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Old Jan 9th 2006, 12:24 pm
  #31  
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Default Re: Please help me!!

mukherji,

I wrote a letter to the NSC, telling them that I was withdrawing the I-129f petition, on the basis that we had married and so I would soon be submitting an I-130 petition instead.

I did get a response from the NSC, about 2 months or so after sending the letter, telling me that the I-129f petition had already been approved. I never did receive an Approval Notice for the petition, however, and the Online Status never showed approval.

Afer submitting the I-130 to the NSC I did also submit and I-129f for spouse to the NBC, and my wife did end up getting a K3 visa because the I-129f was approved long before the I-130.

Don't make too much of all this, it may not be relevant to your situation.

Regards, JEff

Originally Posted by mukherji933
Hi Jeff,

When you wrote a letter to the service center to tell them you are
withdrawing your I-129F petition, did they ask you the reasons (or did
they not ask you the reasons for withdrawal because you stated your
reasons in your letter)?
Did the service center send you a response to your withdrawal letter?
If they did, how long did it take for you to get it? Just curious, what
service center was it? Texas or CA...other?

Did you take the K3 route?
If not, how long did your I-130 process take for your wife to get the
interview?
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Old Jan 9th 2006, 12:34 pm
  #32  
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Default Re: Please help me!!

Jenny,

I wondered about this too, when I read Arijit's post. The info that you found appears to be a bit dated, given the reference to the INS and the fact that the USCIS does not send approved petitions directly to the consulates any longer. One would think that the NVC would send the petitions to the correct consulate.

I would be interested to find out what's behind this paradox also, but as mukherji doesn't otherwise seem to be a troll I'm willing to give him the benefit of some kind of misunderstanding at this point.

Regards, JEff

Originally Posted by Jenney & Mark
I was curious about this, too, because in all the time I've spent in this forum, I've never heard of Kolkata. So I did a some Googling and discovered that Kolkata=Calcutta.

After a 2-3 minute search, I found the following (emphasis added):


US Consulate General, Calcutta, India: FAQ About Immigrant Visas, Orphan Immigrant Visas And Fiance(E) Visas:

FIANCE(E) VISAS

Q. 1.
Has the Consulate received the fiance(e) visa petition, and when can my fiance(e) get his/her visa processed?

Answer: We do not process fiance(e) visa petitions at the American Consulate General, Calcutta. If we receive the approval, we forward it to the American Consulate in Mumbai for visa processing. Further information regarding when the application will be processed would have to come from them.

Q. 2. Why does the American Consulate in Calcutta not process fiance(e) visas, when the applicants are from our consular district?

Answer: All processing of fiance(e) visa applicants from our Consular District ... has been handled by our American Consulate General in Mumbai since July 1992.

Q. 3. If the American Consulate in Calcutta is not processing the fiance(e) visas, why are the USINS offices still forwarding the petitions to Calcutta?

Answer: Sometimes files get accidentally routed to the Calcutta Consulate. Please contact the USINS office if your case has been mis routed. Also, please request that your case be sent to Mumbai while filing the petition.

Q. 4. What documents should we bring to the interview?

Answer: Please contact the American Consulate General, Mumbai for documents requirements.


So the question is: How could the OP's fiancee have her K1 fiancee visa interview at a consulate that hasn't processed K1 fiancee visas for more than 13 YEARS???

~ Jenney
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Old Jan 9th 2006, 2:48 pm
  #33  
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Default Re: Please help me!!

I went back and read my own original post. I see how I messed up - we
had the interview in Mumbai.
My fiancee lives in kolkata and when she got her interview, I went to
Kolkata to be with her. We then went to the embassy for the interview
and in typing all that text (I was posting from work and did not
preview it before posting), I failed to mention the embassy we went to
is in Mumbai. My apology, sorry.

meauxna wrote:
    > > Thanks Rene.
    > >
    > > I am thinking of the K3 route. How long does it take? I think the I-
    > > 130
    > > process is a long one - Texas folks have to apply at CSC which now
    > > lists processing a receipt date of July 5,2005 for the I-130.
    > >
    > > What is your opinion of the K3?
    > > DCF is another option, but I have heard bad things from Indians who
    > > did
    > > it there. Looks like DCF is a discretionary thing and I DONT WANT MY
    > > CASE TO BE DISCRETIONARY any more. We already suffered with the K1.
    > All visa processing is discretionary.
    > Did you read my thoughts about cultural norms? Are you a mixed-heritage
    > couple? Have you considered that you may have other issues to address
    > than simply re-filing? Do you know that being married is no guarantee of
    > a visa? Can you comment on arijit's comment about where you went for the
    > fiance process?
    > If you have these "issues" in your case, they are not going to go away
    > *just* by being married. Lots of couples have done what you propose and
    > have been successful, but you seem to be ignoring the underlying problem
    > with your petition. It is quite unusual to have a petition returned to
    > the Service Center.
    > DCF is not discretionary if you are physically present in India for 6
    > weeks. If you are, you may file your peition in New Delhi.
    >
    > --
    > Posted via http://britishexpats.com
 
Old Jan 9th 2006, 2:53 pm
  #34  
mukherji933
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Default Re: Please help me!!

Yes I did consult with several lawyers and as I stated earlier, each
one gives a different and conflicting advise. That is when I wanted to
get user opinions on this board.
 
Old Jan 9th 2006, 3:03 pm
  #35  
mukherji933
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Default Re: Please help me!!

Hi Jeff, I did not understand your sentence "wouldn't be surprised if
the
bigger impact isn't at the consulate if and when the new I-130
petition arrives. " Can you please explain?
Thanks.
 
Old Jan 9th 2006, 3:07 pm
  #36  
mukherji933
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Default Re: Please help me!!

Hi Jeff, how much time did it take in your case to get visa from the
time you received notice of I-130 approval to the time of getting K3
visa?
Thanks.
 
Old Jan 9th 2006, 3:59 pm
  #37  
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Default Re: Please help me!!

mukherji,

I mean that, having refused the K1 visa, the consulate may be no more receptive to a subsequent K3 of immigrant visa application. If the reason for the K1 visa was that they didn't believe the relationship was 'real', it wouldn't surprise me if you have the same problem with a K3 or immigrant visa.

Regards, JEff

Originally Posted by mukherji933
Hi Jeff, I did not understand your sentence "wouldn't be surprised if the bigger impact isn't at the consulate if and when the new I-130
petition arrives. " Can you please explain?
Thanks.
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Old Jan 9th 2006, 4:07 pm
  #38  
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Default Re: Please help me!!

mukherji,

You seem to misunderstand something. I explained why my wife applied for a K3 visa. She was in the USA and had her application for adjustment pending by the time that my I-130 petition was approved.

In any event, since she didn't apply for her visa at the same consulate that serves your fiancee, the information would not be relevant to you.

Regards, JEff

Originally Posted by mukherji933
Hi Jeff, how much time did it take in your case to get visa from the time you received notice of I-130 approval to the time of getting K3
visa?
Thanks.
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Old Jan 10th 2006, 12:32 am
  #39  
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Default Re: Please help me!!

Tia,
Please do a search in the US Marriage Based Visas for Mumbai and other India related questions.
They are notorious... I think their intitial reaction to ANY petition is to put them on administrative review.
Then they issue humiliating requests and demonstrate insulting behavior at interviews.
But, the good news is, that int he end, many couples do get their fiancee visa.
You and your love are in it for some time now, why give up now...only to have to start all over?
I would reconsider if I were you!
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Old Jan 10th 2006, 2:33 am
  #40  
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Default Re: Please help me!!

Originally Posted by Petra
Tia,
Please do a search in the US Marriage Based Visas for Mumbai and other India related questions.
They are notorious... I think their intitial reaction to ANY petition is to put them on administrative review.
Then they issue humiliating requests and demonstrate insulting behavior at interviews.
But, the good news is, that int he end, many couples do get their fiancee visa.
That is a load of crock. My wife and I processed through Mumbai, as did many of my friends. Heck, if you see the sheer size of the Indian community in this country that used to live in the Mumbai consular district, you'll realize how improbable it is that they put all or even most cases on AR. I have interacted plenty with the folk at the Mumbai consulate and they have never come across as anything but professional. All experiences I've heard of first-hand (i.e. excluding what I read online) indicate the same thing as well. They may be hurried and rushed and understaffed/underfunded, but they certainly are not the monsters many on the Internet make them out to be.
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