After ! year of Admin. Processing, K-1 Petition sent back to USCIS for review

[casadv 0]

Hi everyone,

My heart is broken! We filed our K-1 Fiance Visa Petition on 10.24.06, and got approved quickly, and then it went to Morocco, where the real nightmare began. After much ado, our case went into Administrative Processing for over a year, and at the end of that, we were told nothing except that our case was being sent back to the U.S. to USCIS for further review. It will be 2 years come October. My fiance has lost all hope, and when I saw that his good friend won the lottery visa, and now his green card in the last 6 months, I really don't see that there IS hope for us. Can anyone comment on our situation, any ideas, any hope? Has anyone gone through this process this long, and lived to see the visa? Please tell me what you think!

Very Sincerely,

Carol

Edited July 31, 2008 by casadv

[*Maureen* 0]

I'm sorry this has happened to you. I don't know if you are aware that there is a pinned thread up at the top for petitions being returned maybe there are some helpful insights on what the next step is.

[caybee 21]

Hi everyone,

My heart is broken! We filed our K-1 Fiance Visa Petition on 10.24.06, and got approved quickly, and then it went to Morocco, where the real nightmare began. After much ado, our case went into Administrative Processing for over a year, and at the end of that, we were told nothing except that our case was being sent back to the U.S. to USCIS for further review. It will be 2 years come October. My fiance has lost all hope, and when I saw that his good friend won the lottery visa, and now his green card in the last 6 months, I really don't see that there IS hope for us. Can anyone comment on our situation, any ideas, any hope? Has anyone gone through this process this long, and lived to see the visa? Please tell me what you think!

Very Sincerely,

Carol

I'm very sorry. This is heartbreaking. Have you had a senator or representative involved with your case at all? You'll want to contact them now, quickly, especially if the file has not yet been returned to USCIS. As 77Maureen said, read through the pinned thread. It's long, but there's a lot of good information there. Have you been able to go back to visit your fiance at all since the summer of 2006?

[brnidokiegurl 0]

seems there maybe other problems inolved here, do you know of ANY reason for the return, what do your reps say, a return is not that unusual for them but after a year is. I would just be gathering things again and refile. I know of one couple returned case, as soon as they knew it was back they refiled she got the notice formally it was returned and the noa1 near same time*. Later down the road they just put the two files together. Its either this or wait forever to hear back from them maybe 1-2 years because they dont get back on returns and calif will just let them expire but i think you will need to find out and address the reasons for this long delay if possible and not just refile with same thing again.

*to refile also was from advice of a well know lawyer

[morocco4ever 63]

I have seen one case sent back to the USCIS after a lengthy AP. It wasn't Morocco, but it did happen. I suggest you get your reps on it now.

[maggieNomar 0]

I have seen one case sent back to the USCIS after a lengthy AP. It wasn't Morocco, but it did happen. I suggest you get your reps on it now.

It does seem odd that they sent the petition back AFTER AP. Usually if they send it back they do it right away after the interview. You have received good advice. You need to get into action quickly. Read the pinned thread, pm chiquita or kiya (I hope they still check in) and do as suggested with contacting the reps/senators. Don't waste a moment. Good luck to you.

[amal 4]

From what I've seen, if they send it back a year AFTER AP, then they usually have a really good reason for doing so. Make sure to talk to ur SO and ask if there is ANYTHING he can think of as to what may have made them send it back. DEF get ur reps involved, talk to some immig lawyers, congressman, senator...u name it, contact them. And do it NOW before that petition expires!

I wish you luck.

amal

[mybackpages 0]

It seems it may have something to do with the expiration date on the original NOA2. Remember when the consulate was closed for all that time last year?

[maggieNomar 0]

It seems it may have something to do with the expiration date on the original NOA2. Remember when the consulate was closed for all that time last year?

If it's something that simple don't they have the discretion to extend it?

[mybackpages 0]

It seems it may have something to do with the expiration date on the original NOA2. Remember when the consulate was closed for all that time last year?

If it's something that simple don't they have the discretion to extend it?

They do and that's why i am a bit confused as to eactly what happened. I do remember reading that the Consulate doesn;t automatically renew and sometimes you have to remind them to do so?

[belinda63 2,981]

Maybe this is true or maybe not

Ripley's believe it or not

According to the Ankara Turkey embassy after one year K-1 visas are automatically purged from the system. Our case was purged, in order to have an open case (probably due to the inquires from the senator and congressman) they had to assign a new case number. They just forgot to inform either me or my fiance of this because they, in their words, "did not have our address" (remember he had already interviewed once and returned a second time in addition to letters from me, phone calls from both of us, and emails from me). If it had not been for my congressman, Ron Lewis, KY, inquiring about our case, we would never have known his clearances were completed and he had a new interview scheduled as 1. The embassy never contacted us 2. The case was under a new number, which they never informed us of and 3. DOS (of course looking under the old case number) stated the clearances were still not complete.

If we had not happened to have received the reply from the congressman when we did (two weeks prior to the interview) he would have missed it as we had no knowledge of it and the case would have been returned.

'

SOOOOOOOOOOOOOOOOOOOOOO

perhaps this is a starting point for you, maybe call the embassy and ask them exactly why the case was returned, contact your rep and have them inquire, etc.

[nouri12 0]

Hello

My k-1 fiance petition has been in and out of AP for 2yrs plus 2 months. The Indian consulate has my Fiance's passport since Oct 07. I emailed the consulate 2 weeks ago. and they said they are still waiting for the check to be completed.

I had used the help congressman last year, they got the same response I did AP. My fiance was being issued the visa in Oct 07. They had called him to send passport. He sent the passport but then his name got kicked back into the system and now his 5th check is still pending.

Do I need to do anything or do I just wait it out. Reason for delay as per consulate is "common Name".

Thanks for help.

nouri

[maggieNomar 0]

doesn't hurt or cost anything to have your rep see if they can get info. Give it a try. I don't know if mine was just coincidence or not but the 2nd time she sent an inquiry, he got a call within a week.