Jump to content
Sign in to follow this  
a loves a

what after case go back to usa

3 posts in this topic

Recommended Posts

they send to us a letter said our case going back to Washington , its along story

any way what the process now ???

what opations that we have ???

did we can to appeal ???

who we can appeal ??

will they give us the reason for cancellation my fiancee visa ? or just a simple letter said they dont believe our relation .

if we decide to get married what we have to do with our k1 application ?

after how much time they will answer my fiancee or send to her a letter ?

any help will be appreciated


06-15-2008 : my fiancee first visit to me ( stayed 3 weeks ) .

06-23-2009 : my fiancee secound visit me in Egypt ( stayed 6 weeks ).

06-28-2009 : ENGAGED

10-29-2009 : I-129F Sent

01-27-2010 : my fiancee 3rd visit to Egypt ( stayed 6 weeks ) .

02-09-2010 : travel with my fiancee to turkey in a vacation (5 days)

05-25-2010 : my fiancee 4th visit to ( stayed 2 months ) .

06-03-2010 :Interview Date .

Interview Result : approved ( ya right ! )

07-01-2010 : we got a letter had my passport and over the visa stamp says ( canceled without prejudice )!!

06-29-2010 : case sent back to usa !!!

07-07-2010 : MARRIED

01-12-2011 : the letter state the k1 case is expired , and ther was no prob to file back for any kind of visa

04-25-2011 : my wife here now visiting me in egypt for 2 and half mounth yayyyyyyyyyyyy

05-18-2011 : travel with my wife to malaysia in a 1 week vaction

06-14-2011 : register our marraige papers in cairo

--------------------------------------------------------------------------------------------------------------------------------

CAocm7.png

Share this post


Link to post
Share on other sites

First im so sorry bro that you had went through all of that pain .

Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate??

Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate?

  • 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
  • Petition is returned to the United States by the interviewing consulate for "further review" in what is called a diplomatic pouch.
  • Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
  • Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.
  • Local service center receives returned petition.
  • Local service center who processed the original petition sends a notice of receipt to the petitioner.
  • Local service center reviews the returned petition and consular officer notes on the case.
  • Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
  • Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
  • Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.
  • If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.
  • If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
  • Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
  • Consulate notifies the beneficiary of a new interview date.
  • Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.

What can you do immediately when faced with this issue:

  • First and foremost, contact a good immigration attorney.
  • Immediately have the beneficiary send a scanned copy of the 221(g) issued.
  • Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned.
  • If you are unable to get through to the consulate on the phone, contact them via email, and if you're mail has a "read verification" use it.
  • Contact your congressman/senator, get them involved immediately. You will need to sign a release form giving them permission to make an inquiry on your behalf.
  • Provide your congressman/senator with as much information as possible about your case, the interview, and the result.
  • If your congressman/senator is top notch, they will not just send an email or letter to the consulate, they will call on the phone and try to get the petition reviewed again before it is sent back.
  • If they are not successful, they can request the diplomatic pouch number the petition is being returned in. This number will allow you to track the petition until it is received by the local service center.

To track a returned petition/application with a pouch number, you can contact the Diplomatic Pouch Service in Washington:

  • Diplomatic Pouch Service: 202-663-1588
  • If the petition is returned, you are in for a wait. The diplomatic pouch the petition is returned in is sent from embassy to embassy picking up other returned petitions along the way. It could take up to 2 or 3 months for it to be received by fraud management at the NVC...then the NVC has the petition for about 1 month before sending it to the local service center where it was originally filed. One thing to also know is that returned petitions do not take priority...they are reviewed in the order they are received, that is after new petitions have been processed
  • What You Can Do in the Meantime While You Wait:
  • Continue contacting the consulate to get an actual reason for the return...not the blanket "validity of relationship" response.
  • Stay in contact with your congressman/senator, they can assist you in getting the actual reason for denial.
  • Immediately file a Freedom Of Information Act request for the Department of State asking specifically for the consular notes on your returned petition: DOS FOIA
  • Immediately file for a Freedom of Information Act request for the USCIS asking for the same specific consular notes on your returned petition: USCIS FOIA
  • Continue to document your relationship, emails, letters, phone bills, visits to their country, etc.
  • Be ready for the opportunity to rebut the consular findings.
  • Contact a good immigration attorney as suggested above...preferably one who has experience in returned and denied petitions.

After a period of 6 months or longer has passed and you do not hear anything from the local service center regarding the receipt of your return, or the results of the review, you can contact the CIS Ombudsman. While the Ombudsman cannot make the USCIS reaffirm your returned petition, they can assist when processing times are outside of guidelines

Now, there are some differences between returned fiancé petitions and marriage petitions. The K1 is especially at risk due to the expiration of the original approval, many returned K1s are not given the opportunity to rebut, they receive a notice telling them their K1 has expired and may file again at any time...this is why the FOIA is so important. You need to know the exact reason the petition was returned, just filing again is a huge risk if you do not know why the petition was returned in the first place.

Good luck and my best wishes for you bro


Nothing's impossible . Nothing's unreachable .When I am weary you make me stronger

This love is beautiful .So unforgettable . I feel no winter cold when we are together .

Will you stand by me ?!!!Hold on and never let me go .

Will you stand by me?!! With you i know i belong . When the story gets told .

When day turns into night .I look into your eyes . I see my future now .All the world and its wonder

This love wont fade away.And through the hardest days . I will never question us .You are the reason my only reason.

I'm blessed to find what i need in a world loosing hope. you are my only believe .

You make things right every time after time.....

Will you stand by me ?!!!

I love you so much and i miss you so much more .

anm68b54b0b16262b16.gif

Share this post


Link to post
Share on other sites

You can wait for a response , which you may get in a few months. You can refile a K1 making sure you cover whatever weakness you had. If it was California you would be expecting to get a notice of expiration. Vermont is a bit more apt to actually review it. Getting married doesn't help of they don't believe your relationship was real. Do not cancel the first petition, that sometimes gets a permanent fraud marker on the file and makes more headaches later.


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×