Look at the notice you quoted in your original post. I mean look at the physical piece of paper. Who is it from? Consulates do not write the type of notice you received. They don't have the authority to tell you that "all USCIS action on this petition is concluded as of the date of this notice". What's more, the notice is virtually identical to notices others have posted that came from the California Service Center.
The person you talked to on the phone is probably misinformed.
If the notice you received previously was from USCIS (I'm betting it was) then this advice is based on bad information. You can file another petition, presuming you meet the two year meeting requirement. You can also marry your fiance and file a spousal visa petition anytime, even if USCIS were readjudicating your returned fiancee petition, which I honestly believe they are not based on the notice you previously received.
Again, advice based on bad information. Further, a USCIS agent (more likely a customer service rep) would have no clue about how to handle a denial at a consulate. There are over 100 US consulates in foreign countries, and each of them have their own policies and procedures. You can't "intercept the notice". You'd have to convince the consulate to hold on to the petition, rather than sending it back, while you try to convince the CO or the visa section chief to reverse their decision. This usually has to be done within days or weeks of the decision. Your fiancee's interview was back in June. I am absolutely certain your petition was sent back to USCIS a long time ago. The notice you received is pretty much proof of that.
Even if you sue the attorney, you're not likely to recover much more than the fees you paid. The cost of the lawsuit will probably exceed that by a fairly wide margin. You've given enough money to attorneys. I don't know what you paid, but I'd guess it would have gone a long way toward paying for another trip to the Philippines.
I assume from this that you haven't made another trip to see your fiancee, so you can't currently meet the 2 year meeting requirement. There is no way, at this point, you can move forward without meeting her again.
My fiance is a lot younger than me, better educated than me...she has a 4 year degree, vs 2 for me, and she is exploring med school when she arrives here. She is also a RN, very beautiful and is not desperate for me or any man. She and I have many common interests and both enjoy life to the fullest, our age diff is just numerical.
That said, I take offense to Enigma's post and find it insulting....I will say that I have found, in most instances, people with such a narrow minded opinion are usually older women, or old guys who can't get a younger woman, or are with an older woman and are a bit jealous...but thats my 2cents.
IMO, live and let live, everyone else can bite me.
Kinda of curious about the question, since it seems you have no personal information listed in you profile. Are you filing for K-1, are you asking for your own personal case or for another? These types of question usually have a reason behind them.
Kevin
You must be very very luck!!. I think CSC is very much on time and they have no backlog like TSC. I submitted my I-129F in Oct 16th and received my NOA1 hard copy on the Oct 20th but haven't seen my NOA2 yet. There's no need to be concerned, you submitted your package somebody went through it and approved it ...enjoy what you got and run with it now!
T.john got a reaction from YouAndMeForever in K1 VISA IN HAND!! :) I'm so happy and excited!
T.john got a reaction from aquadude2 in Very fast NOA-1 to Noa-2, K-1 visa