Cr1

[Bleek Emmanuel Ja 1]

Good morning all, please I had my cr1 interview 30th of January 2018 and I was place on AP since then after demanding for some documents , I just got a call from the embassy early November saying my case as being sent to the USCIS attached with memorandum . just last week my wife called the nvc and find out the case got to them and up till now they still holding it , we called and they keep saying its on AP.  My question now is that, I thought the nvc will receive the case and send it across to the USCIS.  But to my surprise the case is still with nvc and its going to 2 weeks now. Please some one should advise the situation for me to be clear

 

Thanks

[kris&me 572]

for returned CR1 cases it can take up to 6 months to hear about the NOIR/NOID

[Khallaf 646]

4 hours ago, Bleek Emmanuel Ja said:

Good morning all, please I had my cr1 interview 30th of January 2018 and I was place on AP since then after demanding for some documents , I just got a call from the embassy early November saying my case as being sent to the USCIS attached with memorandum . just last week my wife called the nvc and find out the case got to them and up till now they still holding it , we called and they keep saying its on AP.  My question now is that, I thought the nvc will receive the case and send it across to the USCIS.  But to my surprise the case is still with nvc and its going to 2 weeks now. Please some one should advise the situation for me to be clear

 

Thanks

the return to USCIS actually can take up to a year, in some rare cases even longer.

 

did they give you a 221G were you missing any papers?

[Ahmed&Freda 628]

5 hours ago, Bleek Emmanuel Ja said:

Good morning all, please I had my cr1 interview 30th of January 2018 and I was place on AP since then after demanding for some documents , I just got a call from the embassy early November saying my case as being sent to the USCIS attached with memorandum . just last week my wife called the nvc and find out the case got to them and up till now they still holding it , we called and they keep saying its on AP.  My question now is that, I thought the nvc will receive the case and send it across to the USCIS.  But to my surprise the case is still with nvc and its going to 2 weeks now. Please some one should advise the situation for me to be clear

 

Thanks

It will be in Administrative processing at NVC for a few weeks.   They do some inputting in the computer.  NVC does not make decisions and will not be able to give you more info on your returned petition.  

 

Once with USCIS it could take 6 months to a year before you hear something.   I got my NOIR in less than 6 months but every case is different.   Once USCIS responds with the NOIR than you can make your next move.  At this point if you have any idea why they are returning the petition its good to get all the evidence needed now to rebut since you'll only be given 30 days to submit.

Edited November 26, 2018 by Ahmed&Freda

[Bleek Emmanuel Ja 1]

2 hours ago, Khallaf said:

the return to USCIS actually can take up to a year, in some rare cases even longer.

 

did they give you a 221G were you missing any papers?

Yes bro, they gave me a 221g for me to get the missing docs and I submit the 221g together with docs requested . but they did not give me any kind of form before they return it this time . 

[Khallaf 646]

1 minute ago, Bleek Emmanuel Ja said:

Yes bro, they gave me a 221g for me to get the missing docs and I submit the 221g together with docs requested . but they did not give me any kind of form before they return it this time . 

what papers were you missing, and when you sent them back did you follow up with the embassy to make sure they got them?

 

had you been in contact contact with them about the case?

 

 

[Bleek Emmanuel Ja 1]

53 minutes ago, Ahmed&Freda said:

It will be in Administrative processing at NVC for a few weeks.   They do some inputting in the computer.  NVC does not make decisions and will not be able to give you more info on your returned petition.  

 

Once with USCIS it could take 6 months to a year before you hear something.   I got my NOIR in less than 6 months but every case is different.   Once USCIS responds with the NOIR than you can make your next move.  At this point if you have any idea why they are returning the petition its good to get all the evidence needed now to rebut since you'll only be given 30 days to submit.

Mine will be different in Jesus 

[Bleek Emmanuel Ja 1]

2 minutes ago, Khallaf said:

what papers were you missing, and when you sent them back did you follow up with the embassy to make sure they got them?

 

had you been in contact contact with them about the case?

 

 

Thank you my brother.  The tax return papers are not complete and it was discovered at the time of my interview and also the death certificate of my previous wife.  my wife got the tax ready and sent to me immediately and I did got the death cert ready too. This is after my interview and I had being in contact with them the embassy till date .  they receive all the document and they place me on AP since January and they just return the case to the USCIS early this November.

[Khallaf 646]

1 minute ago, Bleek Emmanuel Ja said:

Thank you my brother.  The tax return papers are not complete and it was discovered at the time of my interview and also the death certificate of my previous wife.  my wife got the tax ready and sent to me immediately and I did got the death cert ready too. This is after my interview and I had being in contact with them the embassy till date .  they receive all the document and they place me on AP since January and they just return the case to the USCIS early this November.

I am more of a sister by the way.

 

the death of your wife, and the marriage to new wife, were close or not close at all, was the marriage of new wife before death of old wife?

 

now the next question needs answered, you should have had the papers for the death of your first wife, when your now current wife sent in the petition for you.

 

I assume this was a CR1 case, and how did it get past NVC if the tax papers were not completed?

 

if your interview was Jan 30, 2018, it would only have required to have the 2016 tax papers completed, these are the same papers that would have had to submitted to NVC in order to get a case completion and sent to embassy in your country.

[Bleek Emmanuel Ja 1]

9 minutes ago, Khallaf said:

I am more of a sister by the way.

 

the death of your wife, and the marriage to new wife, were close or not close at all, was the marriage of new wife before death of old wife?

 

now the next question needs answered, you should have had the papers for the death of your first wife, when your now current wife sent in the petition for you.

 

I assume this was a CR1 case, and how did it get past NVC if the tax papers were not completed?

 

if your interview was Jan 30, 2018, it would only have required to have the 2016 tax papers completed, these are the same papers that would have had to submitted to NVC in order to get a case completion and sent to embassy in your country.

My previous wife died 4 years ago before my marriage to my new wife . and the tax paper was intact when passing thru the nvc but on getting to the consular desk , the consular said its not enough and I will need my wife relative tax paper for support my wife tax . and that was done and its okay.  About the death cert, I did not know all this things will be required from me. You know, its Africa and we dont take all this things seriously until my interview and I went straight to the hospital and the government office to get it done and I explain this same explanation to the consular on the day of my interview and this is why she gave me the go ahead and get the death documents just for me to be able to submit together with the support tax return papers.

[Bleek Emmanuel Ja 1]

1 hour ago, Ahmed&Freda said:

It will be in Administrative processing at NVC for a few weeks.   They do some inputting in the computer.  NVC does not make decisions and will not be able to give you more info on your returned petition.  

 

Once with USCIS it could take 6 months to a year before you hear something.   I got my NOIR in less than 6 months but every case is different.   Once USCIS responds with the NOIR than you can make your next move.  At this point if you have any idea why they are returning the petition its good to get all the evidence needed now to rebut since you'll only be given 30 days to submit.

Please kindly tell me the next move you think the USCIS will ask us to do when they receive the case ?  

[Khallaf 646]

4 minutes ago, Bleek Emmanuel Ja said:

My previous wife died 4 years ago before my marriage to my new wife . and the tax paper was intact when passing thru the nvc but on getting to the consular desk , the consular said its not enough and I will need my wife relative tax paper for support my wife tax . and that was done and its okay.  About the death cert, I did not know all this things will be required from me. You know, its Africa and we dont take all this things seriously until my interview and I went straight to the hospital and the government office to get it done and I explain this same explanation to the consular on the day of my interview and this is why she gave me the go ahead and get the death documents just for me to be able to submit together with the support tax return papers.

I am frankly shocked, that your new wife didn't end up with a RFE, if the death certificate wasn't loaded into the petition from start.

 

and there is a list of all things that are required to take to interview.

 

at this point your wife can contact NVC and talk to them ask them to look at the notes on the account to see the exact status if they will tell her.

 

I would venture to say your wife will need to show proof of bonafide marriage, there was something the CO didn't like and the reason it was sent back to NVC, and ultimately USCIS, I would recommend having her speak to an immigration attorney at this point if things have not been understood what is need from start which is what it sounds like.

[Bleek Emmanuel Ja 1]

3 minutes ago, Khallaf said:

I am frankly shocked, that your new wife didn't end up with a RFE, if the death certificate wasn't loaded into the petition from start.

 

and there is a list of all things that are required to take to interview.

 

at this point your wife can contact NVC and talk to them ask them to look at the notes on the account to see the exact status if they will tell her.

 

I would venture to say your wife will need to show proof of bonafide marriage, there was something the CO didn't like and the reason it was sent back to NVC, and ultimately USCIS, I would recommend having her speak to an immigration attorney at this point if things have not been understood what is need from start which is what it sounds like.

Thanks . We are talking to an attorney already but we are still wait to see if the case will be send to the USCIS or sent back to the embassy.  During the filing of the case, my wife only mentioned that I have a child and not my previous wife is dead . that's the problem . I think the USCIS will demand for the death certificate now. Thank you very much .

[Khallaf 646]

5 minutes ago, Bleek Emmanuel Ja said:

Thanks . We are talking to an attorney already but we are still wait to see if the case will be send to the USCIS or sent back to the embassy.  During the filing of the case, my wife only mentioned that I have a child and not my previous wife is dead . that's the problem . I think the USCIS will demand for the death certificate now. Thank you very much .

did you consulate an attorney before?

 

the I-130 clearly states must list all previous marriages, if the consulate denied your visa on the fact that the previous marriage was not reported it is likely they would see it as an intent to lie.

 

I assume it was brought up at interview about your previous wife?

[dwheels76 5,459]

34 minutes ago, Bleek Emmanuel Ja said:

Thanks . We are talking to an attorney already but we are still wait to see if the case will be send to the USCIS or sent back to the embassy.  During the filing of the case, my wife only mentioned that I have a child and not my previous wife is dead . that's the problem . I think the USCIS will demand for the death certificate now. Thank you very much .

So a child was mentioned but no mention you were previously married?

 

You ask what is next. Your application is being sent back with Notice to deny or notice to revoke (NOIR/NOID). USCIS will either agree and revoke or deny your petition. Or you will get a NOIR letter where all the reasons for denial are listed and you will have to address each denial point with evidence.

 

Right now all you can do is wait. and its a 15 months to 2 year wait. Not 6 months at all. Are you in Nigeria or Ghana?