Why Case held at embassy

[Joetan 18]

This is what the embassy sent me have anyone ever received this message when contacting embassy about case being sent back. I wonder does this mean they sent the case back to the U.S. or are they telling me this so I can stop emailing them?

This case is no longer with our office. Once USCIS receives the petition and consular report, they will send the petitioner a Notice of Intent to Revoke (NOIR), and at that time the petitioner will have the opportunity to rebut consular findings directly with USCIS. USCIS will then make the decision to revoke or reaffirm. There is no further action to take with this office.

Consular Section

U.S. Embassy – Accra, Ghana

[Ebunoluwa 6,136]

Take it literally, the case was returned. They don't say that to make you stop emailing them.

[Jennie & Awal 1]

Do you have to refine they will send a reason then you send a rebuttal yes the wait is long but if you refine will you have same problem later? Just thoughts it hard waiting

[Joetan 18]

Do you have to refine they will send a reason then you send a rebuttal yes the wait is long but if you refine will you have same problem later? Just thoughts it hard waiting

I believe you were trying to ask about refilling I have been told that its not good to re-file the case due to the fact that you will spend money all over again and they can still reject you for the same reason so therefore the issues need to be addressed or else you will keep being rejected.

[Jennie & Awal 1]

Yes that's what I was sayin also, it cost to much to refile and the wait will be the same, I was told they send the files out and they go several different places collecting files so can take a few months to get back to Uscis . Ours took from august until January to be received back , some here even got the case back through Uscis and nothing new was needed for evidence case was reaffirmed and returned. Some needed more evidence of relationships. Take the time go back for visit if possible . I wish I would have just stay there with my husband then come back same time but I had to return to a job here in states.

[Joetan 18]

Yes that's what I was sayin also, it cost to much to refile and the wait will be the same, I was told they send the files out and they go several different places collecting files so can take a few months to get back to Uscis . Ours took from august until January to be received back , some here even got the case back through Uscis and nothing new was needed for evidence case was reaffirmed and returned. Some needed more evidence of relationships. Take the time go back for visit if possible . I wish I would have just stay there with my husband then come back same time but I had to return to a job here in states

have you heard anything from uscis yet did you find out what issue co had? The process is very long I agree I fell like its takes closer to 2 years I have not read anywhere that someone went through the reaffirm process in a 1 year or less

[Jennie & Awal 1]

My congressman inquired and he said he was told it actually takes a year from the time the uscis gets it back until they start to work on the case again so ours was received march 1 after being lost and reappeared after a diversion to Lincoln Nebraska, so it's been 16 months now from the time of interview but it will be three more months before they start on it. So really they do have a time line they follow but they don't tell you . The congress man got the information all I ever got was it's not got any time frame they work with. Your correct I think two years are normal because if done in march then returned it will be august again before we get appointment I'm guessing.

[Jennie & Awal 1]

Does he really have to take the evidence to the interview also? I thought if uscis approved the rebuttal you just went to interview to pick up your visa? I'm a little confused ?‍♀️ 

[Kofi_Adjoa 5]

5 hours ago, Jennie & Awal said:

Does he really have to take the evidence to the interview also? I thought if uscis approved the rebuttal you just went to interview to pick up your visa? I'm a little confused ?‍♀️ 

In any other country that will be the case, just go in and drop off your passport but in Ghana you still have to convince the CO the marriage is real. Some CO will just inform you the petition has been approved others will grill you again.

 

Just prepare for the worse case scenario. 

[Ebunoluwa 6,136]

The CO can refuse again and return the petition again if he thinks relevant reasons have surfaced that USCIS has not previously seen.
The reaffirmation process takes many months and a lot can happen meanwhile with a couple, for example the petitioner could have

lost interest in pursuing the case this long. So yes, ongoing relationship evidence (for Ghana everything but the kitchen sink) is still

needed. It is up to the CO to accept it or not.

[Jennie & Awal 1]

Yes that's good advice to take extra photos and evidence of ongoing relationship then. Thanks everyone. ! ??

[Joetan 18]

 

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IcezMan_IcezLady  459

Replied: 16 hours ago · Report

On 2/16/2017 at 8:30 PM, Joetan said:

This what I received through email today  I don't know what they  mean. My husband has never been to USA nor has he been married before. Has anybody received letter like this before help me out thanks.

 

We are writing in response to your February 15 letter to the Department of State concerning the immigrant visa case of your husband,  Your letter was forwarded to the Visa Office,  Inquiries Division for our reply. 

 

Visa applications are adjudicated on a case-by-case basis according to the provisions of the Immigration and Nationality Act (INA) and applicable federal regulations.  The authority to issue or refuse visas is vested solely in consular officers abroad by section 104(a) of the INA.  For this reason, the Department of State in Washington, D.C. cannot overturn consular decisions.  Our review of Department records confirmed that your husband was interviewed at the U.S. Embassy in Accra, Ghana, on October 20, 2016.  After the interview and a thorough review of his visa application, the consular officer found that the applicant was not eligible for the visa category in which he was applying.  The Petition for Alien Relative (I-130) you filed on his behalf was returned to U.S. Citizenship and Immigration Services (USCIS) for their review.

 

Upon completing their review, USCIS will advise you of their decision.  You will be contacted by USCIS and provided an opportunity to address any issues relating to the petition.  Because the case has been returned to USCIS, the Department of State no longer has jurisdiction over it.  Any questions or concerns you may have should be directed to USCIS at 1-800-375-5283.  

Edited February 18, 2017 by Joetan

[Transborderwife 4,666]

WE need more info.  Any red flags?  Your timeline?

[NikLR 13,220]

I'm sorry what are you asking?  You've posted this before? 

[Joetan 18]

1 minute ago, NikLR said:

I'm sorry what are you asking?  You've posted this before? 

I've never posted this I just received this on Feb 15th I was asking has anybody received letter like this from state after inquiry on their case