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Case returned to USCIS under 221 G and ROE

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Hi VJ,

I met my girlfriend online through facebook in September 2013. We met in March 2014 as she came to India for 09 days. We find each-other compatible and decided to marriage. In May 2014, she filed an I-29 petition in USCIS. I appeared for fiance visa interview at US embassy/New Delhi.

CO interviewed me for approx 15 minutes but from the beginning of the interview she seems uninterested. She asked me few questions which I answered honestly, but she didn't get convinced. at the end of the interview she indicated me that I have to wait. She kept me waiting for almost 04 hours and then she gave me a letter mentioning my case put on hold under 221 G because of insufficient evidence. She told me that she's returning my case back to USCIS/NVC and next proceedings will be informed by them only. She returned my case on 20 Jan'15 back to NVC and NVC return my case to USCIS on 20 Feb'15. We got notification on 20 March 20115 that they have received our case back at USCIS and they will inform us within 180 days for further proceedings.

Since then it's been almost 03 months and yesterday my Fiancee received a notification that

There has been a recent processing action taken on your case.
Application Type: I129F, PETITION FOR FIANCE(E)
Your Case Status: Initial Review

Please anybody can explain me the meaning of Initial Review at this stage. How long it may take for further action. Validity of an I 29 petition, police clearance and medical fitness is for 06 months and it is already been 06 months passed. Please advise if we will have to apply again and fill that all fees again. We are planning to marry at the end of this year, but are waiting for USCIS proceedings to finalize. I'm here looking forward to hear some helpful information/suggestion from your end.

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Hi VJ,

I met my girlfriend online through facebook in September 2013. We met in March 2014 as she came to India for 09 days. We find each-other compatible and decided to marriage. In May 2014, she filed an I-29 petition in USCIS. I appeared for fiance visa interview at US embassy/New Delhi.

CO interviewed me for approx 15 minutes but from the beginning of the interview she seems uninterested. She asked me few questions which I answered honestly, but she didn't get convinced. at the end of the interview she indicated me that I have to wait. She kept me waiting for almost 04 hours and then she gave me a letter mentioning my case put on hold under 221 G because of insufficient evidence. She told me that she's returning my case back to USCIS/NVC and next proceedings will be informed by them only. She returned my case on 20 Jan'15 back to NVC and NVC return my case to USCIS on 20 Feb'15. We got notification on 20 March 20115 that they have received our case back at USCIS and they will inform us within 180 days for further proceedings.

Since then it's been almost 03 months and yesterday my Fiancee received a notification that

There has been a recent processing action taken on your case.

Application Type: I129F, PETITION FOR FIANCE(E)

Your Case Status: Initial Review

Please anybody can explain me the meaning of Initial Review at this stage. How long it may take for further action. Validity of an I 29 petition, police clearance and medical fitness is for 06 months and it is already been 06 months passed. Please advise if we will have to apply again and fill that all fees again. We are planning to marry at the end of this year, but are waiting for USCIS proceedings to finalize. I'm here looking forward to hear some helpful information/suggestion from your end.

it will eventually get closed your best option is to get married and file the spousal visa as well as have her visit you more before she files this also, they probably said their wasn't enough evidence because she only was there for 9 days and you don't mention her going back to visit at all again in your post, nearly not enough in some cases to get approved yes it can happen but when you come from certain countries such as India they expect more face to face time and evidence of a real relationship to weed out the fraud .

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Thanks for your instant reply. What I forget to Mention earlier is that there was no objection in bonafide relationship by CO. She's asked me for my marriage plans and I replied her that about marriage me and my fiancé will decide once I will reach there physically and as of now we have no fixed date as we cannot schedule it in advance without knowing how long it may take in process to get visa.

The letter she gave me askednention about insufficient evidence to prove my "intention to marry my fiance in 90 days after arrival at US".

Since then we have arranged and are arranging more evidence of our marriage arrangements without a specific date. We will furnish more if we came to know anything further from them.

I hope this will change your opinion now. Please advise the possibilities in this case.

Thanks

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Fairly or not, India K1s more often than not tend to result in denial due to suspected fraud. Not saying this is the case here, but numerous threads on that issue. Hooking up online, then sensing compatibility in a few short days could be seen as suspect. Hopefully they'll adjudicate in favor.

Alternate option.. marry as planned, in India, and follow the CR-1 route.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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My fiancée called USCIS yesterday and she has been told that our case is in review process and we will hear from then within 180 days from the date on which USCIS has received our case back from NVC, which is 20 March 2015.

I don't understand why people are advising for applying cr 1 visa when my case was only put on hold under 221 G and is not denied yet by CO. She's only asked for more evidences to prove my intention to marry my fiancée in 90 days. It was our fault that we haven't thought of any fixed marriage date before interview. But frankly speakin, we were unaware of these requirements as we just has focused to prove our relationship. We were planning that we will fix date when I will arrive to US in person. But CO at embassy were emphasized to marriage plans only, about which I just had the answer that we are going to marry in 90 days after my arrival to US. I guess she's expecting that we should have planned about marriage in advance Before getting visa. On the contrary we were thinking that how can we fix a date without having any concrete idea about how long it may take to get visa and to arrive US.

I still hope that we will hear from them in next few days asking for more documents or evidences to prove that we have planned for marriage as it is almost 110 days since 20 march 2015 and they will have a time limit of 70 more days left with them.

On the ground of ROE under section 221 G, I consider my application as denial. I don't think it make any sense. If they have to deny my application, then they could have denied me straight away at the time of interview.

Please advise me based on my above comments

Thanks

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By your calculation, wait out the remaining 70 days. Then we'll all know for sure..


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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A CO can not deny a petition, they can only refuse to issue the K1 visa.

They have returned the petition to USCIS and USCIS will not review it but will let it expire and die on purpose and that's the end.

The petitioner will receive a letter stating that the petition has expired and that you can file another petition.

You then have to decide to either re file a K1 or get married and file a CR1.

If a CR1 gets returned then you would have a second chance to overcome the issue with answering a NOIR letter but there are no reviews

for K1's. Why the CO's still say it gets reviewed when it doesn't is either a disconnect between the agencies DOS and USCIS or they know it

and just play the game for whatever stupid reason.

Sorry but those are the sad facts. You don't have to wait another day to re file and can do it as soon as you are ready.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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My fiancée called USCIS yesterday and she has been told that our case is in review process and we will hear from then within 180 days from the date on which USCIS has received our case back from NVC, which is 20 March 2015.

I don't understand why people are advising for applying cr 1 visa when my case was only put on hold under 221 G and is not denied yet by CO. She's only asked for more evidences to prove my intention to marry my fiancée in 90 days. It was our fault that we haven't thought of any fixed marriage date before interview. But frankly speakin, we were unaware of these requirements as we just has focused to prove our relationship. We were planning that we will fix date when I will arrive to US in person. But CO at embassy were emphasized to marriage plans only, about which I just had the answer that we are going to marry in 90 days after my arrival to US. I guess she's expecting that we should have planned about marriage in advance Before getting visa. On the contrary we were thinking that how can we fix a date without having any concrete idea about how long it may take to get visa and to arrive US.

I still hope that we will hear from them in next few days asking for more documents or evidences to prove that we have planned for marriage as it is almost 110 days since 20 march 2015 and they will have a time limit of 70 more days left with them.

On the ground of ROE under section 221 G, I consider my application as denial. I don't think it make any sense. If they have to deny my application, then they could have denied me straight away at the time of interview.

Please advise me based on my above comments

Thanks

We know because we have been her long enough to know there is not such thing as an approved visa by the time it goes back to NVC. Though maybe you could be the exception to that rule, you never know. Miracles do happen.

You're from India and you guys only saw each other 9 days prior to deciding on getting engaged that is a huge red flag. I would suggest looking through the Indian regional section of this forum and see how much is actually needed to get a visa approved if you decide to re-file for K1 though I would suggest going for the CR-1.

They don't expect you to have everything planned for the wedding but they want to at least hear about some of the details around your wedding. We didn't have a set date but we had a month in mind. We knew in what state we wanted to get married but not the exact venue and we knew approximately how many people we wanted to invite to the wedding.

You haven't filled out your timeline so I don't know how long you this process have been for you. Did you wait longer than 6 months from your NOA1 until your interview? The proof of marriage within 90 days kind of sounds like they wanted an updated letter of intent. Some embassies are picky and want an updated letter of intent to marry if the one you sent to USCIS is older than 6 months.






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1-Listen to Ebunoluwa, they have been through it!

2-The staff at the USEM expect couples to follow local customs. I think what the officer was looking for was proof of a formal engagement ceremony. Also it would REALLY help your case if you had more face time with your fiance.

At this point as your case has been returned to USCIS your petition is HIGHLY unlikely to be reapproved. Probably a good idea to start thinking about plan B.

Good Luck


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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My fiancée called USCIS yesterday and she has been told that our case is in review process and we will hear from then within 180 days from the date on which USCIS has received our case back from NVC, which is 20 March 2015.

I don't understand why people are advising for applying cr 1 visa when my case was only put on hold under 221 G and is not denied yet by CO.

Piece you are completely missing is that you effectively have been denied visa - that's what it really is when your petition gets sent back to USCIS.

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We know because we have been her long enough to know there is not such thing as an approved visa by the time it goes back to NVC. Though maybe you could be the exception to that rule, you never know. Miracles do happen.

You're from India and you guys only saw each other 9 days prior to deciding on getting engaged that is a huge red flag. I would suggest looking through the Indian regional section of this forum and see how much is actually needed to get a visa approved if you decide to re-file for K1 though I would suggest going for the CR-1.

They don't expect you to have everything planned for the wedding but they want to at least hear about some of the details around your wedding. We didn't have a set date but we had a month in mind. We knew in what state we wanted to get married but not the exact venue and we knew approximately how many people we wanted to invite to the wedding.

You haven't filled out your timeline so I don't know how long you this process have been for you. Did you wait longer than 6 months from your NOA1 until your interview? The proof of marriage within 90 days kind of sounds like they wanted an updated letter of intent. Some embassies are picky and want an updated letter of intent to marry if the one you sent to USCIS is older than 6 months.

Just to clarify, not all visas are denied after being sent back to USCIS, the vast majority of cr-1 visas that are returned to USCIS for NOIR or NOID are re-approved after being given the chance to reply, and sent back to the consulate for another interview. And recently there actually was one fiance' visa that was sent back to USCIS and re-approved within days(I am looking for the topic and will post the link when I find it). :)

To the OP: I am not sure what "ROE" is, but listen to Ebonaluwa she has been through it and knows her stuff. Either way you choose to go you need to make sure you overcome the reasons for the denial, they want more evidence, and the only way to get more evidence is to spend more time together in real life. You met your fiance online and spent a mere 9 days together in real life and then immediately petitioned for a visa in a high fraud country, no bueno. While this may be enough time in a low fraud country, it isn't for India, especially with the cultural differences. Even if you decide to marry and go the CR-1 route, having her come to India for a quick trip just to be married and then return home right away won't be enough. Good luck and keep us updated.



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I waited almost 1.5 years since we have met in person to file fiance visa. I traveled 5 times to see him and we had overwhelming evidence at the interview. I even traveled for the interview, but embassy did not let me in. I agree with all responses above. Start gathering evidence for future and see your fiance again before you re-file. Wishing you lots of luck!


:luv:

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Hi VJ,

I met my girlfriend online through facebook in September 2013. We met in March 2014 as she came to India for 09 days. We find each-other compatible and decided to marriage. In May 2014, she filed an I-29 petition in USCIS. I appeared for fiance visa interview at US embassy/New Delhi.

CO interviewed me for approx 15 minutes but from the beginning of the interview she seems uninterested. She asked me few questions which I answered honestly, but she didn't get convinced. at the end of the interview she indicated me that I have to wait. She kept me waiting for almost 04 hours and then she gave me a letter mentioning my case put on hold under 221 G because of insufficient evidence. She told me that she's returning my case back to USCIS/NVC and next proceedings will be informed by them only. She returned my case on 20 Jan'15 back to NVC and NVC return my case to USCIS on 20 Feb'15. We got notification on 20 March 20115 that they have received our case back at USCIS and they will inform us within 180 days for further proceedings.

Since then it's been almost 03 months and yesterday my Fiancee received a notification that

There has been a recent processing action taken on your case.

Application Type: I129F, PETITION FOR FIANCE(E)

Your Case Status: Initial Review

Please anybody can explain me the meaning of Initial Review at this stage. How long it may take for further action. Validity of an I 29 petition, police clearance and medical fitness is for 06 months and it is already been 06 months passed. Please advise if we will have to apply again and fill that all fees again. We are planning to marry at the end of this year, but are waiting for USCIS proceedings to finalize. I'm here looking forward to hear some helpful information/suggestion from your end.

Were you married before your wife filed the I-129F, is this is true, then why on earth did you filed a Fiancee Visa "We find each-other compatible and decided to marriage. In May 2014, she filed an I-29 petition in USCIS", when you were already married, you should have filed an I-130 IR1/CR1 Visa Application.

You might want to read up about the consequences of missleading the Government. Serious Red Flag!


Met onilne 17 Jan 2012, via skype & yahoo IM

Married 4 Dec 2013

I-130 Filed 1/24/2014

I-130 NOA1 2/7/2014

I-130 NOA2 7/11/2014 Approved

I-130 Package Sent to NVC 7/31/2014

I-130 Package Received at NVC 8/4/2014

Case Uploaded 8/13/2014

Received Case # and Invoice # 8/15/2014

DS-261 Completed 8/27/2014

AOS Fee Paid and Cleared Bank 8/29/2014

AOS Package sent to NVC 8/30/2014

AOS Package Received at NVC 9/2/2014

IV Fee Email Received 9/27/2014

IV Fee Bill Payment Made 9/27/2014

COC for Malayisa Applied Online 9/27/2014

COC for Singapore Applied for at Local Office 9/29/2014, pick-up date 13 Oct 20

DS-260 Completed 10/2/2014

IV Fee's Mark as Paid by NVC 9/30/2014

IV Packet Sent to NVC on 16 Oct 2014

IV Packet Received at NVC 17 Oct 2014

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