Keoman

Thought I’d give an update on our case and vent off some frustration. As you can guess from the title we are having a few issues at the NVC stage! On a previous thread I’d commented back in March how our documents were refused at NVC due to requiring a signature, I’ve since been told by a NVC supervisor this shouldn’t of happened, hey ho.

Anyway my wife had copies and sent off another package which this time made it into the building and we thought we would have a case complete soon, which was going to work out nicely as we are trying to buy a house for when I arrive.

Couple of weeks ago we get the dreaded NVC checklist email, asking for my military records, as I’m ex serving. Of course we had included my records and I had obtained them through correct channels back in January in preparation for this.

Unfortunately the reciptory page on the State Dept website is years out date as I’ve had several phone calls with NVC now and they are quoting the information from here. The base I’m supposed to obtain my records from closed in 2008 and the discharge certificate they want to see doesn’t exist anymore, it’s been replaced by a ‘Certificate of Service’. I have explained this to them till I’m blue in the face! But they have put our case on hold pending further investigation.

So on thinking we were literally done with this process and could plan summer together we are now in limbo, waiting to see what the NVC says next! Can’t think of anything else that we can do! Anyway glad I got that off my chest

Rete

Think it is time to call in the big guns. Contact the wife's political rep's immigration help office and let them intervene on your behalf. You can do this through their online website.

kbales

Wow, what a nightmare! I'm so sorry that this is happening. I wish you and your wife the best of luck! Hopefully it will all be sorted quickly.

S Folinsky

I sympathize - I am a US Vietnam era veteran and Department of Defense has effing lost my personnel records and I can't obtain a copy of my DD-214! And, no, my service was after records destroyed in that fire.

A congressional inquiry is only as good as the staff person that handles it. I don't think it will be all that helpful.

The Reciprocity tables are treated as Gospel Truth. That said, they are sometimes wrong. In such case one must comply with the procedures stated in tables and fail. The attempt(s) and failures must be documented. Then, and only then, can you either not submit a document or submit a different document.

Phone calls don't do it.

In as much as "DCF" applications bypass NVC, I wonder if the LND consular section might have information.

Good luck.

Keoman

I could of added that my wife has already contacted her local congressman’s office and they have basically said that while it’s still in process they won’t get involved. I have contacted the embassy in London giving brief explanation of what’s happening, they have replied basically not interested while NVC are dealing with it!

I offered NVC the correct information for service records but they weren’t interested. I’ve also now written a long email giving detailed account of all that’s happened and that they look to expedite our case.

S Folinsky

The required documentation for an immigrant visa is set forth in the Immigration & Nationality Act, Department of State regulations and volume 9 of the Foreign Affairs Manual. They also allow for and prescribe procedures on what to do if the required document is unavailable.

I just looked it up again. My memory has not failed me. I already described the required path. In US Army argot, this must be done "by the numbers." I have the distinct impression from your postings that you have not done this. (I may be wrong, but I have not seen your paperwork).

Good luck.

Keoman

Well good news, I’ve no idea if the email had anything to do with it but we are now case complete! So now just waiting on the interview email.

Rete

What absolutely wonderful news for you and the Mrs. Finally, the gods that be that govern USCIS decided it was time to act and pull the finger out of the dike.

S Folinsky

Good.

S Folinsky

A general comment, if I may. If anybody wants to incorporate this into the instructive essays in these forums, feel free to do so.

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The provisions of the Immigration & Nationality Act, the immplementing regulations, the Foreign Affairs Manual (FAM) set forth what documentation is required. However, the law does recognize that foreign documentation might not be available. In such cases, it is either not necessary to produce the documentation or provide suitable alternative documentation.

For general availability and acceptable alternatives, the "Reciprocity Tables" are the authoritative source. For visa applications, these tables will be contolling.

In individual cases, documents will not be available despite what the tables state. Documents may be missing from official records. Sometimes, the Reciprocity table is wrong. In such cases, it is incumbent on the applicant to document the unavailability. Quite often, the record keeper will issue a certificate of unavailability. Even if it is not possible to get a certificate of unavailability, an applicant should make a written request and let the passage of time demonstrate unavailability. Sometimes, it is incumbent to make two written requests.

Once a document is determined to be unavailable, an endeavor should be made to provide "secondary" or alternative documentation. What is acceptable can vary on the specific circumstances.

It is essential that specific unavailability be documented. Absent such documentation, availability of the documentation semt forth in the reciprocity tables will be presumed.

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Leaving the general comment behind and looking at OP's situation, his stated facts show that as of last January or at sometime before, he found out that the "certificate of discharge" was not available as per the reciprocity table. He therefore obtained an alternative document. Since the document was not in compliance with the reciprocity table, it was rejected.

It strikes me that OP should have obtained documentation of nonavailability and what the alternative documentation was. This should have all been submitted together.

Keoman

I do appreciate you taking the effort into looking into possible courses of recourse and fortunately I no longer need to worry into what to do next. The NVC only request a copy of military records, it doesn’t go into any detail of what exactly.
Now back in January I did obtain my records and they were sent off, it was only when NVC sent the checklist that this ‘Discharge Certificate’ all of a sudden came up after several phone calls. The actual email simply stated send in military records, I spoke to the Disclosures team who are responsible for military records and explained to them what I was doing. They had said they had dealt with immigration requests before and that the ‘Certificate of Service’ was all they issued.
This is a very rare case and unlikely to come across these pages again! I was just unlucky then I guess got lucky in the end as NVC could have delayed our application for a long time, while they looked into this. End of day we are happy that our file will now be making its way to the London embassy and the light at the end of the tunnel is moving closer again!