NVC sent case back to USCIS

[ammysild 5]

Application date: April 1, 2021
Our case was approved on September 22, 2022. NOA2.

On November 3, 2022, USCIS updated my account, (after I had approved our k1) with the following text:
 

Department Of State Sent Case To USCIS For Review
On November 3, 2022, the Department of State sent us your case, Receipt Number _________________, for review. We are reviewing it and will notify you by mail when we are done.

 

On October 23, 2022, Amanda sent an inquiry to the National Visa Center and it was never responded to. We never received our RDJ (Rio de Janeiro Embassy) and now the USCIS says so, in response to an inquiry sent to them on November 8, 2022

The petition with receipt number WAC______________ was approved and was forwarded abroad to the United States Embassy/Consulate for K-1 visa processing. Subsequently, the K-1 visa was not issued and the I-129F petition has been returned to the USCIS. Since the I-129F petition has been returned to the USCIS, all action on this petition is concluded and the petition will not be revalidated.

 

It's been ONLY a month since we've been approved and we've never received anything for the next step, any welcome letter or anything like that. It has not even been more than 40 days since we were approved. NVC simply sent the case back without notifying us and I believe this is a massive mistake on their part. Do we need a lawyer?
 

Our heart is broken. We waited over 17 months for NOA2 and when NOA2 arrives, after a month, USCIS says they have our case again, that they are reviewing the case, and now they are saying that the case is not going to be revalidated and that we missed the chance to complete K1. This is impossible. We've been tracking the case all along, and we're still not past the expiration date on our noa2. Our noa2 will expire in January 2023! Please, someone, give us a light on how to act on this case! Do we need a lawyer?

 

USCIS is making a mistake!

PLEASE HELP ME! WE ARE TOGETHER FOR OVER 5 YEARS! :(((

[IoptimisticOne 6]

To begin with. I am so sorry you are going through this pain and disappointment.

 

I noticed it took 17months for your petition to be approved, that’s very unusual, did you get an RFE while the case was with USCIS? If you did, what was the RFE about?

 

Also, for NVC to return your petition, I think there was an error on the part of USCIS in approving the petition and NVC had to return it. If you guys never had an interview at the u.s consulate then I can only imagine your confusion as to why it was sent back.

 

You can contact nvc through their portal since calls are no longer allowed; but you won’t get a response for months.  I’d also recommend the USCIS partner to contact his/her senator for help ASAP because you need to know what went wrong before filing another k1 or cr1 petition - so that you don’t repeat the same mistake.

 

 

Edited November 8, 2022 by IoptimisticOne

[Jordanian Bride 268]

Does the petitioner or beneficiary have any criminal history?

[Crazy Cat 39,312]

 

1 hour ago, ammysild said:

Subsequently, the K-1 visa was not issued and the I-129F petition has been returned to the USCIS. Since the I-129F petition has been returned to the USCIS, all action on this petition is concluded and the petition will not be revalidated.

If the petition was returned, it will expire.  I would email the consulate and ask why the petition was returned to USCIS.  Give them all the identifying information you can.

Edited November 8, 2022 by Crazy Cat

[ammysild 5]

33 minutes ago, IoptimisticOne said:

To begin with. I am so sorry you are going through this pain and disappointment.

 

I noticed it took 17months for your petition to be approved, that’s very unusual, did you get an RFE while the case was with USCIS? If you did, what was the RFE about?

 

Also, for NVC to return your petition, I think there was an error on the part of USCIS in approving the petition and NVC had to return it. If you guys never had an interview at the u.s consulate then I can only imagine your confusion as to why it was sent back.

 

You can contact nvc through their portal since calls are no longer allowed; but you won’t get a response for months.  I’d also recommend the USCIS partner to contact his/her senator for help ASAP because you need to know what went wrong before filing another k1 or cr1 petition - so that you don’t repeat the same mistake.

 

 

Fist off all, thank you for your answer. I'm writing you with my soul, because my body died this afternoon after i received this e-mail.
And... No! We had never been received any RFE, we sent over 5 inquiries asking USCIS why our case was so hard to get it approved. They always said that was because background checking was pending... When finally approved, this nightmare happened. I'm totally destroyed.

ME (beneficiary) i never did any interview as I never received anything from the NVC, no number so I could schedule the interview. The interview can only be scheduled when we receive the case number, and we never did. In our letter (NOA2) they say that we have to wait at least 30 days before emailing the NVC requesting our number. We did so, but USCIS took the case back, and the NVC never responded to us until today.

[Crazy Cat 39,312]

7 minutes ago, ammysild said:

We did so, but USCIS took the case back, and the NVC never responded to us until today.

The email said that the Consulate returned the petition to USCIS.  The USC should contact the Consulate and attempt to find out if this is true. 

Edited November 8, 2022 by Crazy Cat

[ammysild 5]

31 minutes ago, Jordanian Bride said:

Does the petitioner or beneficiary have any criminal history?

My fiancé (an American male) had a misdemeanor over 10 years ago. We bought a TV with a stranger's credit card. He was a teenager... Already resolved in court, we send all the documents properly, he has a great job in walmart and he is financially capable to support 4 people. We are only two. And me, i never had any problem with the law and i don't even have an drives license. I'm 28 years old. Zero problems with the law.

[Jordanian Bride 268]

7 minutes ago, ammysild said:

My fiancé (an American male) had a misdemeanor over 10 years ago. We bought a TV with a stranger's credit card. He was a teenager... Already resolved in court, we send all the documents properly, he has a great job in walmart and he is financially capable to support 4 people. We are only two. And me, i never had any problem with the law and i don't even have an drives license. I'm 28 years old. Zero problems with the law.

It's really messed up that this is happening to you. Usually it happens because of a petitioner's criminal past (sex offenders; Adam Walsh Act), but I've never heard of it happening because of a misdemeanor. User "IOptimisticOne" gave you solid advice.

Edited November 8, 2022 by Jordanian Bride

[ammysild 5]

7 minutes ago, Crazy Cat said:

The email said that the Consulate returned the petition to USCIS.  The USC should contact the Consulate and attempt to find out if this is true. 

Thank you for your answer. I appreciate it truly.
I'm actually in Rio right now and tomorrow I'm going to the embassy and see if this is true. Because it is impossible that they approved our case, did not notify any of us of the RDJ number for the scheduled interview. I checked my email several times in a crazy frenesi. I'm about to lose my mind and healthy over this process. 
It is impossible that in 30 days period they sent the k1 to the embassy already. I sent an email to the embassy, but as with everything in this process, they gonna take probably a sweet ### time to answer me. But tomorrow I'll go over there in person and gather any information.
We are considering hiring a lawyer to help us... 

[Crazy Cat 39,312]

1 minute ago, ammysild said:

It is impossible that in 30 days period they sent the k1 to the embassy already.

It is possible, but uncommon.  Good luck.  Please update s if you get any info.

[ammysild 5]

1 minute ago, Crazy Cat said:

It is possible, but uncommon.  Good luck.  Please update s if you get any info.

I'll do. Thank you very much.

[JeanneAdil 6,203]

Your USC partner needs to explain to u what happened in the background check

only the USC actually knows and has the info to disclose to u 

several things could have been disclosed  such as

USC is not free to marry

USC has a criminal background beyond what he told u 

u need to know the real truth before going any further/ get to the truth from your USC

USCIS and NVC take petitions and all that is disclosed on them very serious

 

and no,  a lawyer can't help if the USC misrpresented the info on petition

and no,  the petition was not sent to embassy/ they have no info on it 

 

[JeanneAdil 6,203]

21 minutes ago, JeanneAdil said:

Your USC partner needs to explain to u what happened in the background check

only the USC actually knows and has the info to disclose to u 

several things could have been disclosed  such as

USC is not free to marry

USC has a criminal background beyond what he told u 

u need to know the real truth before going any further/ get to the truth from your USC

USCIS and NVC take petitions and all that is disclosed on them very serious

 

and no,  a lawyer can't help if the USC misrpresented the info on petition

and no,  the petition was not sent to embassy/ they have no info on it 

 

how do we know that NVC did not send petition to the embassy because the WAC xxxxxx number is for the USCIS office here and there is no embassy # listed on any of these inquiries RDJ2022xxxxxxx  would be your case # as assigned by NVC to transfer to Rio

[ammysild 5]

17 minutes ago, JeanneAdil said:

how do we know that NVC did not send petition to the embassy because the WAC xxxxxx number is for the USCIS office here and there is no embassy # listed on any of these inquiries RDJ2022xxxxxxx  would be your case # as assigned by NVC to transfer to Rio

YOU HAD A REALLY GOOD VIEW!

THANK YOU SO MUCH!

[IoptimisticOne 6]

When you filled out the I-129f, did you choose a country embassy/consulate in the petition where you want your petition to be processed? Since your petition number starts with a WAC……., nvc cannot process it. If that’s the case, I think their might be hope to salvage your petition. Get on it with the help of the U.S citizen’s senator and a lawyer. There might be hope!