Spouse case sent back to USCIS after interview

[Ussponsorpaki 11]

I am a US citizen and I filed i130 for my spouse in november 2016.  He had his interview august 2017.  I was at the interview with my husband.  At the interview they discovered that I am missing a document from my previous divorce and based on that, his case was sent back to USCIS.  I have contacted USCIS and they said they need 180 days to review.   After that, I can inquire about it.   Can anyone guide me through this or offer insight if this is something they went through.  I am getting advice that I should refile. Is it true that the returned case may not be looked at.  Will it just sit there?  I also contacted the senator office and all they got out of USCIS is that the case is under review

[Cyberfx1024 7,980]

18 minutes ago, Ussponsorpaki said:

I am a US citizen and I filed i130 for my spouse in november 2016.  He had his interview august 2017.  I was at the interview with my husband.  At the interview they discovered that I am missing a document from my previous divorce and based on that, his case was sent back to USCIS.  I have contacted USCIS and they said they need 180 days to review.   After that, I can inquire about it.   Can anyone guide me through this or offer insight if this is something they went through.  I am getting advice that I should refile. Is it true that the returned case may not be looked at.  Will it just sit there?  I also contacted the senator office and all they got out of USCIS is that the case is under review

What were you missing and why didn't they just ask you for it at that point in time? Once your petition gets sent back to USCIS it is essentially dead and you must refile for it. But that still won't help with what was needed before.

[Ussponsorpaki 11]

I was missing divorce registration certificate.  I was not sent that document from my ex and therefore didn't have it.  I did however have another divorce document that I originally submitted with my case.  They didn't allow me an oppurtunity to provide the missing document.  I did however submit the document that day through the embassy web site.   They never acknowledged receipt of it or anything.   At the interview, they told us verbally the status of the case that it is being sent back.  They didn't give any slip or anything.   When I contacted them again via their website, I was told that the case is under administrative revieq and a few weeks later case status was that kt has been returned to NVC and finally it made its way back to USCIS.  Since I am a US citizen and this is a spouse visa, is it still considered dead?  I would refile then.   

[JFH 12,195]

*~*~*moved from "bringing family members of USCs" to "IR-1/CR-1 spouse visa process and procedures*~*~*

[milimelo 4,817]

No, only for K-1 visa do they let petition to expire. 

For CR/IR-1 cases you’ll get either notice of intent to deny NOID or notice of intent to revoke NOIR where they’ll list the reason(s) why they came to that determination. That’s your one last chance to prove everything and rebut their conclusions with your own evidence. 

 

Does take time to get NOID/NOIR and you have limited time to respond- 30 days? so be ready for it. 

 

 

[Ussponsorpaki 11]

Thank you for the replies.  I appreciate the help.  According to USCIS, the review period will end May 29.  I am assuming that I will get something after that date.  Any clue as to how long it takes to get that NOID/NOIR.  

[brazillian 3]

On 3/28/2018 at 11:24 AM, Ussponsorpaki said:

Thank you for the replies.  I appreciate the help.  According to USCIS, the review period will end May 29.  I am assuming that I will get something after that date.  Any clue as to how long it takes to get that NOID/NOIR.  

im in the same situantion =/

what happend to you case?

 

 

[Ahmed&Freda 628]

On 3/26/2018 at 12:54 PM, Ussponsorpaki said:

I am a US citizen and I filed i130 for my spouse in november 2016.  He had his interview august 2017.  I was at the interview with my husband.  At the interview they discovered that I am missing a document from my previous divorce and based on that, his case was sent back to USCIS.  I have contacted USCIS and they said they need 180 days to review.   After that, I can inquire about it.   Can anyone guide me through this or offer insight if this is something they went through.  I am getting advice that I should refile. Is it true that the returned case may not be looked at.  Will it just sit there?  I also contacted the senator office and all they got out of USCIS is that the case is under review

Your case will not die...it will take a few months for USCIS to review and they will send you a NOIR (because your petition was already approved it's in jeopardy of being revoked).  You will have 30 days to respond.  Respond to each point of the NOIR and attach any evidence that will be helpful.  They didn't take long to review ours but I think they usually say it could take another 180 days.  Ours took two weeks.  

 

Do not refile as you still have an open petition and you need to overcome the embassy issues with your case or you could just be in this same situation next year.

[Ussponsorpaki 11]

1 hour ago, brazillian said:

im in the same situantion =/

what happend to you case?

 

 

My case is still at USCIS.  Still waiting to receive something from them

[Ussponsorpaki 11]

1 hour ago, Ahmed&Freda said:

Your case will not die...it will take a few months for USCIS to review and they will send you a NOIR (because your petition was already approved it's in jeopardy of being revoked).  You will have 30 days to respond.  Respond to each point of the NOIR and attach any evidence that will be helpful.  They didn't take long to review ours but I think they usually say it could take another 180 days.  Ours took two weeks.  

 

Do not refile as you still have an open petition and you need to overcome the embassy issues with your case or you could just be in this same situation next year.

Do you remember how long it took USCIS to review your case before they sent you NOIR?

[Ahmed&Freda 628]

2 minutes ago, Ussponsorpaki said:

Do you remember how long it took USCIS to review your case before they sent you NOIR?

Our interview was 12/13/17

Our case was returned to NVC 1/4/18

USCIS received from NVC 2/23/18

USCIS sent us NOIR 6/4/18

USCIS  confirmed receipt of our rebuttal 6/25/18

USCIS reaffirmed the case 7/9/18

[Ussponsorpaki 11]

1 minute ago, Ahmed&Freda said:

Our interview was 12/13/17

Our case was returned to NVC 1/4/18

USCIS received from NVC 2/23/18

USCIS sent us NOIR 6/4/18

USCIS  confirmed receipt of our rebuttal 6/25/18

USCIS reaffirmed the case 7/9/18

Thanks for the timeline.  It's great they sent you NOIR in 4 months.  It has been 9 months for us and still no NOIR

[Ussponsorpaki 11]

Still waiting for USCIS to issue a NOID

[CJlove 147]

On 11/12/2018 at 5:00 AM, Ussponsorpaki said:

Still waiting for USCIS to issue a NOID

Still...??? 

[Ussponsorpaki 11]

Yes.  I've reached out to Congressman also but still nothing from USCIS