USCIS requested my petition be returned by NVC

[Ms Hogan 295]

Hi Ribeneme, I can read in your posts how frustrated you are and I would certainly be feeling the same way if I were going through what you are going through. The information you just posted does not mean that your spouse has been approved or that there is a visa waiting for them. They still have to get through the rest of the "journey" with success before they can be granted a visa. That information is explaining that unlike visas related to work or study, immediate family members don't have to wait for a visa number to become available IF they are approved. Some people who would be coming under different types of visas, that have nothing to do with being a family member for example, might get approved but then would also have to wait for a visa number to become available. For those of us who are making applications as spouses or other immediate family members, there is no wait for the visa number to become available once the application has been approved.

Your spouse still has to get through the NVC stage and then have a successful interview before they will be issued a visa.

I hope this helps a bit more with getting all the information together to understand the process. It is VERY confusing at times and more than a little frustrating most of the time.

[NikLR 13,220]

You're misunderstanding. An immediate relative of a usc or the spouse or relative of an lpr (legal permanent resident) must normally wait for there to be visas available for their category.

There is no such wait for the spouse or child (or step child) of a USC. They are granted a visa upon approval of their interview. The US govt likes to strictly control who is coming to live in the USA. Most countries do.

Your husband does not have a visa until granted one by the US consulate or embassy in his home country. They can still deny him a visa. They can subject him to additional or administrative processing which can be short or infinite. He is in no way guaranteed a visa, just that there is one available immediately should he be approved.

[RIbeneme 2]

I believe I did say that I know it can still be denied for whatever reason BUT out of the allotted number of visas given out there is already one on reserve for him. I did say that it is waiting for him UPON APPROVAL in my last post.

[Darnell 8,478]

you got an infopass set up yet? or no ?

[RIbeneme 2]

Yes I do. I go at 1pm on Tuesday.

[del-2-5-2014 1,339]

Thank you dwheels, I did not realize that I had the wrong service center on there. My timeline is as accurate as I can make it. My AOS was rejected once and then sent a new one and my 230 was rejected once and started returning things needed to complete before this mess happened. Any information on how to add rejection and resubmissions would be greatly appreciated.

This is what I was referring to about Visas for Spouses of US Citizens and him having a visa on reserve already. This information comes from another website called immigration.about.com.

In order to become a permanent resident, you must obtain an immigration visa number. U.S. law limits the number of immigrant visas available each year. This means that even if the USCIS approves an immigrant visa petition for you, an immigrant visa number may not be issued to you right away. In some cases, several years could pass between the time USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number. In addition, U.S. law also limits the number of immigrant visas available by country. This means you may have to wait longer if you come from a country with a high demand for U.S. immigrant visas.

Eligibility

Immigrant visa numbers are assigned based on a preference system.

Immediate relatives of U.S. citizens, including parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the petition filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens.

This is exactly what I was told, that the number of visas are limited each year and that because he is the Spouse of a US Citizen they have reserved a visa for him already. Now he just needs to go to his interview to get the visa number that has been assigned to him. I do understand that they still have the ability to deny for whatever reason but my point was that he has one waiting for him already upon approval.

I suspect that I may regret asking this but where are you getting this notion that a visa is reserved for you?

Numerous seasoned VJers have advised you but you still insist on sitting on this false understanding.

Why?

[NikLR 13,220]

I believe I did say that I know it can still be denied for whatever reason BUT out of the allotted number of visas given out there is already one on reserve for him. I did say that it is waiting for him UPON APPROVAL in my last post.

There are an infinite number of visas for spouse and children of USCs. There is no allotment like for other visa categories. Nothing is reserved. I am not reserved a visa because my husband is American. He had to petition for me to be able to apply for one and after I applied I have to go to an interview to see if someone says I may have one. Just like you and your husband.

Also please follow Darnell's advice to see if your petition was recalled to the local office etc...

[NikLR 13,220]

I truly hope someone just forgot to cross a t or dot an i, but you should make the effort to figure out what is wrong. I hope its nothing serious.

Edited May 17, 2013 by NikiR

[Darnell 8,478]

Yes I do. I go at 1pm on Tuesday.

Excellent !

You're going to run into more silliness, so I'm gonna throw more clues at you that should help you.

1. the person you talk with, behind the counter or window, is not the person that works in the I-130 adjudication unit.

2. the first person you talk to - ask for the floor supervisor.

3. when you get the floor supervisor, ask that person to talk to the I-130 adjudication unit supervisor and inquire why the casefile was requested back from NVC to their office .

4. wait in the building until you get the answer.

[RIbeneme 2]

Thank you so VERY much Darnell!!! I have written everything down so I can take the info with me! Thank you again! !

[Ismael&Blair 66]

My husband and I are both totally devistated over this. We have not seen each other in over 5 months and now we have no idea when this will all be finished. I am desperate for answers. PLEASE HELP!!!

I don't know if it will make you feel better but I am feeling that devastation too and I haven't seen my husband for over 10 months. I thought I had double checked my papers and made sure it was all organized and I have studied and READ almost all of the Visa Journey posts that applied to me and my hubby for education of what to do for filing and I still goofed!

I got a CHECKLIST for a missing police report because apparently in my husband's country, NVC requires TWO TYPES OF POLICE REPORTS. And we only sent in one of the two! UGH!

Edited May 18, 2013 by Ismael&Blair

[RIbeneme 2]

I understand! That was our last hold up. We knew we needed one from Nigeria but didn't dawn on us that he would need one from the UK. I got it in the mail 3 days after I got the notice from NVC that it was sent back to USCIS. I'm hoping to get some good news on Tuesday that it is just a simple problem. Good luck to you!!!

[RIbeneme 2]

OK, here is my update, I went to the immigration center on May 21st like I was instructed to do. I encountered some of the most supidest people ever to walk the face of this earth!!! She even told me that my husband cannot apply for a K-3 visa until we have been married for 3 years. I even know that is not the case. It has been over the 30 day period that was stated to me to be back in USCIS system. She also said that I filled out and submitted the wrong form for my joint sponsor but I did not cause he his also a household member. I scheduled another infopass for next Tuesday to try and get something out of these people. Any other suggestions will be great and thank you already for all your help!!

[NikLR 13,220]

Try to talk to the unit supervisor. Darnell normally has some good ideas on how to do that.

[RIbeneme 2]

I asked for one and that is the person who told me all the nonsense. I even asked her if I was going to get my original documents back that were sent to NVC and she told that I wasn't suppose to send originals. I told her that copes are sent to USCIS but originals are sent to NVC. THEN she said that he was suppose to take the originals with him to the interview. I told her that is not how it works, that I had to send the things into NVC and then they send me a sealed package for him to take to his interview. She replied, Yes. I said, wait a minute, you just told me not to send originals and then when i told you how it REALLY works than you agree with that, which is it? Then I told her that I cannot believe that not only does she work for a government facility that is suppose to be able to help me with these things and answer questions for me but she is a supervisor and how NO idea how the process works. I asked her if she an I-130 adjudication supervisor and she said that there are many supervisors and they all do a little of everything and there was no supervisor just for that. I did EVERYTHING that Darnell told me to do and these people were just complete MORONS!!! I called USCIS AGAIN yesterday and they transferred me to a tier 2, whom barely spoke English and i couldn't understand him so he transferred me to a person higher than him. This man now told me that the 30 days I was quoted for USCIS to get my file back was wrong and it usually takes 60-90 days for this. There was an inquiry put in and it has been assigned to a worker so I should be hearing something about that soon. I also made another infopass appointment for next Tuesday. These people are going to get sick of seeing/ hearing from me!!! I am also going to apply for help from my Senator. I will keep you guys updated and welcome any more help or suggestions.