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  • Need advice about NVC

    I petitioned for a K1 visa and recieved an approval dated August 12. When I recieved the approval, the BCIS stated that my case would be sent to the NVC and that I would recieve confirmation of the information going overseas in 2-4 weeks. It is now going on 5 weeks, I have recieved no letter stating our case is being sent overseas. I have faxed our approval over 2 weeks ago to the foreign consulate and requested a provisional file be opened and neither I nor my fiance ever recieved any response on our request to open a provisional file. I have tried to write the NVC via email and I got an autoemail-response saying that I need to wait 90 days to contact them. My approval is only good for 120 days!! I tried to call (long-distance) and was on hold for 20 minutes waiting to speak with someone from NVC and then the line cut off. Is there anyone that can give me advice on what to do?

  • #2
    I petitioned for a K1 visa and recieved an approval dated August 12. When I recieved the approval, the BCIS stated that my case would be sent to the NVC and that I would recieve confirmation of the information going overseas in 2-4 weeks. It is now going on 5 weeks, I have recieved no letter stating our case is being sent overseas. I have faxed our approval over 2 weeks ago to the foreign consulate and requested a provisional file be opened and neither I nor my fiance ever recieved any response on our request to open a provisional file. I have tried to write the NVC via email and I got an autoemail-response saying that I need to wait 90 days to contact them. My approval is only good for 120 days!! I tried to call (long-distance) and was on hold for 20 minutes waiting to speak with someone from NVC and then the line cut off. Is there anyone that can give me advice on what to do?

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    • #3
      WakerJane,

      First off, don't panic. Both the BCIS and NVC are notoriously slow, and although they have not met their processing commitment, that does not necessarily mean that there is a real problem here. In all likelihood, you will be getting a letter from the NVC indicating the case has been forwarded to the appropriate consulate very soon.

      I think the steps you have described so far are appropriate. I would definitely try to follow up with the NVC by phone just to make sure that your application has not gotten "lost in the system"; but, they are probably just running behind. If you cannot get a clear answer by the phone method, you can send them a written status inquiry, but I wouldn't do that until you get a lot closer to the 90 day mark. They are not going to respond to a written inquiry before then, and it is theoretically possible that you could actually delay action on your case if you send the inquiry early (at least, that is what the BCIS claims). So you know, the usual "response" to such an inquiry is to simply forward the approval on to the consulate without any explanation for the delay (but in the end, an explanation is not as important as getting action on your case anyway).

      Two things to note: the first is that not all consulates are willing to open a provisional file for K1 visas. For example, as of last summer, the Moscow embassy announced that it would no longer do this. However, this policy may have changed. You may want to check and see if the consulate you are dealing with has any particular policy on this issue by checking on consulates website. There is a DOS web page with all of the links to their embassies at: http://www.travel.state.gov/links.html#m. I also have a link to that page up on my website.

      Another thing is that, if it takes the NVC too long to forward your application, the consulate will usually grant you one four-month extension of the approval time.

      Good luck with this. Be sure to post a message later to let me know how this works out.

      Yours,

      Alex Halow, Immigration Attorney
      www.k1fianceevisas.com

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