luzhok

6 hours ago, Luckycuds said:

Was he granted citizenship in 2017?

There was no decision. It was not granted and it was not denied. 

My husband had his first citizenship interview back in 2017. After 3 years of waiting he is invited for the second interview. Is it normal?

Can my husband play the green card lottery while I file a spouse petition for him? Is it a good idea?

How to get a police certificate from Ukraine for Russian citizen? My fiance is in Moscow now but he studied in Ukraine some time ago. He contacted the Ukrainian embassy in Moscow but they told him that they serve only Ukrainian citizens. Any suggestions?

I'm planning to get married and file spouse petition after fiance petition returned to US. Need help. Thank you.

What additional documents were requested, especially the last document from the second request? That might be the explanation.

Good luck.

Well, they asked to replace police certificates and a divorce certificate issued by the state which was not recognized by US government with the docs issued by the country which US recognizes. That was the reason for 221(g). We submitted the requested docs but they still returned the case.

The worst experience was 7 months administrative review and communication with the embassy. They are pure evil.

Oh no, I'm so sorry! Did they not send you a letter explaining their reasoning? Are you going to try and refile?

We will definitely be back with a new petition as soon as I know the reason what was wrong with the first application.

December 5, 2008 - Petition is filed

March 13, 2009 - Petition is approved

March 19, 2009 - NVC forwards the petition to the wrong embassy

May 6, 2009 - The case is received by the correct embassy and interview is scheduled

July 22, 2009 - Interview. CO requests additional documents. Administrative review is initiated under 221(g)

July 30, 2009 - Requested documents are submitted to the embassy.

October 5, 2009 - CO requests another document.

November, 20 2009 - CO confirms that they received requested document

February 24, 2010 - The petition is returned to US (I learned about it only on March 16)

April 28, 2010 - The petition is back in USCIS

August 11, 2010 - Got a letter from USCIS saying that the petition is expired and closed

I've been through everything described here:

http://visajourney.com/wiki/index.php/Returning_Petitions_to_USCIS_via_221g

Still don't know the actual reason for return

Hello everyone,

My petition has been returned by the embassy to USCIS 3 months ago. When I called them for the status update, I was told to wait 100 days for the case to be reviewed. After 100 days, I called them again. Now they tell me that minimum wait time is actually 120 days (4 months). What if next time they'll give me another time frame? It's been almost 2 years since I started the fiance petition process. I'm so upset :crying:

I'm tracking the status online and they say there "We'll let you know once the case is reviewed." Basically, there's no time frame at all!

Has anybody been through this? What's the average wait time?

Thank you.

WAIT

Do not write any letters. It won't matter. There is no process to "rebutt" or appeal. If the case is denied the ONLY way to reconsider it is to file an I-290, motion to re-open, which costs $585, and you must present NEW evidence why the case should be re-opened. There are two better options.

IF the case is denied, wait until you get the notice of the reason it was denied, correct the reason it was denied and file anew petition for $455. It will probably process just as fast. OR marry your fiancee in Russia and file for a CR-1, BUT do not do anything until you find the reason for denial and correct the problem, whatever it is.

That's my plan - to wait. If denied, I would not refile for fiance petition. We'll get married.

I've read that when filing the second petition even for the same person I need some sort of waiver. What is that? Where I can read about it?

help me please to know how to make the foia ????

Request FOIA from USCIS and DOS.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6f2a4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

http://foia.state.gov/foiareq/foialetter.asp

So if you don't know the reason for the return, how can you prepare an accurate rebuttal?

I guess I was looking for general guidelines/tips...

I think going through the interview questions can help you figure out the possible reasons, and did your fiance ask why they were denied? I created a letter covering any possible red flag that I thought they may be worried about from the interview questions & what was stated at the refusal. Hope that helps There is no particular way to do this, cuz everyones case is different. Best of luck.

Monica

The interview was fine but they put the case under administrative review. After 7 months of review they sent the petition back. The embassy refused to give me the reason for return.

You can try a Freedom of Information Act filing. You basically write a demand tho know the details to the government.

This is what I'm doing now. I wish I knew about this FOIA sooner.

If you were not notified by USCIS, how were you notified by the retrun petition? Did your online status change to RFE? That is not exactly the same as a returned petition.

As far as preparing a rebuttal, I do not think anyone here can advise you until you explain how you know your petition will be returned and then the reason for the return, denial or request for further evidence or a waiver is needed etc...

Good luck.

The embassy informed me that they returned the petition. The case is in USCIS now under review (I'm checking the status online). I'm waiting for their decision and want to be prepared in case of denial. What's RFE? My problem is that I still don't know the reason for petition return. No embassy or USCIS tell me. How to find that out? Thank you.

I was not notified by USCIS about returned petition but want to be prepared in advance. BTW, I still don't know the reason for return.

I'm in AP for seven months already. According to DOS, my case has not been touched for the past two months.

How much details do you get when calling DOS? Do you know if they are working on your case?

wish we could see the light

Congratulations and best wishes!

May I ask what "shortcuts" did you use?

Find the venue which is flexible with dates. Explain them "visa pending" situation (that's what I did for myself). The worst case scenario you'll lose a deposit but it's the only solution in your case unless you want to contact your congressman.

When my fiance had interview, he showed our wedding invitation with venue and a specific date, they did not consider that. So you never know.

AP name checks - which is hopefully what you are in not the "we doubt your relationship" AP --- have to take their course. Once all are checked, USCIS will allow the consulate to issue the visa. Keep calling the DOS every week or two. As Brenda said, your congressional rep can inquire every few months --- so they know you are still waiting.

It sucks, I know!!!!

Ann (spent 11 months in AP - after waiting 17 months for an interview)

It does not seem as a name check. DOS told me "we don't know what the consulate is up to". If it was a name check somebody would mention it already. I've heard here that DOS can say if the case is under name check.

This is my experience. Senator did not help either.

Does anyone know of any other influential officials or organizations that can be utilized to expedite the AP? What immigration lawyers can do? Thank you.

If documents are returned to USCIS, it means that the visa has been denied and the consulate is recommending revocation of the petition approval.

Thank you. Where can I read more information about it?

Hi-- I have been calling DOS pretty regularly lately to try to find out if they have processed my fiance's packet 3 so we can get our interview date (London). However, since the Haiti crisis I have not been able to get through. Has anyone successfully contacted them over the past week? Any tips? Thanks!

It took me about 15 min waiting on the line to get through.

I want to be prepared for bad AP outcome. If documents are sent back to USCIS does it mean visa is denied? If we apply again without going through appellation should we indicate that once the visa application was rejected?