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Bill Knol

is my case send back to nvc?

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Filed: K-1 Visa Country: Netherlands
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I'm worried sick, about a month ago I had my interview and everything went fine, I had all the papers only not my criminal records, but I had a conduct of good behaviour and I thought that would be enough.

The interview went fine, our relationship is bonafide and we love each other very much, but at the end of the interview the OP  gave me back my passport and a green 221g form and she asked for my court records.

 

I send them to the consulate, but the consulate mailed me back that they received the wrong document, so I requested a different document and I send it back to the consulate last week.

 

what will happen now, I think that the OP told me that she was going to send the whole case back to the NVC, that is devastating,  we so close of being together and now this,

 

Is there any hope for us? 

 

What can I do?

 

I hope that someone can help me, I'm the beneficiary

 

Best regards 

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Filed: AOS (apr) Country: Philippines
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1 minute ago, Bill Knol said:

I'm worried sick, about a month ago I had my interview and everything went fine, I had all the papers only not my criminal records, but I had a conduct of good behaviour and I thought that would be enough.

The interview went fine, our relationship is bonafide and we love each other very much, but at the end of the interview the OP  gave me back my passport and a green 221g form and she asked for my court records.

 

I send them to the consulate, but the consulate mailed me back that they received the wrong document, so I requested a different document and I send it back to the consulate last week.

 

what will happen now, I think that the OP told me that she was going to send the whole case back to the NVC, that is devastating,  we so close of being together and now this,

 

Is there any hope for us? 

 

What can I do?

 

I hope that someone can help me, I'm the beneficiary

 

Best regards 

In some situations, particularly on the review of criminal records, I have heard they send back to the USCIS because they are more qualified to review

YMMV

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Filed: AOS (apr) Country: Netherlands
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I think in an earlier post you mentioned you had several DUI’s and speeding tickets? In that case USCIS has to reconsider your case approval. Here are 2 links with some useful info:

 

https://www.***removed***/forum/showthread.php/118644-221-(g)-and-returned-to-NVC

 

https://www.uscis.gov/unassigned/immigrant-visa-petitions-returned-state-department-consular-offices (is about IV, but it also applies on NIV)

 

Usually you’re supposed to tell this kind of stuff when you file your K1 petition. Since they didn’t know until your interview, USCIS has to determine if you can get approved with the criminal record. It can go both ways, no way to say if you’re getting approved or denied.

 

Good luck with everything! Hopefully you’ll hear something soon.

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The Consulate specifically mentions to bring any court documents if you were ever convicted of a crime; "Persons who have been convicted of a crime must submit each court record and any prison record, regardless of the fact they may have been benefited subsequently from an amnesty, pardon, or any other act of clemency. It is a mandatory requirement to provide English translations of all court documents." The fact you thought a VOG was enough while you had so many DUI's and reckless driving behavior, is why you are in this position right now. 

Did you fill out I-129F, page 8, question 22a? I'm surprised the USCIS looked past that question. And especially the panel physician. 

Anyway, there's not much you can do. It is up to the Interview Officer to determine if you are eligible for a visa and that might take some time. USCIS has a zero tolerance policy on certain misdemeanors and crimes and they might be able to look past one DUI, but this is a tricky one, I think. No one can you give the right answer here. We can all guess and some will hope for you. 

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

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