USCIS review

[Chris & Pam 11]

Greetings everyone.

Looking for advice and moral support.

Our K-1 was sent back to USCIS by the embassy in Colombo, Sri Lanka for review on November 12, 2015. USCIS didn't show it their system for review till February 1, 2016. I called the USCIS customer service number, explaining this, and was "bumped up" a level and spoke with an Officer. She said she would make inquiry, and have someone inform me of the status of our case. They did, and I received a stock letter from the local office here in Memphis, TN. Essentially, it told me nothing new. In fact, it looked as if it were a regurgitation of information readily available on their website. In effect, it said they (USCIS) does the initial processing, then it's the Department of State responsibility. This letter was dated March 23, 2016 well after the February 1 date.

I then made a request to CIS's Ombudsman's office, and their reply stated that they consider 6-12 months normal processing time for USCIS to review an application, and would not be willing to help further until such time.

I have been consulting with a local attorney (strictly getting email advice) since I have "legal insurance" through work that covers such. I have spoken with a co-worker who made mention he knew of another co-worker who ran into issues with getting his spouse to the US (I believe it was a spousal visa), and mentioned he (seconded man) didn't seem to get results until he enlisted the services of an attorney.

As of last week, I have hired the aforementioned lawyer at the sum of $200/hr. I sent him an initial check for $600, but as you can imagine, at $200/hr that goes quickly. The lawyer strikes me as honest and a straight shooter. I work nights and long hours; hence the decision to enlist his help. I haven't been advised by the attorney to any work he has done on my behalf as of yet.

My questions are: how deep do I go with this attorney; what has been others experience with a similar situation; and what advice would some experienced members offer.

I do sincerely and earnestly appreciate any and all help that can be offered. Please, if you don't know what to do, but know of another member who could help, I would be so very grateful if you would put them in touch with me.

All the best. Thanks.

Chris

[NikLR 13,232]

K1 that are generally sent back are generally left to expire. That is the NOA2 expires and petition with it. Most people with a denied K1 either refile, or get married and try the CR1, generally with success if they know why the K1 was denied.

[Chris & Pam 11]

K1 that are generally sent back are generally left to expire. That is the NOA2 expires and petition with it. Most people with a denied K1 either refile, or get married and try the CR1, generally with success if they know why the K1 was denied.

That was the understanding I had as well, but when speaking to the second level officer at USCIS, she was quite adamant that wouldn't be the case.

Is it possible to file a FOIA request on an application that is still in process? If I could see the Consular notes as to why she returned it for review, I would consider withdrawing this K 1 application, and proceed with a CR1 to save considerable time and money.

[Chris & Pam 11]

K1 that are generally sent back are generally left to expire. That is the NOA2 expires and petition with it. Most people with a denied K1 either refile, or get married and try the CR1, generally with success if they know why the K1 was denied.

Just spoke with USCIS again via their customer service number. Was told again that the application would not expire since it was already approved previously.

She did say, that if and when it's reaffirmed, the 90 day clock starts again.

[NikLR 13,232]

With a CR1 i would agree with yoh but not a K1, at least not from previous posts on VJ.