does it normal to wait so long time?

[amanio2003]

Aug, 31, we got NOA 1 for K1 from VSC center

 

then we are requested to turn in more evidence or information for our case,

 

November 25, the USCIS received the material my fiance mailed to them.

 

Now, almost two months passed, we still got nothing.

 

Some people suggest we should apply again. to reapply may be more faster than waiting here.

 

Does it normal to wait so long for NOA 2 in VSC center after turn in more materails?

 

Thanks!

[Guest ShaQuaNew]

Aug, 31, we got NOA 1 for K1 from VSC center

 

then we are requested to turn in more evidence or information for our case,

 

November 25, the USCIS  received the material my fiance mailed to them.

 

Now, almost two months passed, we still got nothing.

 

Some people suggest we should apply again. to reapply may be more faster than waiting here.

 

Does it normal to wait so long for NOA 2 in VSC center after turn in more materails?

 

Thanks!

181448[/snapback]

First, let me say Welcome to Candle....:candle:

 

Second, it would be helpful to know more specifics about your case. Perhaps you can share some of the following:

 

1. Are you the beneficiary (fiance{e}) or petitioner (US citizen)?

2. Do you have the receipt number for the case as depicted on the I-797C, or NOA1?

3. Did you receive an RFE? If so, when? What was the nature of the RFE?

4. Has you or your partner received any other communication from the USCIS or NVC?

 

Thanks

[frank1538]

VSC processing times are typically faster than your timeline, but you were given and RFE (Request for Evidence). Depending on what information was requested, it could take you a bit longer. You are fortunate in that the application went to VSC. Other service centers can take up to 6 months just to approve the petition.

 

I would not recommend submitting a second I-129F. Rather, I would wait on the decision that will be made on your original I-129F.

[amanio2003]

First, let me say Welcome to Candle....:candle:

 

Second, it would be helpful to know more specifics about your case. Perhaps you can share some of the following:

 

1. Are you the beneficiary (fiance{e}) or petitioner (US citizen)?

2. Do you have the receipt number for the case as depicted on the I-797C, or NOA1?

3. Did you receive an RFE? If so, when? What was the nature of the RFE?

4. Has you or your partner received any other communication from the USCIS or NVC?

 

Thanks

181460[/snapback]

Thanks for your reply

 

I live in China and my fiance lives in Boston.

 

we appled K1 last year.

 

one months later after we got receipt number which stars with eac*****, USCIS asked my fiance to turn in more 'evidence or information' for our case.

 

my fiance explained later ,it is because he could only get married again three months after his divoice by law in MA--we must wait till November.

 

'On November 25, 2005, we received your response to our request for evidence or information. It is taking between 30 and 45 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.'---that's the status of our case checked on net.

 

we've kept waiting for almost 2 months but still got nothing.

 

Should we apply again or keep waiting?

 

Thanks!

Edited January 11, 2006 by amanio2003 (see edit history)

[Guest ShaQuaNew]

I live in China and my fiance lives in Boston. we appled K1 last year. ....

 

USCIS asked my fiance to turn in more 'evidence or information' for our case.

 

my fiance explained later ,it is because he could only get married again three months after his divoice by law in MA--we must wait till November.

we've kept waiting for almost 2 months but still got nothing.

 

Should we apply again or keep waiting?

 

Thanks!

181467[/snapback]

Thank you for providing a little more information, it helps us all better understand what is happening for you.

 

I am however a little confused by your reply. You mentioned that your fiance, the US Citizen had a divorce close to the time that he applied for the fiance visa. Do you know whether or not his divorce was complete at the time of filing?

 

If he was not free to marry when the petition was filed, in other words the divorce was not final, then he would not meet the requirement of being free to marry. If on the other hand the divorce was complete and final according to the laws of Massachusettes, then you simply need to continue to wait for the K1 petition to be adjudicated by the USCIS.

[frank1538]

one months later after we got receipt number which stars with eac*****,  USCIS asked my fiance to turn in more 'evidence or information' for our case.

 

my fiance explained later ,it is because he could only get married again three months after his divoice by law in MA--we must wait till November....

 

Should we apply again or keep waiting?

 

Thanks!

181467[/snapback]

Maybe someone will correct me if I am wrong, but I think that the peritioner (the US citizen) must be legally able to marry at the time the petition is filed. Your facts are a little sketchy on this point, but if I am reading your post correctly, it sounds like your fiance may have filed the I-129F before he could legally marry again under Massachusetts law. While the marriage laws vary from state to state, my gut suggests to me that the laws of the petitioner's state of residence will likely govern whether he or she is legally able to marry.

 

Given this new information and if my understanding is right, you might want to consider withdrawing the petition and re-filing now that your fiance can legally marry. In my view, it is better to do this than to have a outright denial of the I-129F in the files.

[amanio2003]

I

181467[/snapback]

Thank you for providing a little more information, it helps us all better understand what is happening for you.

 

I am however a little confused by your reply. You mentioned that your fiance, the US Citizen had a divorce close to the time that he applied for the fiance visa. Do you know whether or not his divorce was complete at the time of filing?

 

If he was not free to marry when the petition was filed, in other words the divorce was not final, then he would not meet the requirement of being free to marry. If on the other hand the divorce was complete and final according to the laws of Massachusettes, then you simply need to continue to wait for the K1 petition to be adjudicated by the USCIS.

181469[/snapback]

Thanks for your kindness.

 

the divorce case of my fiance was complete on Aug last year. so we appied at the end of Aug.

 

then we received RFE from USCIS.

 

my fiance explained it is because he could only get married again three months later after divorce by the law of MA.

 

I dont know what really happened.

 

My fiance called to ask if we could apply again, they said yes. So he asks me mail materials to him again.

 

What should I do?

 

Thanks!

[Guest ShaQuaNew]

the divorce case of my fiance was complete on Aug last year. so we appied at the end of Aug. then we received RFE from USCIS.my fiance explained it is because he could only get married again three months later after divorce by the law of MA. I dont know what really happened.

 

My fiance called to ask if we could apply again, they said yes. So he asks me mail materials to him again.

 

What should I do?

 

Thanks!

181471[/snapback]

It sounds as though your partner was NOT free to marry when you filed the petition. If that is the case, then your best course of action may be to do as Frank stated in his post; withdraw your current petition and file again.

[amanio2003]

It sounds as though your partner was NOT free to marry when you filed the petition. If that is the case, then your best course of action may be to do as Frank stated in his post; withdraw your current petition and file again.

181473[/snapback]

Thanks for your suggest.

 

It seems my fiance and I have wasted too much time already. We should have applied again on Dec last year while not keeping waiting for so long time.

 

It is really some kind of torture, I couldnt even concentrate on my work sometimes although my woryy could do no help at all.

 

really appreciate for your caring of my case.

[Guest ShaQuaNew]

It seems my fiance and I have wasted too much time already. We should have applied again on Dec last year while not keeping waiting for so long time.

181476[/snapback]

If you truly LOVE each other then it is NOT a waste of time. Think about it, though disappointing, you really haven't lost much time. Your fiance can withdraw this petition now and file right away. You won't have long to wait from there.

[shyaushu]

There has been a great deal of excellent technical advice here, but none more relevant that the latest posting -- if you two love each other it is not a waste of time.

 

You may have to back up a little and re-apply (I don't know that, one way or another) but if your fiance is actually free to marry at the time you file your petition, then your case should proceed like everyone else's.

 

It is torture for everyone. But it eventually does work out for most of us, and there are some good aspects to the long wait. It allows your love to deepen, for example, and you can understand more and more what you mean to each other.

 

So . . hang in there.

Edited January 11, 2006 by shyaushu (see edit history)

[amanio2003]

There has been a great deal of excellent technical advice here, but none more relevant that the latest posting -- if you two love each other it is not a waste of time.

 

You may have to back up a little and re-apply (I don't know that, one way or another) but if your fiance is actually free to marry at the time you file your petition, then your case should proceed like everyone else's.

 

It is torture for everyone.  But it eventually does work out for most of us, and there are some good aspects to the long wait.  It allows your love to deepen, for example, and you can understand more and more what you mean to each other.

 

So . .  hang in there.

181479[/snapback]

I know I learned a lot during these period.

 

Maybe God gave us this chance to calm down, become more patient and to understand each other much deeper.

 

We really discussed a lot on quite differnt topics--the difficulties in our work, the hobby we have in free time, the expectations we hold for each other and of course the plan of our future family.

 

We are so sure than any time in our life that we are mean to be together.

[david_dawei]

I

181467[/snapback]

Thank you for providing a little more information, it helps us all better understand what is happening for you.

 

I am however a little confused by your reply. You mentioned that your fiance, the US Citizen had a divorce close to the time that he applied for the fiance visa. Do you know whether or not his divorce was complete at the time of filing?

 

If he was not free to marry when the petition was filed, in other words the divorce was not final, then he would not meet the requirement of being free to marry. If on the other hand the divorce was complete and final according to the laws of Massachusettes, then you simply need to continue to wait for the K1 petition to be adjudicated by the USCIS.

181469[/snapback]

Thanks for your kindness.

 

the divorce case of my fiance was complete on Aug last year. so we appied at the end of Aug.

 

then we received RFE from USCIS.

 

my fiance explained it is because he could only get married again three months later after divorce by the law of MA.

 

I dont know what really happened.

 

My fiance called to ask if we could apply again, they said yes. So he asks me mail materials to him again.

 

What should I do?

 

Thanks!

181471[/snapback]

I'm not sure if this 'three month' issue is truly as your husband states... I had a similar experience with the 'three month' issue and will explain, but I was able to file within three months of my 'final' divorce.

 

---

 

One issue in MA that you should also be aware is that there are two documents that are filing on the divorce by the family court: "Judgement of Nisi" and "Absolute".

- The first one states that the judge approves the divorce and I received this in the mail... I thought this was the 'final' notice.

- The second one is three months later and is the true and final decree called "Absolute"... in fact, it is the exact same document in look except they add the word "absolute" near the bottom !! I never received this in the mail and had to go to the court house to get one.

 

The date on the "Judgement Absolute" document is the divorce date you use on any documents and this is the letter you must submit with the petition.

 

From the date of this "absolute", you are able to file immediately.. My file date is two months after this date.

 

---

 

So, he may understand that there is a three month window... but must also go to the court house and get a copy of the "absolute" document.

 

---

 

If he submitted the I-129F petition prior to the "absolute" date, then I think he is ineligible (as Frank says, ineligble to file and petition). If he simply submitted the wrong document, then you can correct this by sending them the correct one.

[amanio2003]

[i'm not sure if this 'three month' issue is truly as your husband states... I had a similar experience with the 'three month' issue and will explain, but I was able to file within three months of my 'final' divorce.

 

---

 

One issue in MA that you should also be aware is that there are two documents that are filing on the divorce by the family court:  "Judgement of Nisi" and  "Absolute".   

- The first one states that the judge approves the divorce and I received this in the mail...  I thought this was the 'final' notice.

- The second one is three months later and is the true and final decree called "Absolute"... in fact, it is the exact same document in look except they add the word "absolute" near the bottom !!    I never received this in the mail and had to go to the court house to get one.

 

The date on the "Judgement Absolute" document is the divorce date you use on any documents and this is the letter you must submit with the petition.

 

From the date of this "absolute", you are able to file immediately.. My file date is two months after this date.

 

---

 

So, he may understand that there is a three month window... but must also go to the court house and get a copy of the "absolute" document.

 

---

 

If he submitted the I-129F petition prior to the "absolute" date, then I think he is ineligible (as Frank says, ineligble to file and petition).  If he simply submitted the wrong document, then you can correct this by sending them the correct one.

181486[/snapback]

Thanks God, you've already finished this tortuing period.

 

My fiance is reading your post now. As he said he still didnt get the "Judgement Absolute" you mentioned although almost two "three month" have passed.

 

Is that possible the reason that our case is still pending now?