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case has been stuck at USCIS after consulate returned it for further review

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

Thank you once again for the respond...So can my wife also file a law suit against the embassy and Department of State for it to speed up the process?

I had filed a law suit against the Department of State and the embassy. My case is very different from most people. I got my NOIR within 1 month of USCIS getting my caseback and got an approval from USCIS within 2 weeks. Once our case was sent back to Pakistan it took 2 more years of AP before my husband got his visa. In total it took 4and one half years for my husband to get his visa.

I think the average time to get a NOIR is 6 to 8 months or 180 days if I remember right. The best advice I can give is go on with your life. Do fun things and try to relax. The visa process is slow but it will end one day.

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Thank you once again for the respond...So can my wife also file a law suit against the embassy and Department of State for it to speed up the process?

I filed the law suit when our case was first in AP at the embassy and we were waiting to see if he would get his visa. The average amount of time is 180 days for a NOIR. USCIS is within that time frame in your case. Just wait and you will get your NOIR.

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

Thank you so much Carolyn for the quick answer and we gonna wait till we hear frm USCIS

I filed the law suit when our case was first in AP at the embassy and we were waiting to see if he would get his visa. The average amount of time is 180 days for a NOIR. USCIS is within that time frame in your case. Just wait and you will get your NOIR.

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Filed: Timeline

I am sorry for not having timeline. here i have updated my case history.

Got married. 08/2013
I-130 Petition file. 10/2013
Uscis approved. 03/2014
Nvc case number assigned 05/2014
Aos submitted. 06/2014
Ds260 submitted. 06/2014
Nvc sent case to Mumbai consulate. 09/2014
Medical 09/2014
Biometrics 09/2014
Interview 10/2014
Consulate issued 221g after interview

Responded with documents for 221g 10/2014

Mumbai consulate put case under AP for 1 month.

Consulate sent my case back to nvc. 11/2014
Uscis received case back from NVC for further review. 12/2014

Since then no update. status says they are reviewing the case and will contact us when review is done.

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  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

Am a Ghanaian the beneficiary attended my interview on the 7th October 2014. I was asked to come with two additional document. Co-sponsor , DNA test for our 16 months old son, and Says Administrative Processing. We were able to arranged for the DNA test which is currently stuck at the embassy, whiles preparing the Co-sponsor paper work. A month later after my interview the embassy called me to tell me that they are sending our case back to USCIS for revoke. Reasons given was that my wife has to right to obtain her divorce papers in the country Mexico. Our case is still sitting at USCIS for review. Actually my wife has provided a credible document from the Mexican Judiciary saying her divorce was legal done in Mexico and the divorce papers can be tender in any country. We dont know how long this is going to hold our lives, my son is heading to two years now all i do is see him on videos and pics. So painful but hoping all shall come to pass. Is there any Ghanaian and other Nationalities having similar issues like ours?

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  • 3 months later...
Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

just an update on my case my wife has received the NOIR in the mail on 14th of this month but it was sent on the 9th and my wife has has hired an attorney and gave her all the evidence we have to respond it for us...so after submitting the requested docs to the USCIS how long does it take for them to make a decision?

Thank you once again for the respond...So can my wife also file a law suit against the embassy and Department of State for it to speed up the process?

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

just an update on my case my wife has received the NOIR in the mail on 14th of this month but it was sent on the 9th and my wife has has hired an attorney and gave her all the evidence we have to respond it for us...so after submitting the requested docs to the USCIS how long does it take for them to make a decision?

You say your case has been stuck at USCIS but you don't say for how long and what kind of visa it is. People say just wait and offer no other advice because of that. The USCIS decision can come to you in the mail at any time and you need to be prepared for that. If your case if difficult and you have an idea what the problem might be you should be gathering the things you need to win your rebuttal. If you need an immigration lawyer to help you start making phone calls to get free advice and find out how much each one charges. You will only have 30 days to respond to USCIS.

Our Notice Of Intent To Revoke went to my lawyers office and she emailed me a copy and I retained her again to handle the NOIR because we had a difficult case. My husband is one of those people who put things off until the last minute so my the lawyer got the paperwork into USCIS the day before the deadline. I can tell you I was pulling my hair out waiting for the papers from Pakistan and pulling it out some more waiting for the decision from USCIS. My husband is here now with his green card. Everything worked out for us and it can work out for you too.

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