Case returned to USCIS under 221 G and ROE

[Ebunoluwa 6,136]

further to this i found following information on USCIS website. Last Reviewed/Updated: 07/15/2011 on USCIS website

http://www.uscis.gov/tools/ombudsman-liaison/ombudsman-liaison-unit-information-room/immigrant-visa-petitions-returned-state-department-consular-offices

What the beneficiary should expect

When a consular officer returns an immigrant visa petition to USCIS for reconsideration and possible revocation, he or she will typically deny the visa application on the basis of INA section 221(g) (temporary refusal of immigrant visa), pending USCIS review of the returned petition. The consular officer may also deny the visa application on another basis, if appropriate. If USCIS later reaffirms the approval of the petition, USCIS will send the petition back to DOS, at which point the consular officer will either accept the petition as valid and adjudicate the visa application to completion, or present USCIS with new evidence that was not previously considered. When a DOS consular officer denies an immigrant visa application, he or she will provide the beneficiary with a refusal letter listing the section of law under which the visa was refused.

Strictly for spousal visas CR/IR immigrant visas not a K1.

[Pitaya 2,576]

~four posts removed for display of personal, sensitive information; awaiting lead mod edit and then redisplay~

[Neevs&day 5]

Highly suggest never posting personal details\attachments with personal details in a public forum. Or black out name\address\case#.

Better to PM attachment to a particular member.

Yes you are right. It's my mistake to attach full image. How can I delete it now. I'm using my mobile so there's no option

[Ebunoluwa 6,136]

Yes you are right. It's my mistake to attach full image. How can I delete it now. I'm using my mobile so there's no option

Moderator is fixing it.

[Neevs&day 5]

Moderator is fixing it.

Thanks. ....

[Penguin_ie 5,984]

**** Info removed and posts returned to view, sorry for the delay. For your own safety and privacy, please never post publicly things like full names, case or phone numbers, email or postal addresses etc *****

[Neevs&day 5]

**** Info removed and posts returned to view, sorry for the delay. For your own safety and privacy, please never post publicly things like full names, case or phone numbers, email or postal addresses etc *****

Thanks. ... my apologies for inconvenience caused.

[Neevs&day 5]

Hi,

My fiancée is so sure after she spoke to a lady immigration officer on phone as customer care operator directed her call to her. As per their telephonic conversation, that lady immigration officer has assured her that our visa application is not denied yet, it's been returned to USCIS for review. They shall review the case again and will ask for more evidences in 180 days time bond. My fiancée although clarified by her that our petition will not expire until denied by consoler again, even after expiry of 180 days.

She's so confident on what USCIS immigration officer told her. But as per your advise, I'm in doubt.

My fiancée will travel again to India in August 2015. I wish to marry her in my tradition and that will be for us and not for USCIS. actually we had such plans and I have told consoler about it at the time of interview that in 90 days after my arrival at US, me and my fiancée will marry as per her tradition and later in the end of year we both come to India and will marry as per Indian tradition.

So, can I marry her for our own need, irrespective of USCIS and visa things. Though I'm not going to show it to USCIS as I know it will be a trouble then for us. I can register this marriage in India, later when she travel again.

Please advise.

[KierenHby 897]

Marrying her in India makes you ineligible for K-1. She then files CR1 as spouse, ~12mos.

Hiding material facts can be a risky proposition.

Edited June 14, 2015 by KierenHby

[Ebunoluwa 6,136]

Marrying her in India makes you ineligible for K-1. She then files CR1 as spouse, ~12mos.

Hiding material facts can be a risky proposition.

[Ebunoluwa 6,136]

Hi,

My fiancée is so sure after she spoke to a lady immigration officer on phone as customer care operator directed her call to her. As per their telephonic conversation, that lady immigration officer has assured her that our visa application is not denied yet, it's been returned to USCIS for review. They shall review the case again and will ask for more evidences in 180 days time bond. My fiancée although clarified by her that our petition will not expire until denied by consoler again, even after expiry of 180 days.

She's so confident on what USCIS immigration officer told her. But as per your advise, I'm in doubt.

My fiancée will travel again to India in August 2015. I wish to marry her in my tradition and that will be for us and not for USCIS. actually we had such plans and I have told consoler about it at the time of interview that in 90 days after my arrival at US, me and my fiancée will marry as per her tradition and later in the end of year we both come to India and will marry as per Indian tradition.

So, can I marry her for our own need, irrespective of USCIS and visa things. Though I'm not going to show it to USCIS as I know it will be a trouble then for us. I can register this marriage in India, later when she travel again.

Please advise.

If you marry in your tradition then you are married and have to proceed with a CR1. Period.

Your petition WILL expire I don't care how many times they tell you otherwise so go ahead and marry and file a CR1 unless you want to

re file a K1 then for heave's sake do NOT marry ! You think they won't find out but it will come to

bite you in the behind sooner or later. ALWAYS be honest !

Many found out the hard way that lies do not pay.

If your fiance is determined to wait out the 180 days because she believes what she been told then by all means let her wait the 6 months....it's just time.

Even traditional weddings that have not been registered and have no paper trail can surface during filed investigations and taken as a legal

binding wedding by the consulate. Church 'blessings' and other traditional celebrations just having a hint of a wedding are found out

and K1's denied. Why make it more complicated and take such a risk if you pursue a fiance visa ?

I found out long ago that what we want and what immigration requires are two different things and often don't mesh.

In a nut shell plan the wedding and do a CR1 whenever it will suit you both.

I suggest your fiance create an account and do her research here before taking another step.

[Neevs&day 5]

If you marry in your tradition then you are married and have to proceed with a CR1. Period.

Your petition WILL expire I don't care how many times they tell you otherwise so go ahead and marry and file a CR1 unless you want to

re file a K1 then for heave's sake do NOT marry ! You think they won't find out but it will come to

bite you in the behind sooner or later. ALWAYS be honest !

Many found out the hard way that lies do not pay.

If your fiance is determined to wait out the 180 days because she believes what she been told then by all means let her wait the 6 months....it's just time.

Even traditional weddings that have not been registered and have no paper trail can surface during filed investigations and taken as a legal

binding wedding by the consulate. Church 'blessings' and other traditional celebrations just having a hint of a wedding are found out

and K1's denied. Why make it more complicated and take such a risk if you pursue a fiance visa ?

I found out long ago that what we want and what immigration requires are two different things and often don't mesh.

In a nut shell plan the wedding and do a CR1 whenever it will suit you both.

I suggest your fiance create an account and do her research here before taking another step.

how long cr 1 visa process take? What evidences are required to submit. What is the assurances that it will approve, people are here denied and waiting too? Do you think an attorney can help us at this stage. I told my fiancée to have a look at all this, but she don't trust all this as she has faith in USCIS proceedings. She just got mail that there has been some recent action in our case and has been sent to an immigration officer for initial review. Edited June 14, 2015 by Neevs&daylen

[Ebunoluwa 6,136]

how long cr 1 visa process take? What evidences are required to submit. What is the assurances that it will approve, people are here denied and waiting too? Do you think an attorney can help us at this stage. I told my fiancée to have a look at all this, but she don't trust all this as she has faith in USCIS proceedings. She just got mail that there has been some recent action in our case and has been sent to an immigration officer for initial review.

CR1 process takes about 9-12 months. Here is the guide of the process. http://www.visajourney.com/content/i130guide1

CR1's are cheaper, you don't have to do AOS when you are here for $1070 but you process more paperwork through NVC phase.

You can work sooner, drive sooner with a CR1.

CR1's take longer but if they return a CR1 then it will NOT expire but you will have a second chance to respond with more evidence

to a NOIR letter and then it goes back to the embassy. Again ..... spousal visas do not expire, K1's do expire.

If you are both into researching these forums on how to proceed then no attorney is needed.

I can't stress enough the importance of the petitioner reading the guides and following instructions here.There is some terminology that you as

the beneficiary will not understand and only the USC will understand.

It takes time to do it right. Some attorneys cause delays. She will be doing all the leg work and the attorney just basically mails it off for

a lot of money.

If you both don't want to spend time here reading and researching and asking questions then get an attorney and spend the money.

Get a good one, some mess you up.

There is nothing else to say if she prefers to ride this returned petition out and wait until she sees it is expired in a letter 180 days later.

Good luck.

[Neevs&day 5]

Hi VJ,

we haven't heard from USCIS in 180 days, My fiance called them and asked for the reason of not hearing from them within specified time limit. Below is thereply that we have received from them. Can anyone help me what is this going on? what is security checks and how long it may take? Plz Help me....

The status of this service request is:

On 9/21/2015, you or your representative contacted USCIS concerning your I-129F to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved.

We have placed your case on a processing hold because the required security checks remain pending. Until we receive the results of these security checks, we cannot move forward on your case. We require the results of security checks before we make a decision on any pending case.

We cannot predict when we will receive the results of these security checks. Please be assured that we will make every effort to make a decision in your case as soon as the security checks are complete.

We hope this information is helpful to you.

[Ebunoluwa 6,136]

Sounds like the data entry is not complete that USCIS has to do in order to officially expire your petition and hence the security check excuse.

If your case was still at the embassy or NVC then it would make sense that you are in AP for security checks but USCIS received your case back

from the embassy in March 2015 and therefore they could care less about security checks because the case will be expired and closed out as

I previously mentioned.

You should receive your expiration letter soon. If not and you really want to see for yourself that it is expired, the petitioner can contact the senator

to make an inquiry as to where exactly your case is currently and you want the "review" letter which is the expiration letter. It is fruitless

at this point to make yourself more confused by calling the misinformation line because they don't know what they are talking about.