Why did my fiances case got sent back to USCIS after his interview in Kabul?

[Scandi 3,970]

This happens when the embassy feels like there's more about a case that needs to be investigated or looked into, the embassy won't make a decision but instead send it back to NVC. There's not much you can do about it, the case is dead now and you would have to refile. However, if you don't know the reason for why it was sent back then it won't help to refile as that issue might still be there and you'll get "denied" once again. Usually people recommend to get married and file CR-1 after a K-1 failure but like I said, if you don't know the reason for not getting approved the issue might still be an issue even if you file CR-1.

[Desertrose9 7]

15 minutes ago, Scandi said:

This happens when the embassy feels like there's more about a case that needs to be investigated or looked into, the embassy won't make a decision but instead send it back to NVC. There's not much you can do about it, the case is dead now and you would have to refile. However, if you don't know the reason for why it was sent back then it won't help to refile as that issue might still be there and you'll get "denied" once again. Usually people recommend to get married and file CR-1 after a K-1 failure but like I said, if you don't know the reason for not getting approved the issue might still be an issue even if you file CR-1.

Thanks for the info i just had a consultation from my lawyer hes also recommended that i apply marriage instead of waiting 120 days to hear from them- So do u think theres any way of me finding out why i got denied?? In any other source? it doesnt make sense for me to get denied again if i reaply marriage visa and not k1 

[Elsalove2016 34]

From what I have read , most of the time the reason why the visa gets sent back it's because they didn't believe the relationship was real . It could be many reasons why they didn't believe the relationship such as , age difference , might think you guys are related and just doing it for adjusting status , haven't seen each other too much , etc etc , also some countries are harder to grant  fiancé visa you might have to get married and sponsor him as a husband . 

Edited June 10, 2017 by Elsalove2016

[millefleur 5,034]

The age difference, while seemingly small, might have been a red flag because of the cultural norms, etc for that region. What about religion? Are there any major cultural differences like that? That seems to play a role sometimes in K-1 denials.

[Ebunoluwa 6,136]

Your timetable of your divorce and new relationship seems to be the red flag.

Some consulates consider it a fraud indicator when you quickly sponsor someone after a divorce even if you were separated.
You should have addressed that in a timeline letter for the consulate front loaded with your petition to USCIS.

 

No lawyer is needed. K1's can not be appealed. When REFUSED by the CO, it goes back via NVC to USCIS where it is purposely

expired. After 6 months you will receive a letter telling you case expired, and that you can file again.

 

Best option is to marry (third country if possible, carefully research which country allows you to marry within a few weeks, then file

a CR1 or marry in your fiance's country and meet his family (great evidence with photos that you interacted with his family).

 

You can do several things to find out the reason for refusal:
1. Email and ask.

2. Contact your senator and inquire through him the reason for refusal.

3. File a FOIA (takes a long time)

 

Looks like the reason is just "lack of bona fide relationship" the usual refusal and the CO didn't like something about your case

and refused to issue the visa. It happens. Chances are a lot better with a CR1. If a CR1 gets returned then you would have a

chance to respond to a USCIS NOID/NOIR request for a rebuttal but not with a K1. Sorry !

 

Time to accept the loss and move forward with a new petition, plan a wedding.

 

As to your confusion about refusal, denial and expiration, a CO can not deny a petition but only can refuse to issue a visa

and return it to USCIS. USCIS is the only agency that can deny a petition. HOWEVER, they no longer deny petitions for K1

due to a law suit about a decade ago. They now allow it to expire instead. It used to be that a denied petition for a K1

would carry a hard fraud marker (even if no fraud was committed ) and the law suit changed that to an expired petition without 

an automatic fraud marker. Doesn't make much sense but it is what it is.

Best wishes for your next petition.

 

 

 

[Crazy Cat 39,151]

OP- 

3 hours ago, Desertrose9 said:

Thanks for the info i just had a consultation from my lawyer hes also recommended that i apply marriage instead of waiting 120 days to hear from them- So do u think theres any way of me finding out why i got denied?? In any other source? it doesnt make sense for me to get denied again if i reaply marriage visa and not k1 

It would be of great benefit for you to know why the K-1 was sent back. Then you can load your CR-1 (if you decide that is the best option) to prevent another refusal.

[Desertrose9 7]

1 hour ago, Ebunoluwa said:

Your timetable of your divorce and new relationship seems to be the red flag.

Some consulates consider it a fraud indicator when you quickly sponsor someone after a divorce even if you were separated.
You should have addressed that in a timeline letter for the consulate front loaded with your petition to USCIS.

 

No lawyer is needed. K1's can not be appealed. When REFUSED by the CO, it goes back via NVC to USCIS where it is purposely

expired. After 6 months you will receive a letter telling you case expired, and that you can file again.

 

Best option is to marry (third country if possible, carefully research which country allows you to marry within a few weeks, then file

a CR1 or marry in your fiance's country and meet his family (great evidence with photos that you interacted with his family).

 

You can do several things to find out the reason for refusal:
1. Email and ask.

2. Contact your senator and inquire through him the reason for refusal.

3. File a FOIA (takes a long time)

 

Looks like the reason is just "lack of bona fide relationship" the usual refusal and the CO didn't like something about your case

and refused to issue the visa. It happens. Chances are a lot better with a CR1. If a CR1 gets returned then you would have a

chance to respond to a USCIS NOID/NOIR request for a rebuttal but not with a K1. Sorry !

 

Time to accept the loss and move forward with a new petition, plan a wedding.

 

As to your confusion about refusal, denial and expiration, a CO can not deny a petition but only can refuse to issue a visa

and return it to USCIS. USCIS is the only agency that can deny a petition. HOWEVER, they no longer deny petitions for K1

due to a law suit about a decade ago. They now allow it to expire instead. It used to be that a denied petition for a K1

would carry a hard fraud marker (even if no fraud was committed ) and the law suit changed that to an expired petition without 

an automatic fraud marker. Doesn't make much sense but it is what it is.

Best wishes for your next petition.

 

 

 

Thank you for the detailed info! Now, My lawyer said that the best thing for me is to wait to see why inwas denied or refused before i rush and start another marriage case because chances are ill get denied again esp if i dont have the reason why. Do you really think its worth the 120 days wait or should i start a new petition? And i will definitely contact my congresswoman asap to find the reason btw how do i find the expiration date? 

[EandH0904 1,184]

12 minutes ago, Desertrose9 said:

 Do you really think its worth the 120 days wait or should i start a new petition? 

Your lawyer advised you to wait and find out the reason. We advised you to wait and find out the reason. If you choose not to wait that is your choice. 

[mytruelove18 607]

19 hours ago, Desertrose9 said:

Hello, my fiancé had an interview in Kabul on May 9, 2017, they didnt issue him a visa but instead sent the physical case to the NVC, in which the processing recently finished from there. Then they sent it back to USICS on June 5th. Does anyone have any idea what this means ? Someone said they possibly denied him but they didnt say that in the letter or specified why? Anyway how is that possible? We did the paper work right and met twice in one year we are so depressed with all this processing and we are madly in love; its now 10 months and nothing.. so far. I spent a lot of money and My lawyer cant help me further--please please anyone id pray for u to help with any feed back God bless you all!🙏🏼

USCIS ISNT GOING TO SEND YOU THE RESON WHY YOUR CASE IS DINIED, THEY WILL SEND YOU A LETTER JUST SYING THAT YOUR CASE IS CLOSED BUT NO THE RESON.

I HAD A PREVIOUS K1 ON 2013, I WAS APPROVED ON 2014, I WAS PUT ON AP FOR LONG TIME, THEN I FINISH THE RELATIONSHIP WITH MY EX FIANCE NOW, AND THE CASE WAS SENT BACK ON MARCH 2016 TO NVC AND THEN TO USCIS.

THIS IS IS THE REQUEST THAT I GOT BECAUSE I WANTED KNOW WHAT HAPPENNED WITH MY CASE:

 

Dear XXXXXXXXXX:

On 05/12/2017 you, or the designated representative shown below, contacted us about your case.  Some of the key information given to us at that time was the following:

Caller indicated they are:
 -- Applicant or Petitioner

Attorney Name:
 -- Information not available

Case type:
 -- I129F

Filing date:
 -- 06/10/2013

Receipt #:
 -- EAC-XXXXXXXXXXX

Referral ID:
SRXXXXXXXXXXXXXXX
Beneficiary (if you filed for someone else):
 -- Information not available


The status of this service request is:

We have received your service request and researched the status of your case. On June 9, 2016, the Department of State sent us your case, Receipt Number EACXXXXXXXXX, for review. Cases of this type that are returned to us for review are automatically administratively closed.

The denial decision does not prevent you from filing any petition or application in the future. For further consideration regarding your denied case, you must file a new application with the proper fees and supporting documentation.
 

[iwannaplay54 985]

21 hours ago, Desertrose9 said:

Hello, my fiancé had an interview in Kabul on May 9, 2017, they didnt issue him a visa but instead sent the physical case to the NVC, in which the processing recently finished from there. Then they sent it back to USICS on June 5th. Does anyone have any idea what this means ? Someone said they possibly denied him but they didnt say that in the letter or specified why? Anyway how is that possible? We did the paper work right and met twice in one year we are so depressed with all this processing and we are madly in love; its now 10 months and nothing.. so far. I spent a lot of money and My lawyer cant help me further--please please anyone id pray for u to help with any feed back God bless you all!🙏🏼

My guess is that if you were still legally married when you filed it might have been concluded that you weren't technically eligible to file in the first place.  See item 1 in the instructions under "who may file."

What did you say under "marital status" in the petition?  The petition asks for a date the marriage ended.  What did you put as that date?

Edited June 11, 2017 by iwannaplay54

[iwannaplay54 985]

11 minutes ago, iwannaplay54 said:

My guess is that if you were still legally married when you filed it might have been concluded that you weren't technically eligible to file in the first place.  See item 1 in the instructions under "who may file."

What did you say under "marital status" in the petition?  The petition asks for a date the marriage ended.  What did you put as that date?

Pfft nevermind.  Missed the edit opportunity but i'm going with the majority - this probably has something to do with the visit and divorce and filing dates and the CO just didnt like it.

[geowrian 22,335]

@Ebunoluwa and @EandH0904 have provided some very excellent advice (not to say others haven't as well!). I wish I had more to add, but they covered all the major points.

 

The K-1 will be returned to USCIS and sit there to expire. This is to prevent a P6C1 marker being reviewed and potentially turning into a finding of fraud (which is difficult to overcome). They let the case expire and therefore you are free to refile or file for a CR-1/IR-1 visa.

 

The timeline you've provided likely raised concerns about the legitimacy of the relationship. I'm not implying anything here...just saying what they likely thought. The suggestion to get married and go for a CR-1/IR-1 visa is probably for the best. The extra face time and duration of the relationship should help. If you can be there for the interview as well (or give him your passport and wait outside if they don't allow you in the interview), that would help, too.

[Ebunoluwa 6,136]

2 hours ago, Desertrose9 said:

Thank you for the detailed info! Now, My lawyer said that the best thing for me is to wait to see why inwas denied or refused before i rush and start another marriage case because chances are ill get denied again esp if i dont have the reason why. Do you really think its worth the 120 days wait or should i start a new petition? And i will definitely contact my congresswoman asap to find the reason btw how do i find the expiration date? 

Making plans to marry and then actually making the trip, returning home all takes a while. Meanwhile you can try to get the reason through your senator which may happen within 30 days. Other than you pursuing the reason there will be no refusal reason or explanation send to you. 

I don't understand why your lawyer thinks you should wait the 120 days because you simply won't get a letter stating reasons. 

Not happening from USCIS. You can email the embassy and inquire why the visa was refused. 

Your lawyer or you can file a FOIA

which can take a while to hear back. If the reasons are due to your separation / divorce / new relationship issue then filing a new petition (with the final divorce decree of course ) will overcome that. If the reason was that the CO felt you or he isn't genuine about the relationship then that can be overcome with a quality front loaded petition which you should do anyway no matter what the reason. Visit more and stay longer and keep receipts from everything that puts you both in the same place at the same time. 

New photos with you and family. More phone logs and communication. 

If the reason was the appearance of misrepresentation or there was inconsistent data entered in the forms then you will have to overcome it  but you have to know what exactly

to overcome. 

So make your plans to travel and wait for the senator's reply or email from the embassy. Your lawyer could also email them it doesn't matter, they don't care in this situation about a lawyer.

Come back and post the reason if you find out and we go from there.

if they dig in their heels and won't tell you the reason then go and marry and if the next petition is also returned then USCIS WILL SEND you a NOID/NOIR with the REASONS and you submit evidence to rebut the CO's findings.  If USCIC is satisfied with your rebuttal they will reaffirm the CR1 petition and send it again to the embassy with recommendation to approve the visa, the reaffirmation process can take 1 - 2 years. I have given you the ( almost ) worst case scenario but my thoughts are you won't have a problem with your next CR1 petition.  I repeat k1's will have no second chance but will be expired and closed. Should you wait the 180 ( not 120 ) days for the USCIS letter ? No ! For what ? It won't contain the refusal reason. Should you wait for an answer from the senator ? Yes ! Should you wait for an answer for the email(s) you will send the embassy ? Yes ! Should you wait for FOIA ? I wouldn't because it takes a long time, that is up to you. Make plans, set the wedding date, build the relationship and take your time to get an excellent petition together addressing the elusive reasons. One step at a time. 

 

[janet3 1,170]

43 minutes ago, geowrian said:

 If you can be there for the interview as well (or give him your passport and wait outside if they don't allow you in the interview), that would help, too.

In your experience  (and through your knowledge)......is the fiance (petitioner)  being at the interview beneficial? Is there a greater likelihood the visa will be granted (especially in what is considered a "higher fraud" country?

[fahim368 0]

22 hours ago, Desertrose9 said:

Hello, my fiancé had an interview in Kabul on May 9, 2017, they didnt issue him a visa but instead sent the physical case to the NVC, in which the processing recently finished from there. Then they sent it back to USICS on June 5th. Does anyone have any idea what this means ? Someone said they possibly denied him but they didnt say that in the letter or specified why? Anyway how is that possible? We did the paper work right and met twice in one year we are so depressed with all this processing and we are madly in love; its now 10 months and nothing.. so far. I spent a lot of money and My lawyer cant help me further--please please anyone id pray for u to help with any feed back God bless you all!🙏🏼

Ur cass and my cass are same. ..nothing to do ...cr1 is good say everyone. .