheers!

[jkb11 26]

Let it suspend and let the other case go through processing. At this point you dont have to do anything.

Wouldn't that cause us any trouble?

[pinoygwapo 1]

I do not think it would cause any trouble at all, but it could cause confusion.

Just to make it straight, you have filed two identical petitions, which would be processed each. I hope they can clear one so you can guys focus on one.

Get through the USCIS or CSC and see what they can do. They cannot just easily snob this concern.

[jkb11 26]

I do not think it would cause any trouble at all, but it could cause confusion.

Well, the thing is - not paying for that petition kinda puts us in the position of... "owing" money to the government. I'm concerned that ignoring the case might afftect any other pending or future petition we might be filing with USCIS or any other governmental institution. Also, owing money to the gov't doesn't look good on stuff like credit applications and such, right?

Just to make it straight, you have filed two identical petitions, which would be processed each.

Yes, one of them is in the clear, waiting patiently for its turn to be adjudicated. The second one has stop payment on it which already kicked in, and thus, is currently "suspended".

I hope they can clear one so you can guys focus on one. Get through the USCIS or CSC and see what they can do. They cannot just easily snob this concern

I hope for that too. You suggest "getting through the USCIS or CSC and see what they can do". What do you suggest we should do and how should we be doing that, specifically?

Cheers!

[jkb11 26]

So, what do you guys think, also, any other options than ignoring this? I would like to have things set straight with the government.

Cheers!

[Darnell 8,478]

Have a talk with an ISO at the National USCIS Hotline, soonish.

[jkb11 26]

Have a talk with an ISO at the National USCIS Hotline, soonish.

Okay. My question is - is the person that I first talk to an ISO? Or do I have to ask for one specifically? Is that the so called "senior"?

Cheers!

[JnB 6]

I suggest not to ignore it. You have to make it 100% sure that they know and acknowledge what happen. Cause it may show to their system that you filed two i-129f in the last two years and may cause some problem later.

Good luck and I hope they clear and void that first application. .....

I don't see it to be a big problem once they know and acknowledge what had happen.

[Darnell 8,478]

ISO vs CSR -> ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm

[jkb11 26]

ISO vs CSR -> ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm

I see. So, should I just ask for Tier 2 at the beginning of the conversation?

Cheers!

[TBoneTX 45,264]

should I just ask for Tier 2 at the beginning of the conversation?

Absolutely, si man. If the CSR gives you any flak, or insists on reading the canned script, interrupt and politely insist to be escalated to an IO. If the CSR objects (which is likely), kindly remind him or her that he or she is required to escalate your call upon your request.

[jkb11 26]

We received the invoice today in mail. I made a scan, removed all sensitive data and send it as attachments to this post:

The front page states that if we do not make a payment within 14 calendar days from the invoice date, our application will be rejected. We can live with that, since we have a second application being processed normally.

The back page however, lists the consequences of the failure to pay. It states that not only will our application be rejected, we will be charged late files, the debt will be reported to credit bureaus, the tax refund might be offset, etc. etc. which sounds like some serious consequences going on.

I already know I will call USCIS on monday and try speaking to the ISO. Nevertheless, do you think there is any way of not paying the whole invoice for this service? Or should we rather start thinking about gathering the extra $340 for this reason? Or maybe, we should pay now and then ask for a refund?

Cheers

[Moomin 292]

Here's something similar: http://www.visajourney.com/forums/topic/336343-k-1-visa-problems/

It just explains what happened when the correct amount wasn't submitted after getting the same notice you just received.

[jkb11 26]

So, we have contacted USCIS today, and got transferred to Tier 2. The officer was very polite and useful, told us exactly what to do:

- Call DHS Burlington Finance Center and explain the situation

- Send explanation of what happened with both NOA1's and the invoice attached to both Burlington Finance Center and California Service Center

We have already sent the mail, tried calling today but it was past their business hours. We're gonna try tomorrow.

Cheers!