Case sent back AGAIN to Uscis after Reaffirmation

[lutz 41]

Hello everyone, has anyone been through the following situation:  My husband's CR1 application was denied in September 2015 in Ghana.  It was then Reaffirmed by the USCIS in December 2016.  The embassy in Accra, having received the reaffirmation, has sent the case back again to USCIS, disagreeing with the USCIS's reaffirmation decision.

 

We don't even know why he was denied.  We have an age difference, I am the woman and I am older, but the interviewing officer never once brought that up in the interview.  She was focusing on two other issues that I won't get into here, but never mentioned the age difference, which makes me believe it's not that.  

 

Anyone who has gone through this, please let me know.  We are at our wit's end and need to decide what to do. 

 

Thank you.

[onileowo 7]

Please what are the two cases that u don't want to mentioned. It is good u mention them so that people can know how to address the matter here. African embassy are the most difficult embassies around the world.

[O&GForever 387]

Was your case reaffirmed after you submitted additional evidence to the USCIS or without additional evidence needed? 

 

This is just a thought. But I would guess if the USCIS reaffirmed it with out additional evidence to address the embassy's concerns that may be why it was sent back again. 

[Ryan H 3,795]

Moved from Process & Procedures to Progress Reports.

[Ebunoluwa 6,136]

Lutz, without going into the details no one can give advice on how to proceed.
It has to be new evidence they are using and claim USCIS has not seen during the initial reaffirmation.
They can also sift through new evidence you may have submitted or they did a field investigation/home visit

to bring another issue.
Also very possible that if USCIS did not request a response to a NOIR/NOID from you then that could be why the embassy

send it back again. There isn't anything to do for you except keep visiting, keep up with ongoing evidence and keep
having the senator check on it periodically. So sorry for your troubles. Hang in there !

[nyala62 82]

lutz you need to confirm this information by calling USCIS or NVC 

[bravagreen 36]

This is confusing because ours and a lot of others that got reaffirmed in September and October have not have interview yet and how come yours was called so fast and denied?. And if there was a second interview then I think the only way you would get help from this resourceful platform is to openly say it all what the issues were at the interview then a lot of people would offer analysis and possible suggestions to help your case.

 

[lutz 41]

4 hours ago, bravagreen said:

This is confusing because ours and a lot of others that got reaffirmed in September and October have not have interview yet and how come yours was called so fast and denied?. And if there was a second interview then I think the only way you would get help from this resourceful platform is to openly say it all what the issues were at the interview then a lot of people would offer analysis and possible suggestions to help your case.

 

My husband was not called for an second interview.  His case was just sent back to USCIS without a second interview, which is why we were surprised that they would do this without even speaking to him again.  

 

 

[lutz 41]

10 hours ago, Ebunoluwa said:

Lutz, without going into the details no one can give advice on how to proceed.
It has to be new evidence they are using and claim USCIS has not seen during the initial reaffirmation.
They can also sift through new evidence you may have submitted or they did a field investigation/home visit

to bring another issue.
Also very possible that if USCIS did not request a response to a NOIR/NOID from you then that could be why the embassy

send it back again. There isn't anything to do for you except keep visiting, keep up with ongoing evidence and keep
having the senator check on it periodically. So sorry for your troubles. Hang in there !

Thank you for your supportive words.  No need to go into detail about the reasons again, but your answer does make sense.  Maybe the embassy was expecting the USCIS to issue an NOIR/NOID, and when they didn't and simply reaffirmed it, they didn't go for that and sent it back.  

[lutz 41]

9 hours ago, nyala62 said:

lutz you need to confirm this information by calling USCIS or NVC 

I called the USCIS yesterday, and they could not confirm they have the file, but said it may take a couple of weeks for it to be put into their system.

[lutz 41]

15 hours ago, O&GForever said:

Was your case reaffirmed after you submitted additional evidence to the USCIS or without additional evidence needed? 

 

This is just a thought. But I would guess if the USCIS reaffirmed it with out additional evidence to address the embassy's concerns that may be why it was sent back again. 

I agree.  No NOIR was issued.  We didn't even know exactly why it was denied in the first place, nothing was checked on the checklist.  Well, it's on it's way back for round 2 at the USCIS, what can we do but wait again?

[bravagreen 36]

But please how did you know and certain that they have returned the case without you attending interview? Because wen you follow the ceac system it can be deceptive sometimes. 

[lutz 41]

1 hour ago, bravagreen said:

But please how did you know and certain that they have returned the case without you attending interview? Because wen you follow the ceac system it can be deceptive sometimes. 

True. I was shocked when I heard where the file was.  I had been emailing, even FedExing the embassy, and they kept telling me they did not even have the file there at the embassy.  This was all the way up to the 5th of March.  They even sent an email to my lawyer, saying they did not have the file there.

Then, just yesterday, my congressperson's rep called me and he is the one who told me what was going on.  I would not have known anything without his being able to get in touch with the embassy.

Have you been trying to contact the embassy?  Have you involved your congressperson or Senator?  If not, you should.  It seems the only way you will get the real story.

Edited March 9, 2017 by lutz

[bravagreen 36]

For me I think is not convincing what the congressperson told you. You know since the embassy haven't enter your case into their system it will still be reading the last return of the case. Probably they checked and realised the system still says your case is been returned and that is exactly what they will tell the congressperson. Exhale and relax because I am sure your case is not returned. The embassy will not return a case without interview, how about that? This congressmen, uscis,nvc, the embassy and sometimes some of the immigration lawyers can always give you false information. 

[lutz 41]

1 hour ago, bravagreen said:

For me I think is not convincing what the congressperson told you. You know since the embassy haven't enter your case into their system it will still be reading the last return of the case. Probably they checked and realised the system still says your case is been returned and that is exactly what they will tell the congressperson. Exhale and relax because I am sure your case is not returned. The embassy will not return a case without interview, how about that? This congressmen, uscis,nvc, the embassy and sometimes some of the immigration lawyers can always give you false information. 

Really?  Ok.  I did call the USCIS and they don't have it, at least that's what they told.  I'm so disgusted with it all.  Like you say, I'll just relax, exhale and wait.  thanks.