Case sent back to USCIS/NVC from the embassy

[Confused! 0]

Hi,

My wife already went through the interview and was just waiting for the passport to be returned with the visa. But the embassy tells her that the visa was denied because the NVC requested the case back. I then called the NVC and the USCIS but both said that there is nothing on their system that indicates the request. The embassy said that they had sent the records back and it is out of their hands now.

So now we don't know what to do or who to ask.

Please advise.

Thanks!

[YuAndDan 153]

NVC does not "Request" the case back, the consulate denies the case and sends it back to the NVC for transfer back to USCIS.

Typically with this type of notation:

Dear visa applicant

The consulate has carefully evaluated your application for your application for an immigrant visa .The consulate is returning your petition to the U.S. Citizenship and services (CIS) via the National visa Center for review and possible revocation ,The Consulant visa section has taken this step because of the reason marked below, should you, the petitioner, or your attorey have any questions concerning your case, make a request in writing to the CIS office where your petition was originally filed.

Moving this to consulate/embassy forum.

[eng_ashraf12 0]

That is unbelievable, why in hell they do that? what is their reasons and what happened in the interview?

[malaikabab 0]

Sorry to hear that.

Did they give your wife 221 (g). And what is the reason they gave.

[YuAndDan 153]

That is unbelievable, why in hell they do that? what is their reasons and what happened in the interview?

Can be anything, I have seen cases get revoked after what is thought to be a good interview, the consulate can sometimes get information after the interview, this is called Administrative Review, and I have seen them send the denial letter and passport back to the bennificiary.

Examples:

We went to Guangzhou post yesterday(Friday), 2 days after approval, to pick up her Visa. It wasn't there. We went out in the Post office Lobby where we ran across a Beijing lady who Lily had met on Wednesday at the interview. She had just checked at the counter and her Visa package hadn't arrived yet either. She was K1 and had been given the pink slip on Wednesday too.

While Lily was talking with her, the Beijing ladie's cell phone rang. It was the postal clerk who told her to come back to the counter. He returned her passport and handed her the dreaded white slip. Recommendation to revoke. I explained to her what It meant. She called her fiance in San Francisco and asked me to speak with him. I told him what I knew of white slips from the CFL forum and advised him to get a lawyer. That's all I know of their situation now. He said he wanted to email me later and ask more questions.

Anyone heard of a white slip after approval.? I know I've heard of Blue Slips a few times.

BTW, we have been sweating bullets for the last 24 hours, but went to the Post office this morning, and our Visa was there. We're out of Guangzhou on the next train to Shenzhen and on to TN on Wednesday.

Hank

http://candleforlove.com/forums/index.php?...c=23530&hl=

This is a follow up to this topic:

http://candleforlove.com/forums/index.php?...st&p=285767

after the white slip the SF fiance flew to china and they got married. I received this email from him today. It's self-explanatory.

Hi Hank and Lily,

Hope you are well and enjoying life.

Jxx has told you our bad news, and she must now admit to her prior bad judgment and involvement with a marriage fraud perpetrated against the Canadian Embassy, which scuttled our K-1, after our long wait. While Jxx is not innocent, the intermediary company gave her bad advise and arranged the fraudulent marriage documents for their client, the petitioner, a Chinese man trying to go to Canada on a technology visa....Jxx was a subsidiary. They solicited her to pay the intermediaries fees for the man, who had no more money, in exchange for adding Jxx as his spouse, to the otherwise legitimate visa. When she didn't want to actually marry him, they decided to fake the documents anyway.

Obviously now we have a much bigger problem to overcome if we ever expect to be successful with a K-3/I-130/CR-1 petition. We are just trying to get as much input as possible about what is possible and how to proceed.

I extracted as much info as I could from the GZ Embassy officer on my Friday Citizen Hour at the Embassy on 3/30/07. He was helpful but limited in want he could say...suggesting that there could be legal issues and an attorney's advise may be needed. He said it was serious, and that I may request a formal inquiry and that a waiver may be needed. On the otherhand he did acknowledge that no charges were made or criminal prosecution in China, Canada, or the US. I added that we did not lie to the US during the K-1 (prior failed visas with other countries was not a question). He did suggest that I try to discuss it with the Legal or Fraud Depts of the USCIS.

So far I have not been able to get through to anyone knowledgeable at USCIC, but I am just now getting back some limited function following my major shoulder surgery last week. However, I have scheduled meetings for next week with two attorneys, and have discussed it by phone with another lawyer who told me an attorney may not be needed since there is no "case" yet, and that approval/denial of future immigration in our case is probably entirely subjective and up to the judgment of the reviewing officer(s). She agreed that the USCIS advise will be the most useful.

We seem to have determined that a waiver (I-601), although intended for crimes and bans, may be the way to go, or simply a personal statement allocuting to the events.

Hank, I was hoping that you might tell our story anonymously on your website to see if there is any useful input to be gleaned from others. After a while I will have more ability to use my computer and start looking around myself, including contacting your web-mate in Atlanta who was also denied a K-1. Anything you can do would be greatly appreciated.

best

Mxxx

http://candleforlove.com/forums/index.php?...showtopic=23530

http://candleforlove.com/forums/index.php?...c=24312&hl=

This is common in high visa fraud countries like Philippines and China

[Confused! 0]

The consul said that the NVC requested it back. It was not initiated by the embassy. They do not know what the reason was. At this point is it advisable to get a lawyer? Or do you guys know of something that we can do?

NVC does not "Request" the case back, the consulate denies the case and sends it back to the NVC for transfer back to USCIS.

Typically with this type of notation:

Dear visa applicant

The consulate has carefully evaluated your application for your application for an immigrant visa .The consulate is returning your petition to the U.S. Citizenship and services (CIS) via the National visa Center for review and possible revocation ,The Consulant visa section has taken this step because of the reason marked below, should you, the petitioner, or your attorey have any questions concerning your case, make a request in writing to the CIS office where your petition was originally filed.

Moving this to consulate/embassy forum.

What is a 221g?

Sorry to hear that.

Did they give your wife 221 (g). And what is the reason they gave.

[abed 0]

The consul said that the NVC requested it back. It was not initiated by the embassy. They do not know what the reason was. At this point is it advisable to get a lawyer? Or do you guys know of something that we can do?

NVC does not "Request" the case back, the consulate denies the case and sends it back to the NVC for transfer back to USCIS.

Typically with this type of notation:

Dear visa applicant

The consulate has carefully evaluated your application for your application for an immigrant visa .The consulate is returning your petition to the U.S. Citizenship and services (CIS) via the National visa Center for review and possible revocation ,The Consulant visa section has taken this step because of the reason marked below, should you, the petitioner, or your attorey have any questions concerning your case, make a request in writing to the CIS office where your petition was originally filed.

Moving this to consulate/embassy forum.

What is a 221g?

Sorry to hear that.

Did they give your wife 221 (g). And what is the reason they gave.

they should give you a paper stating the reasons why the visa was not issued

that sould be in writting

[Confused! 0]

They sent a letter saying that the visa cannot be granted because a copy of your petition is being requested by the NVC.

Do you guys know what this means?

Edited January 25, 2009 by Confused :(

[geezer 1]

They sent a letter saying that the visa cannot be granted because a copy of your petition is being requested by the NVC.

Do you guys know what this means?

Could only speculate as to what it could mean so I won't. You should contact your Senators or Congressmans Office first thing Monday morning they might be able to find out something.

Edited January 25, 2009 by geezer

[Confused! 0]

Hi geezer,

So you're saying that a US senator / congressman's office will help me out?

[geezer 1]

Hi geezer,

So you're saying that a US senator / congressman's office will help me out?

I'm saying contacting them is your best option right now and if I was you I'd do it immediately.

Edited January 25, 2009 by geezer

[abed 0]

that's stupid they should give you more details

it could be just a lay, because NVS cannot send a case forward to consulate unless it's completed

consular officers have no respect for petitionners, once operating form outside us, they do whatever they want

better contact you congressman or senator and tell him to check on your case, they will consider him better than you

[pushbrk 12,250]

They sent a letter saying that the visa cannot be granted because a copy of your petition is being requested by the NVC.

Do you guys know what this means?

Ok, it's important that your answers be precise. Twice you've said NVC requested the case back, which makes not sense. Now you say the letter says they requested a copy. That's a very different thing and would indicate a delay in moving forward.

What exactly does the letter say?

[Confused! 0]

The letter said a copy is being requested...

But in person they said the NVC was asking for the case to be sent back.

They sent a letter saying that the visa cannot be granted because a copy of your petition is being requested by the NVC.

Do you guys know what this means?

Ok, it's important that your answers be precise. Twice you've said NVC requested the case back, which makes not sense. Now you say the letter says they requested a copy. That's a very different thing and would indicate a delay in moving forward.

What exactly does the letter say?

[pushbrk 12,250]

The letter said a copy is being requested...

But in person they said the NVC was asking for the case to be sent back.

They sent a letter saying that the visa cannot be granted because a copy of your petition is being requested by the NVC.

Do you guys know what this means?

Ok, it's important that your answers be precise. Twice you've said NVC requested the case back, which makes not sense. Now you say the letter says they requested a copy. That's a very different thing and would indicate a delay in moving forward.

What exactly does the letter say?

The letter would be accurate. This is pretty rare either way. I haven't seen it ever.