reaffirmed approval after return to uscis

[indianheart 2]

I have been searching here for approximate times for visa issue after reaffirmation. Can any one help me with this? My congressmen got information from USCIS that they were doing a background check then I received email stating they reaffirmed the approval of our case. I havent seen my husband for a year now and we are very anxious to finally begin our life together on a daily basis (not annual), so if any one can give us an idea of time frame I would greatly appreciate it.

Thanks

[k.loveh 0]

I have been searching here for approximate times for visa issue after reaffirmation. Can any one help me with this? My congressmen got information from USCIS that they were doing a background check then I received email stating they reaffirmed the approval of our case. I havent seen my husband for a year now and we are very anxious to finally begin our life together on a daily basis (not annual), so if any one can give us an idea of time frame I would greatly appreciate it.

Thanks

Hi Indianheart,

Mine and my fiance's case was re-affirmed as well this past June, and our new interview date is on Oct. 29th. Search high and low and you'll barely find a thing about this re-affirmation process. It's very frustrating, I know.

The only thing I can tell you about 'time frame' is that the re-affirmed petitions are treated like the first time around, so just look at the timelines and you'll get a pretty good idea. Mine though in particular took a month longer to get to 'this point' we're at now compared to last year. I don't know if this has to do with the embassy being bogged down, or if that it's a re-affirmed case.

If your case is like that our ours, I can tell you too that they will assign you a new case number to replace the original. You may not find this out though until you get the first email about your case from the embassy. Though my letter from the NVC gave the original, the Embassy kept replying to my emails with a new one. After my two or three emails to them asking them to explain this new number, they replied that once a case has been sent back to USCIS, they cannot use the same case number even if they wanted to and thus the reason for new one. No more explanation was given other than this.

There's one other member I've found here at VJ who's going through the same thing we are. She and her fiance already had their second interview this past Sept. and were again placed on AP. They're now waiting for them (the embassy) to complete some name check or something. As far as I know, they weren't asked to submit any more doc's.

I know it's frustrating with all this waitng and waiting, you're not alone, but know too that it's also a positive outcome on your case and gives hope again with the re-affirmation.

If I can be of any help or support, message me anytime.

Best of luck to you and your husband.

Edited October 4, 2009 by k.loveh

[indianheart 2]

Thanks for replying.

I have only found information with K-1's, there was another here that was a CR-1 and her timeline didnt mention a new interview so I was wondering if there was a difference with CR-1's. I went to the consulate last year before the case was return and was treated very rudely, but was told that if my husbands case was reaffirmed they would issue his visa so I dont understand the reason for anather interview. Also I had contacted my congressmen to make an inquirey and they were told they were doing a background check. I am certain that this happened prior to our first interview if I am not mistaken.

I have decided to give DOS a call in a week and see if they will tell me anything.

If there is anyone else out there with a CR-1 going through the same thing I would sure be interested in hearing from you.

Thanks again

[k.loveh 0]

Thanks for replying.

I have only found information with K-1's, there was another here that was a CR-1 and her timeline didnt mention a new interview so I was wondering if there was a difference with CR-1's. I went to the consulate last year before the case was return and was treated very rudely, but was told that if my husbands case was reaffirmed they would issue his visa so I dont understand the reason for anather interview. Also I had contacted my congressmen to make an inquirey and they were told they were doing a background check. I am certain that this happened prior to our first interview if I am not mistaken.

I have decided to give DOS a call in a week and see if they will tell me anything.

If there is anyone else out there with a CR-1 going through the same thing I would sure be interested in hearing from you.

Thanks again

Hello again Indianheart,

K1 pettions are treated like k3 or cr1's because of the 'intent' to immigrate. Also, it depends on the CO as to whether or not he/she will require a 2nd interview with your husband. From the below, it sounds like as well that the rules are not prejudiced regarding any particular type visa case and seems to me that it does and will depend on the CO as the ultimate decision is in his or her hands alone.

Source: http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

If, based on the evidence received, the USCIS officer determines that the approval should not be revoked, the petitioner will receive a notice advising of the decision to reaffirm the petition. The petition will be returned to DOS¿s National Visa Center (NVC) for shipment to the appropriate consulate with the USCIS letter of reaffirmation, a copy of the letter of intent to revoke and the petitioner¿s response. The NVC will then forward the petition to the consular office. The consular officer may accept the petition as valid and adjudicate the visa application to completion, or present to USCIS new evidence that was not previously considered. In the latter case, USCIS will determine whether such evidence supports revocation of the petition.

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties.

Yes, do call, write and email the DOS. Though the Embassy or CO would be the one to tell you what their procedure, i.e., 2nd interview or no 2nd interview, on your particular case will be. Not the DOS. Though it 'may' give your case some attention, which is always a good thing in my opinion, the most they will do is check the status on your case and tell you what you probably already know.

Also, if the CO returned your case, he/she had a reason, at least in 'their' mind, so a 2nd interview wouldn't be out of the picture if they wanted to clear up any doubts they may have had in the first place, so my advice is to be ready for it just in case. Even if you are not required a 2nd interview, wouldn't it be wiser to be prepared? This way, you can avoid more delays than necessary if this were to happen.

I doubt too that you're going to have much luck in locating CR1's, K3's or even K1's other than what you've found here, but don't feel alone when there are those of us here to help support you. We are in the same boat, regardless of the type visa.

Edited October 4, 2009 by k.loveh

[indianheart 2]

Thanks again.

there is a difference between the K visa's and the CR and IR visa, the K's are non immigrant. I know that the intent is to immigrate but in the case of my husband (now that we are beyond 2 years married) he will receive a 10 yr green card and will not have to adjust status. this is why I was thinking there may be a difference in the way it is handled at the consulate. from your time line it looks as though things are starting to speed up with the process, it has been 18 months since our interview. and nearly a year since our case was sent back. I am getting a little fed up with the way the USA is handling immigration, they want to give amnesty to illegals but hold up those who try to come legally.

FRUSTRATED

[k.loveh 0]

Thanks again.

there is a difference between the K visa's and the CR and IR visa, the K's are non immigrant. I know that the intent is to immigrate but in the case of my husband (now that we are beyond 2 years married) he will receive a 10 yr green card and will not have to adjust status. this is why I was thinking there may be a difference in the way it is handled at the consulate. from your time line it looks as though things are starting to speed up with the process, it has been 18 months since our interview. and nearly a year since our case was sent back. I am getting a little fed up with the way the USA is handling immigration, they want to give amnesty to illegals but hold up those who try to come legally.

FRUSTRATED

You're right, there is a difference to how they (k's) are classified, but what I meant was that they are still treated like immigrant visa's by the Embassies themselves. Since the visa issuance is up to the CO's and it is their call, anything goes.

If CR1 petitions can be sent back to USCIS for further review, then they (spouses) can be or are scrutinized just as the other visa applicants. Scam cases are not limited to non-immigrant visa's and are placed under the microscope like any other, even CR1's. This is my point only.

Do you mind me asking why your petition was sent back? Or do you know?

Anyway, yes, my case is finally getting somewhere or at least 'I hope' it is. I'm afraid I'm lacking in trust or faith where the CO's are concerned. But like you, I am expecting and hoping for some lenience this time around where it was lacking before. I just don't want our case placed on AP again. I mean, give us a yay or nay and let us move on with our lives so that we can make decisions for ourselves and our future. We can't do this until this is over with one way or the other.

I agree with you, I and many other's are just as FRUSTRATED as you are with this whole messed up system. All the walls we keep having to come up against! Lord knows it tries our patience, thats for sure. My personal therapy is to come here to VJ. It helps me get my own problems off my mind by listening to others, and helping them if I can with whatever 'limited' knowledge I may have. It really does help and though I stumble and fall, or CRASH , I'm learning at the same time, additonally making some terrific friends in the meantime.

Aside from the above, please know that I am not trying to thwart your knowledge on your particular case, I'm just explaining to you what I do know about this re-affirmation process., that so far, the ones I do know about (re-affirmed K1's) are being treated like they were new cases, just like the first time around.

Your re-affirmation from USCIS in particular may be rare in that maybe they 'won't put you through it again. I hope not, but be ready just in case.

Edited October 5, 2009 by k.loveh

[khalidnfatima 0]

Thanks again.

there is a difference between the K visa's and the CR and IR visa, the K's are non immigrant. I know that the intent is to immigrate but in the case of my husband (now that we are beyond 2 years married) he will receive a 10 yr green card and will not have to adjust status. this is why I was thinking there may be a difference in the way it is handled at the consulate. from your time line it looks as though things are starting to speed up with the process, it has been 18 months since our interview. and nearly a year since our case was sent back. I am getting a little fed up with the way the USA is handling immigration, they want to give amnesty to illegals but hold up those who try to come legally.

FRUSTRATED

I too am fed up with the way the US is handling legal immigration yet ready to give amnesty to illegals.

I have now entered this awful black hole of hoping for a re-affirmation of our case.

I have not yet found out the reason for the denial.

What was your reason if you don't mind my asking ?

Thanks and good luck on your case.

Looks like at least one more rough year for us.

[samer 1]

Hi,

How are you i hope things work out with you is there any update on your case cause iam going through the same herre i dont know how long after the reaffirming approval the embss will contact me

Hi Indianheart,

Mine and my fiance's case was re-affirmed as well this past June, and our new interview date is on Oct. 29th. Search high and low and you'll barely find a thing about this re-affirmation process. It's very frustrating, I know.

The only thing I can tell you about 'time frame' is that the re-affirmed petitions are treated like the first time around, so just look at the timelines and you'll get a pretty good idea. Mine though in particular took a month longer to get to 'this point' we're at now compared to last year. I don't know if this has to do with the embassy being bogged down, or if that it's a re-affirmed case.

If your case is like that our ours, I can tell you too that they will assign you a new case number to replace the original. You may not find this out though until you get the first email about your case from the embassy. Though my letter from the NVC gave the original, the Embassy kept replying to my emails with a new one. After my two or three emails to them asking them to explain this new number, they replied that once a case has been sent back to USCIS, they cannot use the same case number even if they wanted to and thus the reason for new one. No more explanation was given other than this.

There's one other member I've found here at VJ who's going through the same thing we are. She and her fiance already had their second interview this past Sept. and were again placed on AP. They're now waiting for them (the embassy) to complete some name check or something. As far as I know, they weren't asked to submit any more doc's.

I know it's frustrating with all this waitng and waiting, you're not alone, but know too that it's also a positive outcome on your case and gives hope again with the re-affirmation.

If I can be of any help or support, message me anytime.

Best of luck to you and your husband.