After 221(g) and visa refusal ,yesterday the USCIS received our petition

What is next.......

I am so sorry dear. This kind of thing hurts like a b****. I know how you feel, listen I think the most comprehensivelist of what happens and what to do for returned petitions are here:
http://www.visajourney.com/forums/index.php?showtopic=2687

poster: kiya

Since it has come back, it will go through a pouch and the details are in the post. You must be proactive to track and stay on top of it. But similar to Administrative processing (which is what my husband is on) waiting is the most "effective" thing. Most people are successful at getting the visa after it has gone through its round at USCIS. Do not worry and read through the link.

May God with you.

Stay strong. Prove your patience.

Tammy

you need to give the denial codes/ reason(s)

This will determine your course of action

Did they give the option for a waiver, if so it will be listed on the sheet.

They did not tell us about the reasons for denial and they did not tell the senator either.

They wont tell the reasons usually, so it is definately back???? If its back u wont need the pouch number. Ok its a k3 in calif correct? usually the k1 just expires but the only k3 i have known are still just waiting in limbo for them to review and ask for more information, unfortunately the returns just go to the bottom of the stack, but try to keep your rep on to them asking what more is needed.....

Do you think it will spend long time in the USCIS before reforwarding it to the embassy...

Ok it was at the embassy you had interview, it was returned, (right) the ones i know of have been well over a year in waiting

I know its not good for a return of any kind (take my word) mine was expired same month it came back but im thinking the k3 wont expire. So get with your rep and stay after them to keep it current and try to find out what more information you can send to them to help move it alone but it is a long slow process (do u have any idea of your own what area it may have been short it)

Yes,the black officer was not satisfied of the age difference between us and there was no proof that my wife's family was happy of our marriage.............

I did not know that "proof" of acceptance by the wife's family was required...

Ok age we can not change it is what it is, do you have letters from both families and friends showing their approval or concern for the marriage.

We will prepare that

lots of pictures showing u as a couple with family? together on insurances? together on other receipts? continued correspondence regularly?

it may not be REQUIRE but an excuse as such, if you ask my mom she would prob say no also, but each of my kids talk to him (grown kids) and gave me letters of acceptance i sent with the application

I see

an excuse for refusal that is subjective to overcome

age, divorces, family, money they just put a little of this and a little of that together and send it back. Here we might not consider family approval so high but some cultures it is very important. Its really hard when they dont come right out and line out what we did wrong, but all this is so much (their opinion) who are they to say anyone of any age doesnt have a good relationship (again their opinion) based on what the family doesnt agree, not enough conversations, not enough trips how do we know....lately i have seen those that have the engagement party (alot of cultures expect) then u have it but now it looks like the wedding, again where is their proof that this now appears to be a wedding....it is very hard and confusing

You are right completely ,and everyone knows that ,if the embassy black officer woman was my wife then she would not send the petition back to USCIS....

His is being returned to USCIS as an invalid petition, not a waiverable return, he has to submit supplemental evidence of valid relationship. . .this has been going on a long time.

One_Heart, would you please quit referring to her as the "black" embassy officer. . .it is unnecessary.

You should consider filing a new I-130/I-129F. Include reference to the returned petition and include all your evidence of your valid relationship with the new petitions. Include your strong objection to the accusation of fraud to put that on record and include information as to the CO's improper handling, as applicable (not providing reason for the return, not allowing you to present further evidence, re-adjudicating the petition, etc.)

See the FAM and this DOS cable for info on what the CO is 'supposed' to do and how they overstep when they jump to conclusions or base decision on assumptions/illogical conclusions, etc.

By filing the new petition, you will force them to put you in their queue (most likely much shorter than waiting for them to review the returned petition) and pull that previous petition for review. Once the new petition is approved, including reference to the prior one, they will have to find another reason if they still want to deny you.

http://travel.state.gov/visa/laws/telegram...grams_1388.html

Hi, sorry for that .
I have 221(g) too but on it it's say require additional processing what that mean?
Have good luck to everyone

Refiling will not add benefit and will lead to same result that is (221(g)) ,being patient for over a year is the solution.

One heart, what exactly are you basing this on? You are incorrect.

Waiting for the NOID and review is an OPTION, but it is not the only one.

Filing an new I-130/I129F is another Option. That is what I did and it was based on recommendation from attorney. My husband's visa was issued based on the new I-130.

Under either option, if you receive an NOID, you SHOULD respond to it, even if you filed a new petition.

Read the following statement from the department of state site :
"When Can a petitioner refile after a denial? A petitioner may refile at anytime, however, if a petition is pending for further review, the consulate may hold any new approved petition until USCIS has completed their review of the original returned petition."
That the new filed petition will be linked to the original petition that is to be like walking in a close circle.

[/quote]
Read the following statement from the department of state site :
"When Can a petitioner refile after a denial? A petitioner may refile at anytime, however, if a petition is pending for further review, the consulate may hold any new approved petition until USCIS has completed their review of the original returned petition."
That the new filed petition will be linked to the original petition that is to be like walking in a close circle.
[/quote]

When you file a new petition, it is filed with USCIS. On the I-130 it asks if you have filed for anyone before. You list there the previous petition and who it was for (the same beneficiary). It also asks for outcome of that previous petition. You include your evidence of your relationship and rebuttal of the alleged allegations against your relationship that were used to deny at the embassy. This action will necessitate USCIS pulling the returned petition for review in order to adjudicate the 2nd one. (Rather than waiting in the last priority pile returned petitions go into.)

Once the new petition is approved, including consideration of the 1st returned petition and the alleged reasons for the prior denial, DOS should approve the visa.

What that DOS statement you noted is referring to, is an approved petition that arrives at the consulate prior to the review of the first returned petition. This usually used to occur if the I-129F was the one that was returned and then the I-130 comes through before review of the returned one. NVC has been pulling the I-130 back though when an I-129F is returned so the chance of this happening is much lower now.

It doesn't affect a new petition filed with USCIS

In our case it was even a bit different. We filed our new petition as DCF (before they stopped it). In it we included reference to the prior returned petition (it was I-129F for K1). At the interview I told the CO all about what had happened, including my opinion about what they had done (not complementary, for sure). Our I-130 was approved at the consulate and eventually, our visa was issued.

I never did hear anything on our returned petition. It was sent to CSC before they changed the procedure for NVC to act as a clearinghouse for them. Through the help of my Congressman, CSC told us it was low priority and they would review it in about 4 years. They never did. But because we had pursued a new petition, it didn't matter.