Additional administrative process

[htsf 7]

9 hours ago, JeanneAdil said:

When a spouse visa is returned to the us ,   it takes 6 months (maybe more now with covid delays) to get the NOIR or NOID which comes to the USC petitioner

It will be up to the USC to respond to the letter with actual proofs (not statements but evidence to show why each and every issue the embassy has is wrong)

I have a question for the procedure:  what kind of case would be returned to the USCIS and then issue a letter of NOID to the I 130 petitioner, and what kind of case would be directly rejected by the consular office? What are the differences to the case if it was returned to USCIS compared with a direct rejection from the consulate office? A consulate office has the authority to direct reject a case, why it need to be sent to the USCIS and then spent extra long time to send the NOID letter to the applicant?  I saw people are saying that the ONLY reason for a case be returned to the USCIS is the bonafide issue.

 

I am trying to figure out the questions, thank you so much for answering me!

[SalishSea 16,774]

3 minutes ago, htsf said:

I have a question for the procedure:  what kind of case would be returned to the USCIS and then issue a letter of NOID to the I 130 petitioner, and what kind of case would be directly rejected by the consular office? What are the differences to the case if it was returned to USCIS compared with a direct rejection from the consulate office? A consulate office has the authority to direct reject a case, why it need to be sent to the USCIS and then spent extra long time to send the NOID letter to the applicant?  I saw people are saying that the ONLY reason for a case be returned to the USCIS is the bonafide issue.

 

I am trying to figure out the questions, thank you so much for answering me!

Usually, it is because the CO suspects that the petition was wrongly approved to begin with.

[htsf 7]

5 minutes ago, Jorgedig said:

Usually, it is because the CO suspects that the petition was wrongly approved to begin with.

I understand. What kind of petition can be examples of wrongly approved? Bonafide issue?  Or what kind of petitions should not be approved by the USCIS?

[SalishSea 16,774]

Just now, htsf said:

I understand. What kind of petition can be examples of wrongly approved? Bonafide issue?  Or what kind of petitions should not be approved by the USCIS?

Any petition that does not meet the specific eligibility criteria for filing.

[htsf 7]

2 minutes ago, Jorgedig said:

Any petition that does not meet the specific eligibility criteria for filing.

Thank you so much for explanation! 

[John22 0]

Sorry about the whole thing. Maybe if you only waited for the 5 years to complete fully before you even file in your petition... Could have been better. Please don't get me wrong sir, was just saying. However, by HIS grace Notting is impossible, the Immigration Lawyers might know few things to do to resolve the whole thing. Keep well, something positive will happen soon.

[JeanneAdil 6,202]

11 hours ago, htsf said:

I have a question for the procedure:  what kind of case would be returned to the USCIS and then issue a letter of NOID to the I 130 petitioner, and what kind of case would be directly rejected by the consular office? What are the differences to the case if it was returned to USCIS compared with a direct rejection from the consulate office? A consulate office has the authority to direct reject a case, why it need to be sent to the USCIS and then spent extra long time to send the NOID letter to the applicant?  I saw people are saying that the ONLY reason for a case be returned to the USCIS is the bonafide issue.

 

I am trying to figure out the questions, thank you so much for answering me!

Often a case is returned to the US office when the USC women is much older than the man , the immigrant /  if CR1 it is given a NOIR OR NOID and the USC has time to proof the marriage is bona fida by sending evidence showing the issues are wrong 

if it is a K1 the CO would deny on the spot for same reason (large age difference)

 

the above is just one example

[balogunadeniyi200 1]

22 hours ago, JeanneAdil said:

Often a case is returned to the US office when the USC women is much older than the man , the immigrant /  if CR1 it is given a NOIR OR NOID and the USC has time to proof the marriage is bona fida by sending evidence showing the issues are wrong 

if it is a K1 the CO would deny on the spot for same reason (large age difference)

 

the above is just one example

In my case my wife is 3 years older than me.....may it be the cause of the returning the petition?

[JeanneAdil 6,202]

2 minutes ago, balogunadeniyi200 said:

In my case my wife is 3 years older than me.....may it be the cause of the returning the petition?

3 years is not that big an issue

i would say they found another issue '

but i am not experienced with bars and timeframes so this was best answered by the above VJ members who say your case was applied for too soon 

[Crazy Cat 39,261]

14 minutes ago, balogunadeniyi200 said:

In my case my wife is 3 years older than me.....may it be the cause of the returning the petition?

No.  You and your wife will just have to wait....then, you will have to rebut every item they list.

[Crazy Cat 39,261]

If I remember correctly, an I-130 can be filed and approved during a 5 year ban. However, a resulting visa would not be approved until either the ban was finished or an available waiver was approved.  I think there is/are some issue(s) other than the 5 year ban triggering the return of the case.  

[Crazy Cat 39,261]

On 4/19/2021 at 5:14 AM, John22 said:

Maybe if you only waited for the 5 years to complete fully before you even file in your petition..

I don't think so.  A ban prohibits entry into the US during the duration of the ban.  The I-130 only establishes the relationship between the petitioner and beneficiary.  

[balogunadeniyi200 1]

35 minutes ago, Lucky Cat said:

No.  You and your wife will just have to wait....then, you will have to rebut every item they list.

Thank you sir

[balogunadeniyi200 1]

6 hours ago, Lucky Cat said:

I don't think so.  A ban prohibits entry into the US during the duration of the ban.  The I-130 only establishes the relationship between the petitioner and beneficiary.  

Am still expecting a correct answer to my question....after have completed my ban do i still need to file i-212 waiver for my admissibility?

[Crazy Cat 39,261]

8 minutes ago, balogunadeniyi200 said:

Am still expecting a correct answer to my question....after have completed my ban do i still need to file i-212 waiver for my admissibility?

A waiver is not required after a ban has expired.