Package return to NVC

[shoeman009 7]

Thanks in advance for your help. My post has a couple of questions.

Our case was returned to the NVC after my fiancée interview. From correspondence I received from my senators office I know the following.

It was sent back on 06/13/16.

It was returned for further IMBRA Review.

As of 07/06/16 it still hasn't been received by the NVC.

I have an order of protection that expires on08/02/16 from a nasty divorce. I was never arrested nor charged with anything. It was used as a shield to deny me seeing the kids.

My questions are ;

What IMBRA things are going to be done ? ( we met in person and have seen each other on 4 different occasions in the last year. She knows about the order and it was communicated by me and the embassy)

How long does it take to get a package back to the NVC from the embassy? ( I have the pouch number)

Is it prudent to write the USCIS and ask them at this point what is needed and what I can do to expedite the process ?

Thanks.

[Meg&Andrew 297]

So I'm assuming your fiancé was denied during her interview?

[shoeman009 7]

Denied not really. But not given a visa.

It's sent back for IMBRA review. We didn't use a broker so I'm assuming it's for the TPO that expires in 28 days.

[Meg&Andrew 297]

Sent back to the embassy or sent back to USCIS or NVC? I was a bit confused by that part, the way it seems from your post, they sent it back to the NVC, but the NVC sent it back to the embassy? And what exactly was she told in the interview? They didn't tell her why she was denied or what the issue was?

Edited July 6, 2016 by Meg&Andrew

[shoeman009 7]

Embassy sent it back to NVC which really means sent back to USCIS.

The CO didn't give any reason for not approving the visa. The 221 G didn't ask for anything.

An email response from the embassy to my senators office stated it was sent back to the NVC for an IMBRA review.

So it's not denied but it's not approved.

[Meg&Andrew 297]

Ok well bad news is, if it's sent back to the NVC or USCIS, it's been sent there to let sit and expire. You have 2 options. A) File k-1 visa again or B) marry and file CR1. Which is what most people would suggest after being denied a k-1. But with the Order of protection, even though that expires, it will still remain on your background check (I would assume). So that is possibly the reason for you needing the IMBRA waiver. I'm not familiar with these waivers or how they work. You need to find out what happened and what exactly needs to be done before you file again. I would suggest an immigration lawyer. Sorry. Hopefully someone else will chime in with some more info and help for you.

[shoeman009 7]

I wholeheartedly disagree with sit and expire. I'm not letting it sit.

No one said IMBRA waiver. It said IMBRA review. As part of the process I've already passed an IMBRA check and background check.

I've decided against a CR-1.

I've spoken with USCIS and the status is still active.

I'm seriously looking at an attorney.

This whole mentality of it is just this way is infuriating. We have let the government get to damn big and too damn comfortable. Government should exist to serve me not the other way around.

And we wonder why we have an illegal immigration problem. Legal filers are burdened.

I wholeheartedly disagree with sit and expire. I'm not letting it sit.

No one said IMBRA waiver. It said IMBRA review. As part of the process I've already passed an IMBRA check and background check.

I've decided against a CR-1.

I've spoken with USCIS and the status is still active.

I'm seriously looking at an attorney.

This whole mentality of it is just this way is infuriating. We have let the government get to damn big and too damn comfortable. Government should exist to serve me not the other way around.

And we wonder why we have an illegal immigration problem. Legal filers are burdened.

[LionessDeon 2,060]

Isn't the interview stage an odd place to be worried about the USC background/police record? Shouldn't that been taken care of NOA1-NOA2 phase? I thought that the interview phase was for the beneficiary?

K1s are usually left to expire, unless you are waiting out a ban or filing a waiver. IMBRA waiver is new to me, so I can't advise on that. Never say never, the end result maybe a CR1.

I can sympathize with you on the difficulties of immigration. Our K1 journey is finally about to end after 2 years.

Edited July 6, 2016 by LionessDeon

[viltud 1]

Maybe just call to your fianance ambassy and ask what going on. They should give you a reason why did it.

[NikLR 13,220]

You kinda dont have a choice about the NOA2 expiring. That's why they return it to the USCIS the long way. Also calling the DOS wont help. Neither will a lawyer. You can try your congressman. However your best bet is to get married and file for the CR1. An approved I-130 does not expire until the USCIS revokes their approval. So at least if you are denied at interview, the petition will be looked at again.

Also living in the USA is a privilege not a right. Your government may serve you but not you as an individual; it's serves the American people as a whole.

[KayDeeCee 4,891]

On what grounds was the protection order given? Was domestic violence listed? Even if you think it is a bogus order, it matters for IMBRA. Did they mention it to your fiancee and she not know about anything?

As for the questions in this thread about why it would come up at the interview, because that is how the IMBRA laws work. They let the foreign fiance(e) know about the USC's past criminal background concerning any of the crimes that fall under IMBRA.

From the I-129F instructions>

3. What Documents Must You Submit to Comply With IMBRA?
a. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police
records showing the charges and dispositions for every conviction. You must do so even if your records were sealed
or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no
longer have a record.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other
person against an adult or youth victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.

(2) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint,
false imprisonment, or an attempt to commit any of these crimes.

(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise
from a single act.

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your
criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your
petition under section 833(a)(5)(A)(ii) of IMBRA. In addition, under section 833(a)(5)(A)(iii) of IMBRA, any
criminal background information pertaining to you that USCIS may discover independently in adjudicating this
petition will also be provided to the Department of State for disclosure to the beneficiary of your petition. You
should also note that under section 833© of IMBRA, the name and contact information of any person who was
granted a protection or restraining order against you, or of any victim of a crime of violence perpetrated by you,
will remain confidential. However, your relationship to such person or victim (e.g., spouse, parent, former spouse)
will be disclosed.

[shoeman009 7]

No convictions , arrests or anything.

The only listed thing was she was afraid of my reaction when I found out about her illegitimate pregnancy.

The letter mailed in packer 3 listed two things.

1. Petitioner is 11 years older than beneficiary.

2. Petitioner is the subject of an order of protection.

BTW I'm not Brady disqualified. It's really a no contact order with an exception for email.

[NikLR 13,220]

Again though, CR1 circumvents IMBRA. Only an AWA conviction or lack of evidence of relationship would cause your petition to be denied. At least then it won't expire.

[LionessDeon 2,060]

On what grounds was the protection order given? Was domestic violence listed? Even if you think it is a bogus order, it matters for IMBRA. Did they mention it to your fiancee and she not know about anything?

As for the questions in this thread about why it would come up at the interview, because that is how the IMBRA laws work. They let the foreign fiance(e) know about the USC's past criminal background concerning any of the crimes that fall under IMBRA.

From the I-129F instructions>

3. What Documents Must You Submit to Comply With IMBRA?

a. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police

records showing the charges and dispositions for every conviction. You must do so even if your records were sealed

or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no

longer have a record.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or

former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is

cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of

the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other

person against an adult or youth victim who is protected from that person's acts under the domestic or family

violence laws of the jurisdiction.

(2) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking,

peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint,

false imprisonment, or an attempt to commit any of these crimes.

(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise

from a single act.

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your

criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your

petition under section 833(a)(5)(A)(ii) of IMBRA. In addition, under section 833(a)(5)(A)(iii) of IMBRA, any

criminal background information pertaining to you that USCIS may discover independently in adjudicating this

petition will also be provided to the Department of State for disclosure to the beneficiary of your petition. You

should also note that under section 833© of IMBRA, the name and contact information of any person who was

granted a protection or restraining order against you, or of any victim of a crime of violence perpetrated by you,

will remain confidential. However, your relationship to such person or victim (e.g., spouse, parent, former spouse)

will be disclosed.

Thank you for this info! Always learning.

[cdneh 3,112]

Typical ? You don't know me. Why are you coming at me with a personal attack ? Yes it's necessary. But I see a great deal of waste. I see the same "your bothering me" attitude when asking pertinent questions.

As to the protection order, I've been cleared once by the USCIS. " shining through" ? Really ? That's an asinine statement.

I didn't ask a question to be attacked. I merely wanted to know if others had information on the subject.

And yes we are all owed an explanation as to why and how our cases are adjudicated. That's only fair.

They don't have to explain anything to you. And it's likely they will not. There isn't anything transparent about the process, never has been, and most likely never will be. And it isn't fair, you say? Maybe so, maybe no, but it is the only game in town. In order for you to bring a foreigner into this country and marry her, they set the rules. They are in charge of the process from beginning to end. No amount of righteous indignation will change a thing.

Your time will be better spent on working out a plan B. If you have rules out a CR1 Visa, what exactly IS your plan B?