Petition sent back to USCIS for review

[slherbin 3]

I received a text this morning from the USCIS they are reviewing our case and they will send me a letter once they are done, also our status was updated on their website that it is being reviewed.

Edited August 25, 2017 by slherbin

[C-ma'am 684]

**Post moved from K1 Process to Progress Reports

[Maria1989 403]

That is probably just an update that it got back to the US from the embassy, then it expires. The fiancé Visa does not really get reviewed.

[O&GForever 387]

I have to agree with @Maria1989. K1 visa don't get reviewed. They may say they are reviewing it, but most likely it will be left to expire and you'll get a letter stating such. 

 

I would highly recommend contacting you Congresssman or Senator to try and find out the reasons you were denied, so you know what to overcome with your next petition. Then move forward with a CR1 visa. 

[geowrian 22,335]

https://my.uscis.gov/helpcenter/article/what-happens-when-the-department-of-state-dos-refuses-to-issue-the-k-1-visa-and-returns-the-expired-petition-to-uscis

[Ebunoluwa 6,136]

5 hours ago, slherbin said:

I received a text this morning from the USCIS they are reviewing our case and they will send me a letter once they are done, also our status was updated on their website that it is being reviewed.

It will not be reviewed. It will expire as I said earlier. Your letter will state that it is expired.
The notification is part of an outdated process that they have not fixed.

[Maria1989 403]

@slherbin at this point time is just wasting away, your Fiancé Visa will expire, using the link above you will see the very same information and that is directly from the USCIS website ! After waiting all these months, you could have married, sent in a formal FOIA request to try and get confirmation of the reasons for denial and begun your process.... Although I do believe that you were at one point told that they thought you were possibly already married or that your relationship was not bonafide or some sort of fraud, it I recall correctly. I believe at this point you may have wasted almost 6 months and now the Spousal Visas are taking up to 16 months, so account that into your wait time as well... Be mindful that the Consulate will have access to your previous petition and the reasons for the return, considering all the red flags you have and the returned petition it would be better to use this time wisely.... Presenting the same petition and expecting a different result, is not wise to say the least. Sitting and waiting for a reaffirmation will not happen. 

 

To be honest, I believe you were given the same advice on a prior post over 2 months ago.... 

[AnGrig 5]

I am totally confused after this letter... 
is there anyone who had a similar experience or understands what they mean?
Any help or advice will be highly appreciated

[geowrian 22,335]

15 minutes ago, AnGrig said:

I am totally confused after this letter... 
is there anyone who had a similar experience or understands what they mean?
Any help or advice will be highly appreciated

The petition was sent back to USCIS with a recommendation to revoke it. It will sit there until 10/18/2018, at which point it will expire and die. The USC needs to submit a new petition...preferably marrying, figuring out what went wrong, and then sending an I-130 petition. Alternatively, you can just do another I-129F, but you may be setting yourself up for another refusal with no options to challenge the refusal again.

[AnGrig 5]

17 minutes ago, geowrian said:

The petition was sent back to USCIS with a recommendation to revoke it. It will sit there until 10/18/2018, at which point it will expire and die. The USC needs to submit a new petition...preferably marrying, figuring out what went wrong, and then sending an I-130 petition. Alternatively, you can just do another I-129F, but you may be setting yourself up for another refusal with no options to challenge the refusal again.

are they kidding us? Is tehre any way to avoid it? maybe contacting the senator can help?

[geowrian 22,335]

2 minutes ago, AnGrig said:

are they kidding us? Is tehre any way to avoid it? maybe contacting the senator can help?

USCIS does not review a returned I-129F anymore by policy, It will sit until it expires.

You can contact a senator, but there's not a way around the policy that I am aware of.

 

I would focus on why was the petition returned...insufficient evidence of a bona fide relationship? Questions the CO asked?

[Shiran 1,134]

37 minutes ago, geowrian said:

USCIS does not review a returned I-129F anymore by policy, It will sit until it expires.

@geowrian Not doubting your word, but I am curios where is this policy stated? I tried following one of the links from earlier in the thread, but it is 404ed. And what is the reason behind letting them slowly expire instead of just sending refusal? That seems rather sadistic. 

[geowrian 22,335]

7 minutes ago, Shiran said:

@geowrian Not doubting your word, but I am curios where is this policy stated? I tried following one of the links from earlier in the thread, but it is 404ed. And what is the reason behind letting them slowly expire instead of just sending refusal? That seems rather sadistic. 

You can lookup what a "P6C" marker is if you are curious as to the history of the process and when the change to let the petition expire occurred and why.

 

The long and short of it is that the returned I-129F is assigned a fraud marker ("P6C"). USCIS would then review the petition and either agree and revoke the petition (turning the fraud marker into a fraud finding), issue a NOIR, or reaffirm the petition.

A fraud finding creates a much bigger hurdle on any subsequent visa attempt...requiring not just the visa to be otherwise approved, but also an I-601 being filed and approved to overcome the permanent bar associated with a prior fraud finding. This adds significant cost (~$1000 + any attorney fees) + around a year or so for processing of the waiver.

The decision was to basically let the petition expire and allow the individuals to refile instead of putting them through that longer and more costly process.

Edited August 30, 2018 by geowrian

[Shiran 1,134]

25 minutes ago, geowrian said:

You can lookup what a "P6C" marker is if you are curious as to the history of the process and when the change to let the petition expire occurred and why.

Thank you for expalanation, what you wrote makes some twisted amount of sense from USCIS point of view.

 

Found this https://www.philipcurtislaw.com/news/2018/2/18/understanding-the-possible-adverse-consequences-of-an-i-130-denial that seems to go into details (but also acts as "you need a lawyer!" type advertisement) 

[AnGrig 5]

1 hour ago, geowrian said:

USCIS does not review a returned I-129F anymore by policy, It will sit until it expires.

You can contact a senator, but there's not a way around the policy that I am aware of.

 

I would focus on why was the petition returned...insufficient evidence of a bona fide relationship? Questions the CO asked?

There was no interview, as far as we knew the case was sent back from nvc and never reached the embassy.... I can't understand the reason...