Summerleaf

On 4/10/2019 at 8:39 AM, geowrian said:

Previously, USCIS issued a NOID or outright denial only if there was a "no chance" standard of being eligible for the benefit being sought. This policy was revised to no longer issue RFEs for what are deemed "placeholder" applications.

 

RFEs are still being issued all the time. But they are less likely to occur when basic required documentation is missing.

 

Note: USCIS handled petitions, not visas. There are no K-1 applicants at USCIS. The K-1 comes into play later.

Thank you for the answer. I posted because I failed to include the intent to marry letter as a beneficiary, only my fiancé was able to create his intent to marry. I was worried. 

On 4/11/2019 at 6:57 AM, RT&MB said:

We had a RFE in January - our attorney missed a check box.  So they where still sending them out then.  

Thank you for the answear dearly, i feel relieved now.. Good luck and best wishes. 🙏🙏🙏

26 minutes ago, payxibka said:

Look at the notice received in this post.  You can expect something like this. 

 

 

Thanks for the idea... 🙏🙏🙏

3 minutes ago, aaron2020 said:

Petition will expire.

 

Get marry and file for the CR-1 spousal visa.  You will still need to address whatever issue caused the K-1 to be denied.

 

Why was the K-1 denied?

 The cause has been traced and addressed already. I had an open case at USEM 3 years ago left open. It was from an ex petition. But after the determination of the cause which was disclosed by the USEM, i talked to my ex and he wilfully helped and write to terminate his application and he already received a TERMINATION NOTICE from USCIS about it. My concern now is the packet of my fiancé, I hope we receive a notice that it expired already. I dont know what notice we shall be expecting.

Our returned packet was returned to USCIS in Dec. 20, 2018 and received by USCIS on April 8, 2019. The letter that I received after my interview was "YOUR PETITION IS BEING RETURNED TO USCIS FOR ADDITIONAL PROCESSING". Do you have any idea if we will receive a notice from USCIS? What notice do you think we will receive? Reaffirm or petition is expired. @Greenbaum

Is is true that USCIS removed the RFE for K1 applicants? and will cause automatic denial of application if found lack of requirements? @Greenbaum

I was refused to get a visa / denied for the reason that I had 2 petitions from 2 different petitioners. Year 2015 and my recent was 2017. My ex already wrote to USCIS / US EMBASSY to withdraw or terminate his petition to close the case. While my recent petition is being returned to the USCIS for additional review according to the letter of denial I received and they also sent me an e-mail about the reason of denial which is I had 2 petitions from different petitioners. The status of my recent petition is TRANSFER IN PROGRESS. The lawyer we consulted advised us that we cab file again any time we want. My question now, does anyone has the same situation that file again as k1,  or did you wait something like letter from the USCIS or agencies before you file again or you just file with the same requirements and didn't wait for any letter after the denial. Please help me what to do. Can we proceed to file now? @Hank @Greenbaum please help me to enlighten my mind...

My exfiancé and I agreed to withdraw his petition filed and approved 3 years ago. He wrote a letter by mail to USCIS with all the details USCIS required for the cancellation.

The letter was sent 2 days ago in Hawaii to California Service Center. How long it will take to get notified that petition has been cancelled? How long is the process to cancel a k1 petition?

Is it required to withdraw the expired  k1 petition when the beneficiary just ignore it?

1 minute ago, geowrian said:

Why is the petition being returned? Did the embassy say anything?

 

A returned I-129F will sit to expire. If they've already sent it back to NVC, it's effectively dead.

 

What's the background of your case?

• How long have you known each other? How many visits have you had and for how long? What relationship evidence was sent with the petition (if any)?
• Any red flags?
• Were either of you ever married in the past?
• Any criminal history by the petitioner (including anything expunged, sealed, etc.)? Was it disclosed on the I-129F?
• Did you have any sort of engagement ceremony?

I'm shooting blind here, but the answers above may point at some common causes of the petition being returned.

2 petitions from 2 different petitioner with more than 2 years gap of filing. (2015 and end 2017).

19 minutes ago, Unshakable Faith said:

Have you followed up with the embassy via email or phone?

 

I-129F petitions are only sent back to USCIS when the visa is refused and the petition goes back to USCIS to expire. 

 

Follow up and get your senator involved!

We contacted the Congressman and Senatore but there is no news from them

1 minute ago, Unshakable Faith said:

Have you followed up with the embassy via email or phone?

 

I-129F petitions are only sent back to USCIS when the visa is refused and the petition goes back to USCIS to expire. 

 

Follow up and get your senator involved!

Yes we called the USCIS and email the embassy the embassy said to call the USCIS NSCS, however the USCIS NSCS confirmed that there is no petition forwarded to them so they are not aware what appropriate action to execute. They are vert accommodating and gave us a returned call to make sure they feedback the accurate answer.

After waiting for almost 60 days. I got a letter from the embassy that my petition is being returned to USCIS through NVC for additional processing. 

I was approved in the interview and passport was surrendered and not given a 221g form.

Do you have any idea if we can apply a new application now? Or there is something we have to wait?  Time, notice?etc. @Greenbaum @Hank

Only rational comments are invited and participants with the same experience.

Thank you.

Just now, John & Rose said:

I think some of the negative advice came from people who thought you were already issued the 221(g). It was an honest mistake. Everybody here wants to help you. Sometimes the bad is correct. I truly don’t know what the delay is for you but I sincerely doubt it has anything to do with your honest answer to the CO. 

 

Please come back back to let us know when you get your visa!

Rest assured I will share my journey. When it comes my answers I only qualify if participant has the same case or experienced according to my question or an immigration lawyer. Either bad or good I will take it from these two. But some members they are just make comments based on their instinct or no basis, so I ignore coz it won't help me. It just a wise I think like me who is already frustrated to choose whom to listen...

My fiancé already asked help from Senator and I hope to hear from them soonest and I also initiate to write to the consulate about my case through courier. I am praying and hoping this will go through...🙏

19 hours ago, John & Rose said:

I don't completely agree.  He asked if she will work.  He didn't ask if she will work as soon as she gets there.  Many beneficiaries never plan on getting a job.  I would hope that Rose would answer yes because she does plan on working here but of course, not until she can legally.  I think there was a vagueness in the question and an honest answer.  

 

Also, the OP has not received a 221(g).  She is just trying to do some research because she is concerned about that answer.  She has given her passport to the Embassy and simply has not heard anything back yet.  No 221(g) was issued.  

 

I think she is OK.  She answered the question honestly.

Thank you John... I was soliciting advises and I only count the positive one. 🙏 

6 minutes ago, Diane and Chris said:

So, you ask about 212(a)(5)(a). Did you in some way receive information with these numbers attached?  If not, why did you specifically mention this?  

I was just worried , coz during the interview I was asked if I have an to work. i said MAYBE HELP MY FIANCÉS BUSINESS. Then one of the benificiary I met received that and research and in my understanding that something certification to work but someone clarify to me i'm fine and nothing to worry about. I thought that 212a5a has something to do with my answer.

Just now, Ben&Zian said:

 

Even two weeks is a long time. Usually is only in AP for 3-4 days. Haven't seen this myself before and doesn't sound like Greenbaum has either or not recently anyways. I would keep doing what you're doing and calling the embassy.

 

Other than that perhaps can try a congress person, but they can't really make the embassy do anything, they can just nudge them maybe to make a decision one way or another.

There are benificiaries that I met in this application. We have the same consulate and the process is really so slow. I am not even under 221g compare to these 2 ladies. One just got ISSUED after 5 weeks of waiting. Her and fiancé contacted a congressman but the response of the embassy to the congressman is the same reply she got. But I think the good thing there is, they review after the email of this officer. I wonder if the file got stuck up. And after this she got issued in a week or less.  We sent a message to one senator last night U.S time. I hope to hear from them soon...

1 minute ago, Ben&Zian said:

 

No one has asked but what does your CEAC status say? Issued or is it in AP?

 

As Greenbaum said, it's rare for them to hold it this long after a verbal approval; but it does happen once and awhile....

 

I can't recall seeing one for the Philippines; but other embassies, even after a verbal approval, the visa can get denied after further evaluation and AP... while still somewhat rare, it can happen.

 

 

The status after my interview changed to AP it sitted there for 2 weeks then changed to Application Received for a month now... 

5 minutes ago, Greenbaum said:

Are you calling USEM to inquire about the delay. USEM is not normally this slow in releasing a visa after verbal approval is given at the interview. It does happen but it is so rare. I'd call about every 3 days till you learn what is up with the final approval.

 

Call (+632)792-8988 or (+632)548-8223 if you fail to receive your visa after 5-10 working days you must call them.

I have done that for more than a month. But no news that was being said to me aside to wait... I am so bothered...

Just now, wtrav said:

If they told you that you were approved it may be something else causing the delay, not denial.

I know comparing to others really don't help. Thank you so mmuch for the responses...

4 minutes ago, wtrav said:

Didn't you receive a copy of the waybill so you can track your packet after they send it? This is what I got, but I had my interview in a different country than you.

I would contact the embassy and ask about the passport as 10 days have been long gone.

 

Don't worry about other people. IMO if you wee told that the visa was approved the delay in receiving the passport is most likely caused by other factors but denial.

What do you mean of denial? I might got denied? 

1 minute ago, wtrav said:

Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(5) Labor certification and qualifications for certain immigrants.-

(A) Labor certification.

 

Sounds like work related reason for denial.

 

Did you have your K1 interview already? If yes what did they ask you?

 

Updating your timeline will help others to give you a more adequate response.

 

Hi, i will update my timeline today. I got interview last sept 7, 2018 and it's been almost 2 mos. That haven't heard my visa. I was told it will be delivered in 10 days after my interview. Today, i have been wondering what might caused the delay until I saw a post saying her passport was mailed after 3 mos. and received an e-mail of denial under that section. So i recall all of the questions in my interview and one of the questions was "Do you plan to work?" I answered maybe help his business. So I got so worried coz I have read that research that section. I am really worried now... 

Hi, please help me what is 212(a)(5)(a)

11 minutes ago, ThomasNC1988 said:

Normally it will switch back to that status for a day then go to issued. Can't remember anyone having it go back to that and stay.

Hi Sir / Ma'am, have you known or heard someone who has/had that status for that long? Is this normal? 11 days today to be exact. I would understand if it was AP coz this one normally takes 60 days.

From Philippines. It's my 3rd week in Application Received status. After my interview in Sept. 7, status went to AP for 2 weeks and now it's Application Received. The latest status has been sitting there for 11 days since Sept. 24. What is Application received means after the interview and after AP. Please your journey , i am worried. Thank you in advance.

3 minutes ago, Greenbaum said:

Nothing to worry about its normal processing for now. USEM is usually pretty quick in turning around approved visa's. 

 

Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer. Applicants are advised of this requirement when they apply. Most administrative processing is resolved within 60 days of the visa interview. When administrative processing is required, the timing will vary based on the individual circumstances of each case. Your mileage may vary.

Application received has been 2 weeks and my application has been a month... Too long