My I130 Status

[joejoefta]

This is what I received from USCIS about my K1 on Marchl 18, 2009. I have not taken any action.

 

 

*** DO NOT RESPOND TO THIS E-MAIL ***

 

The last processing action taken on your case

 

Receipt Number: WAC0xxxxxxx

 

Application Type: I129F , PETITION FOR FIANCE(E)

 

Current Status: This case has been received from the State Department with a request we review it.

 

On March 18, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

 

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

 

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

 

 

Sincerely,

Edited May 12, 2009 by joejoefta (see edit history)

[HKG]

I received the same letter, but after this letter there is another one that will ask you if you wish to continue or withdraw and you have 33 days to do so, it is this letter I wonder about affecting the CR1 if ignored.

[joejoefta]

I received the same letter, but after this letter there is another one that will ask you if you wish to continue or withdraw and you have 33 days to do so, it is this letter I wonder about affecting the CR1 if ignored.

 

From the input I have received from this site you can just ignore the letter.

[joejoefta]

Sent my I-864 to NVCGuangzhou@state.gov on May 12, 2009

[HKG]

We were considering the CR1 until I receive a letter for the K1, may answer the K1 and go that route again. What would be the better way for the visa?

Edited May 13, 2009 by HKG (see edit history)

[ellis-island]

Maybe I'm missing something. All I see is an email saying the consulate sent us your case. Don't call us - we'll call you.

 

NOIR/NOID letters come with specific heavy paper-stock cover sheets,

like RFE's. NOIR's are blue. The date posted in large fonts is the date by which petitioner must respond.

The time period represents 30 days + 3 if the letter was sent by mail.

Normally, that equals less than 30 days by which you have to respond.

 

BTW, the processing times for K-1 review are NOT listed at the USCIS

website. And they are NOT listed in the USCIS processing goals site.

 

Finally - a few words to the wise - NEVER ignore anything sent to you

by USCIS about a petition that has been returned by a consulate,

unless the correspondence tells you to ignore it.

 

NEVER WITHDRAW a petition that has been returned by a consulate

because the consulate thought the relationship was a sham.

 

Why? First off, the consulate places a p6c marker in the

Beneficiary's data base. That is a fraud/misrepresentation

finding. (see below)

 

USCIS 8 CFR 205 states that withdrawing a petition is a form of

revocation. It is auto-revocation.

 

So what happens when a petition returned by a consulate on the merits

is revoked?

----

9 FAM 40.63 N10 MISCELLANEOUS

9 FAM 40.63 N10.1 Misrepresentation in Family

Relationship Petitions

(CT:VISA-1030; 09-22-2008)

Pursuant to 8 CFR 205, invalidation of a labor certification for fraud in

accordance with the instructions of USCIS or the Department of State

automatically revokes an employment-based immigrant visa (IV) petition.

On the other hand, USCIS retains exclusive authority to disapprove or

revoke family-relationship IV petitions. Thus, a misrepresentation with

respect to entitlement to status under a family-relationship petition, e.g.,

document fraud, sham marriage or divorce, etc., cannot be deemed

materials long as the petition is valid. Upon discovery of a

misrepresentation, you must return the petition to the appropriate

USCIS office. If the petition is revoked, the materiality of the

misrepresentation is established.

--

 

What happens is your beneficiary is likely to have a 212(a)(6)©(i) misrepresentation finding of inadmissibility waiting for her at her next interview.

 

General rules with petitions that have been returned by consulates.

1. Withdraw nothing. 2. Respond to everything. (Unless the notice tells you not to respond).

[joejoefta]

We were considering the CR1 until I receive a letter for the K1, may answer the K1 and go that route again. What would be the better way for the visa?

 

I just call USCIS automated system and my I-129 is still being review and it said to wait 180 days before inquiring. I think you should go with the CR1.

[joejoefta]

Update: I received an email on May 13, 2009 with new case #. Below is the email.

Dear Sir/ Madam,

 

The NVC has received your correspondence indicating that the applicant listed below wishes to participate in the electronic processing of their Immigrant Visa Application at the Consulate in Guangzhou, China. This correspondence is to notify you that the applicant's case number has changed. The new case number starts with GZO (instead of GUZ) and is followed by a new set of ten numbers. This change was made to identify the case for both the NVC and the Consulate in Guangzhou as participating in electronic processing.

 

Your new case number is. Please reference this case number for all future correspondence with the NVC and the Consulate in Guangzhou.

 

 

 

 

Case Number: GZO2009xxxxxx

Beneficiary's Name:

Preference Category: CR1

Your Priority Date: 08Mar2009

Foreign State Chargeability: CHINA - MAINLAND

U.S. Embassy/Consulate: CONSULATE GENERAL OF THE U.S.

1 SHAMIAN STREET SOUTH

GUANGZHOU 510133

PEOPLE'S REPUBLIC OF CHINA

 

Regards,

NVC Document Review Team

National Visa Center

SERCO Inc.

NVCGuangzhou@state.gov

"Follow criteria as outlined on http://travel.state.gov/visa/visa_4409.html"

[Sebastian]

Hey Joe - I gots a request for ya -

 

You did the electronic stuff at NVC - I'm interested to know IF NVC is sending a physical casefile (via DHL) to GUZ (as 'normal' ) or if they've scanned in all the relationship evidence you submitted on intitial submission - and sending the entire casefile electronically to GUZ.

 

I don't know how to tell ya 'what' to look for - but as you're calling DOS for case status in the next few weeks - please - keep an ear out ?

 

THANKS IN ADVANCE !!!! Warmest Regards....

Edited May 15, 2009 by Sebastian (see edit history)

[Randy W]

Hey Joe - I gots a request for ya -

 

You did the electronic stuff at NVC - I'm interested to know IF NVC is sending a physical casefile (via DHL) to GUZ (as 'normal' ) or if they've scanned in all the relationship evidence you submitted on intitial submission - and sending the entire casefile electronically to GUZ.

 

I don't know how to tell ya 'what' to look for - but as you're calling DOS for case status in the next few weeks - please - keep an ear out ?

 

THANKS IN ADVANCE !!!! Warmest Regards....

 

 

The deal is that your wife MUST bring ALL hard copies of everything submitted electronically to the interview, or NO visa..

 

After the NVC has completed processing the applicant's petition, the applicant will need to present the original physical documents to the US Embassy/Consulate at the time of the applicant's visa interview. Failure to do so may cause a delay or denial of the visa being sought.

 

http://travel.state.gov/visa/visa_4409.html

Edited May 15, 2009 by Randy W (see edit history)

[Sebastian]

Randy - yup - I know that - thanks for bringing it up, though -

I'm asking Joe to keep an ear out, cause I'm looking fo REDUCED TIME (if possible) between NVC-out and GUZ-open.

 

The documents in question are not relationship evidence for an I-130. What I'm interested in, is the 'rest' of the casefile , that a petitioner submits on Day 0, and historically got sent out in the packet from NVC to GUZ. So, of course, what *I* am looking for/at - is some possibility that this 'dead-zone' of time gets eliminated cause ALL of the casefile is electronic . NVC electronic processing doesn't get ALL of the casefile docs - just those listed..

 

It was a request, for Joe...

Edited May 15, 2009 by Sebastian (see edit history)

[joejoefta]

Hey Joe - I gots a request for ya -

 

You did the electronic stuff at NVC - I'm interested to know IF NVC is sending a physical casefile (via DHL) to GUZ (as 'normal' ) or if they've scanned in all the relationship evidence you submitted on intitial submission - and sending the entire casefile electronically to GUZ.

 

I don't know how to tell ya 'what' to look for - but as you're calling DOS for case status in the next few weeks - please - keep an ear out ?

 

THANKS IN ADVANCE !!!! Warmest Regards....

 

 

I was wondering that myself about my case file if all the documents are sent to GUZ electronically. I¡¯ll give an update about this when my case transition to GUZ.

[Sebastian]

Thanks so MUCH, Joe - my apologies for the thread drift.

[joejoefta]

Email DS-230 today to NVC

[joejoefta]

Received the following email from NCV today.

 

Dear Sir/Madam,

 

All documentation necessary to complete the National Visa Center 's processing of your case has been received. As soon as an interview date has been scheduled, the applicant, petitioner and attorney (if applicable) will be notified.

 

The applicant should NOT make any travel arrangements, sell property, or give up employment until the US Embassy or Consulate General has issued a visa.

 

The US Embassy or Consulate General may require additional documentation at the time of the interview.

 

Regards,

NVC Document Review Team

National Visa Center

Serco Inc., Support Contractor

NVCGuangzhou@state.gov