Fiancee Visa Packet returned to USCIS by Consulate (HELP!!!)

[J & N 0]

Our fiancee package got approved by USCIS on March 12, 2008. She had her consular visit on June 3rd (2 weeks ago). After asking for my (petitioner) birth certificate, the visa was denied due to my birth certificate not having the hospital and delivering doctor on it (I was adopted by my stepfather at age 13 and the new certificate ommitted this info). The consular officer was very understanding, and was even about to give us a next day appt slip to bring in the additional/corrected birth certificate. Unfortunately it was going to take longer to get it, since I had to request it from the state capital's vital statistics dept. I now have the needed info on my birth certificate, but when I called to make an appt at the consulate, the person on the phone informed me that the consular officer marked down our case as returned to USCIS and to not allow an appt for at least 6 mos!!!! I called USCIS and they have no record (yet) of the case being returned. Nobody seems to be able to clarify the situation for me, and USCIS cannot tell me anything until they recieve the file. After being extremely happy at having the needed document, I am now very frustrated at not being able to have my fiancee return to the consulate to present this document. The consular officer never mentioned that this was going to happen. Can anyone help or offer advice?

[J & N 0]

Our fiancee package got approved by USCIS on March 12, 2008. She had her consular visit on June 3rd (2 weeks ago). After asking for my (petitioner) birth certificate, the visa was denied due to my birth certificate not having the hospital and delivering doctor on it (I was adopted by my stepfather at age 13 and the new certificate ommitted this info). The consular officer was very understanding, and was even about to give us a next day appt slip to bring in the additional/corrected birth certificate. Unfortunately it was going to take longer to get it, since I had to request it from the state capital's vital statistics dept. I now have the needed info on my birth certificate, but when I called to make an appt at the consulate, the person on the phone informed me that the consular officer marked down our case as returned to USCIS and to not allow an appt for at least 6 mos!!!! I called USCIS and they have no record (yet) of the case being returned. Nobody seems to be able to clarify the situation for me, and USCIS cannot tell me anything until they recieve the file. After being extremely happy at having the needed document, I am now very frustrated at not being able to have my fiancee return to the consulate to present this document. The consular officer never mentioned that this was going to happen. Can anyone help or offer advice?

[Zee Bee 61]

You need to find out if they told your fiancee anything about the return. Was she given a piece of paper? What was written on it?

Call the embassy and talk to someone to find out what is going on. Get your senator/congressperson involved ASAP. Try to get this decision overturned while the petition is still at the consulate.

[pushbrk 12,158]

You need to find out if they told your fiancee anything about the return. Was she given a piece of paper? What was written on it?

Call the embassy and talk to someone to find out what is going on. Get your senator/congressperson involved ASAP. Try to get this decision overturned while the petition is still at the consulate.

Without knowing what was written on the paper she received, we are speculating but I think there's a good chance one of the following is true.

1. She misunderstood the reason for the denial.

2. The representative with whom you most recently spoke, is mistaken.

You see, if your case was returned with the intention to deny, she would have a notice in hand to that effect. It's called a "Notice of Intent to Deny" or in our terms here a NOID. Absent that, the case is still at the Consulate.

[J & N 0]

I was actually present at our last attempt to get my birth certificate accepted. On Monday she had her physical exam, Tuesday was her interview on her own, Wednesday I accompanied her at the consular officer's request with a copy of my birth certificate, driver's license, passport and military ID. The officer asked for the original birth certificate which I had fedex'd overnight. Thursday we go in with the original and this is when he lets me know that I need the hospital and doctor info on it. He specifically said this is all that was needed, and that my presence was no longer required. He actually said "we are almost sure that you are a US citizen."!!! The only paper we got was one to call and make an appt and it noted "incomplete application" as the reason for being ineligible for the visa. Like I stated though, he was ready to see us back the next day with the required document, and now this!!!!! ARRRGGHHH!

[KimandRuss 0]

I would call Juarez again and see if you can't talk to someone else. Perhaps the officer who interviewed your fiance(?). Then contact your representative and request assistance.

good luck. sorry you're having to deal with this.

[payxibka 10,044]

Our fiancee package got approved by USCIS on March 12, 2008. She had her consular visit on June 3rd (2 weeks ago). After asking for my (petitioner) birth certificate, the visa was denied due to my birth certificate not having the hospital and delivering doctor on it (I was adopted by my stepfather at age 13 and the new certificate ommitted this info). The consular officer was very understanding, and was even about to give us a next day appt slip to bring in the additional/corrected birth certificate. Unfortunately it was going to take longer to get it, since I had to request it from the state capital's vital statistics dept. I now have the needed info on my birth certificate, but when I called to make an appt at the consulate, the person on the phone informed me that the consular officer marked down our case as returned to USCIS and to not allow an appt for at least 6 mos!!!! I called USCIS and they have no record (yet) of the case being returned. Nobody seems to be able to clarify the situation for me, and USCIS cannot tell me anything until they recieve the file. After being extremely happy at having the needed document, I am now very frustrated at not being able to have my fiancee return to the consulate to present this document. The consular officer never mentioned that this was going to happen. Can anyone help or offer advice?

Why was you BC requested as it is not the CO's job to re-adjudicate the petition. Was the CO attempting to determine your eligibility as a USC? I would be all over my state Senator on this one.....

Edited June 18, 2008 by fwaguy

[payxibka 10,044]

I was actually present at our last attempt to get my birth certificate accepted. On Monday she had her physical exam, Tuesday was her interview on her own, Wednesday I accompanied her at the consular officer's request with a copy of my birth certificate, driver's license, passport and military ID. The officer asked for the original birth certificate which I had fedex'd overnight. Thursday we go in with the original and this is when he lets me know that I need the hospital and doctor info on it. He specifically said this is all that was needed, and that my presence was no longer required. He actually said "we are almost sure that you are a US citizen."!!! The only paper we got was one to call and make an appt and it noted "incomplete application" as the reason for being ineligible for the visa. Like I stated though, he was ready to see us back the next day with the required document, and now this!!!!! ARRRGGHHH!

Your citizenship was determined by the USCIS or the I-129F could never have been approved... The CO's are NOT suppose to readjudicate the petition. If there was a question about your citizenship then how do you have a US passport?

You need to find out if they told your fiancee anything about the return. Was she given a piece of paper? What was written on it?

Call the embassy and talk to someone to find out what is going on. Get your senator/congressperson involved ASAP. Try to get this decision overturned while the petition is still at the consulate.

Without knowing what was written on the paper she received, we are speculating but I think there's a good chance one of the following is true.

1. She misunderstood the reason for the denial.

2. The representative with whom you most recently spoke, is mistaken.

You see, if your case was returned with the intention to deny, she would have a notice in hand to that effect. It's called a "Notice of Intent to Deny" or in our terms here a NOID. Absent that, the case is still at the Consulate.

The NOID letter comes from the USCIS not the consulate... The consulate refuses to issue a visa... the actual denial comes fronm the USCIS.

[pushbrk 12,158]

I was actually present at our last attempt to get my birth certificate accepted. On Monday she had her physical exam, Tuesday was her interview on her own, Wednesday I accompanied her at the consular officer's request with a copy of my birth certificate, driver's license, passport and military ID. The officer asked for the original birth certificate which I had fedex'd overnight. Thursday we go in with the original and this is when he lets me know that I need the hospital and doctor info on it. He specifically said this is all that was needed, and that my presence was no longer required. He actually said "we are almost sure that you are a US citizen."!!! The only paper we got was one to call and make an appt and it noted "incomplete application" as the reason for being ineligible for the visa. Like I stated though, he was ready to see us back the next day with the required document, and now this!!!!! ARRRGGHHH!

Your citizenship was determined by the USCIS or the I-129F could never have been approved... The CO's are NOT suppose to readjudicate the petition. If there was a question about your citizenship then how do you have a US passport?

You need to find out if they told your fiancee anything about the return. Was she given a piece of paper? What was written on it?

Call the embassy and talk to someone to find out what is going on. Get your senator/congressperson involved ASAP. Try to get this decision overturned while the petition is still at the consulate.

Without knowing what was written on the paper she received, we are speculating but I think there's a good chance one of the following is true.

1. She misunderstood the reason for the denial.

2. The representative with whom you most recently spoke, is mistaken.

You see, if your case was returned with the intention to deny, she would have a notice in hand to that effect. It's called a "Notice of Intent to Deny" or in our terms here a NOID. Absent that, the case is still at the Consulate.

The NOID letter comes from the USCIS not the consulate... The consulate refuses to issue a visa... the actual denial comes fronm the USCIS.

If the Consulate is going to send the case back to USCIS with a recomendation to deny, they give the applicant a notice to that effect. I think they need to ignore the phone call and submit the birth certificate as requested.

Something is fishy though, since US Citizenship is determined by USCIS, not the Consulate.

[payxibka 10,044]

If the Consulate is going to send the case back to USCIS with a recomendation to deny, they give the applicant a notice to that effect. I think they need to ignore the phone call and submit the birth certificate as requested.

Something is fishy though, since US Citizenship is determined by USCIS, not the Consulate.

I couldn't agree more....

[pushbrk 12,158]

If the Consulate is going to send the case back to USCIS with a recomendation to deny, they give the applicant a notice to that effect. I think they need to ignore the phone call and submit the birth certificate as requested.

Something is fishy though, since US Citizenship is determined by USCIS, not the Consulate.

I couldn't agree more....

It's always possible the something fishy was uncovered by the Consulate but it's just as possible somebody's getting too big for their britches.

[J & N 0]

Thank you all for letting me vent. I contacted my district's US congressman yesterday but I don't know how long it takes for them to respond/address the issue. I'm pretty sure his office is swamped by immigration issues since his district is South Texas. All I can do now is wait...... I can't even turn in the birth certificate requested since I can't get an appt at the consulate. Should I mail a copy to USCIS?

[DanielParul 50]

Call DOS and tell them what happened at the Consulate...They were able to help us.. If there is anything wrong in the way the Consulate dealt with you. It is good to let the DOS know about it

[J & N 0]

Call DOS and tell them what happened at the Consulate...They were able to help us.. If there is anything wrong in the way the Consulate dealt with you. It is good to let the DOS know about it

Thanks for the advice. I called and the consular officer at the DOS visa information line looked up my application. He informed me that the call center was mistaken and that I should have no problem making the appt to turn in the form needed. I called the consulate again getting ready to unleash my wrath if needed, but this time I had no problem making the appt. I'm pretty sure the DOS officer fixed something on our application record...hmmmm. Bad news is that the appt isn't until August 6th. Well, that's way better than what I had this morning. Thanks all.

[eric_and_teresa 10]

Thanks for the advice. I called and the consular officer at the DOS visa information line looked up my application. He informed me that the call center was mistaken and that I should have no problem making the appt to turn in the form needed. I called the consulate again getting ready to unleash my wrath if needed, but this time I had no problem making the appt. I'm pretty sure the DOS officer fixed something on our application record...hmmmm. Bad news is that the appt isn't until August 6th. Well, that's way better than what I had this morning. Thanks all.

That's good news! Hopefully, time will go by fast and once you submit the BC your fiance will get her visa.

I agree with pushbrk and fwaguy though, the citizenship of the petitioner has already been proved at the USCIS stage.

Keep us posted and good luck!