QUOTE(Morocco4ever @ Mar 1 2006, 03:09 PM)

I have never seen a petition get back to the service center in only 1 month. Ours took 4 months, and from what I understand that is fast. Of course it is way past time to get your representative involved. Do it now, they can at least help you to locate where the petiton is.
I definitely agree...the time it seems to take for everyone is "at least" six months to hear anything.
The way I understand it the petition is sent back by diplomatic pouch...each petition has a registration number. My Senator was able to get that registration number for me.
After it actually leaves the consulate it goes to directly to the National Visa Center. The NVC has developed a system for tracking all returned petitions. The NVC Fraud Prevention Unit is notified on the petition return, they review the case at the NVC, collect data pertinent to the case and then forwarded on to the local service center where the petition was originally filed and that office notifies the petitioner. I'm not quite clear on who atcually makes the final decision...the NVC or the local service center but am still researching everything to find out as much as possible.
Here is the address where the petition goes to once it leaves the consulate:
National Visa Center
32 Rochester Ave.
Portsmouth NH 03801
Attn: Fraud Prevention Manager
So, I can definitely see why this would take longer than 6 months...especially when consulates sit on these petitions before actually sending them back for review. I do think we deserve much faster responses regarding all of our cases. Not only is it not fair to send it back to the United States without giving a real reason as to why...it is also not fair to make us wait 6 months to a year before knowing anything regarding the status of our petitions.
In the case of Morocco, I tend to think that they intentionally sit on petitions even though it is against the guidelines...we all know they are not following the guidelines in Morocco. I really feel they enjoy this...especially in regards to this particular female consular officer.
I also agree that the consulate has most likely made a decision on our cases before our spouses are even interviewed...it is then up to our spouses to "convince" them of their eligibility for the visa. Which by the way is also against the guidelines.
#7 in Telegram 1388 on the USCIS web site -
"In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition."It is my gut feeling that Casa is clearly not following this portion on the guidelines...and its not like they do not know about them either. ALL consulates received this telegram notification from the Secretary of State. Unless they have tangible evidence we have all committed fraud or meet any of the revocation criteria listed in the FAM they should have issued our visas.
In regards to K1 (non-immigrant) visas there is this statement in the guidelines:
"When a petition is returned to DHS, if DHS concurs with the officer''s recommendation, DHS regulations require DHS/BCIS to provide the petitioner notice of intent to revoke, and to allow the petitioner an opportunity to rebut the grounds for revocation. DHS regulations require that, in the case of nonimmigrant petitions, the revocation must be based only on grounds specified in the regulations. Those grounds include evidence that the statement of facts in the petition was not true and correct, or that the approval involved gross error. The FAM often only summarizes the petition approval criteria because they are too lengthy and complicated to reproduce fully (the H regulations, for example, contain about 25 pages of double column material). Absent access to the full DHS regulations, conoffs may not be aware of all of the factors considered by DHS in approving a petition. In addition, conoffs are normally less knowledgeable about the basis for petition eligibility than DHS personnel; they therefore should not jump to conclusions regarding petitions. In addition, conoffs should return petitions only where there is specific, material and clear evidence to provide the DHS a basis to initiate petition revocation procedures.
Sufficiency of evidence"Now, my petition is a non-immigrant petition...what I want to know is exactly what "evidence" do they have that show the facts in my petition are not true and correct?? We are not committing visa fraud...what evidence is there of that?? Exactly what gross error was there in the approval? It is when my fiance and I marry here in the United States that he will Adjust Status to an immigrant visa...we will BOTH go through a very lengthy and stressful interview process here in the United States to prove our relationship is real and valid before he is approved for a green card.
I swear, by the time I get this notice of whatever their intention regarding action on my petition is I will be near a bar exam for immigration law. I plan to use every single shred of the available guidelines, unclassified regulations from the Foreign Affairs Manual along with ALL of our proof to fight them if they intend to revoke my petition.
Sorry, I seem to have gotten on a tangent again.

~Kiya~