Wife on her way to manila for interview

[loggingoof 0]

Please keep us posted...

[Brian and Dona 0]

Well things did not go so well. My wife was denied at the interview last time in 2006. Our case was sent back to USCIS, and a notice of intent to deny was issued. I responded by sending my documents, and on Nov 30, 2009 our case was reaffirmed. Now in her interview on april 12, they are trying to use the same information against us. And according to USCIS's policies and procedures, they cannot do that. The must either grant the visa, or find new evidence that was not previously submitted and considered. The kept asking her about why her visa was denied last time, and trying to pressure her into saying something that they can use against her. I feel they are on a fishing expedition, or which hunt, what ever phrase you want to use, to deny us again. I sent them a email and attached a pdf file directly from USCIS on what the procedures are for processing returned cases. I will not sit and let them do this to us again.

As of now, my wife will have to return on thursday, april 15 to submit certified copies of the birth certificates for the kids and possible another interview. They have kept her passport, and did not return it to her as of yet. But here is the copy of the email that was sent by the embassy:

Date: April 12, 2010

This is in reply to your inquiry of April 9, 2010, regarding the visa case of the referenced individual.

The applicant was interviewed today, April 12, 2010, in connection with her IR1 visa application.

Following a careful review of the information and documents available to us, the adjudicating consular officer had to undertake further administrative processing on the case. As soon as the review is completed, we will contact the applicant to resume processing the visa application.

We have included a copy of your communication in the applicant’s case file.

If the applicant would like to inquire further about the status of the visa case, she may contact the Embassy's Visa Call Center at telephone 1-909-101-7878. This number is for subscribers of PLDT and Smart telephone touchtone landlines with national and international distance dialing features (NDD or IDD access). Callers in the USA can contact the Call Center at 1-888-877-9888. The Call Center is open Monday through Friday, from 8:00 a.m. to 6:00 p.m. (Manila time). There is a fee assessed to callers by the Call Center for its services.

Future fiancé(e) and immigrant written visa inquiries should be directed to this web link: http://manila.usembassy.gov/wwwh3230.html.

We hope this information will be helpful to you.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

1000 Manila, Philippines

Telephone: (632) 301-2000

Fax: (632) 301-2037

THIS E-MAIL IS UNCLASSIFIED AS DEFINED IN EXECUTIVE ORDER 12958

here is the information regarding USCIS's procedures for processing returned cases from a visa denial:

If a DOS consular officer discovers during the course of a visa interview that the underlying petition

should not have been approved, or is no longer approvable, the petition may be referred back to USCIS.

In such cases, the returned petition should be accompanied by a memorandum explaining the reasons the

approved petition should be revoked. Once returned, a USCIS officer will review the petition and DOS’s

findings, and may either:

• Find that the petition is not revocable and return the petition to DOS with an explanation

of the decision not to revoke the petition;

• Issue a Notice of Intent to Revoke to the petitioner; or, if warranted,

• Issue a Notice of Automatic Revocation to the petitioner.

If, based on the evidence received, the USCIS officer determines that the approval should not be revoked,

the petitioner will receive a notice advising of the decision to reaffirm the petition. The petition will be

returned to DOS’s National Visa Center (NVC) for shipment to the appropriate consulate with the USCIS

letter of reaffirmation, a copy of the letter of intent to revoke and the petitioner’s response. The NVC will

then forward the petition to the consular office. The consular officer may accept the petition as valid and

adjudicate the visa application to completion, or present to USCIS new evidence that was not previously

considered. In the latter case, USCIS will determine whether such evidence supports revocation of the

petition.

[oliver-chris 3]

I'm very sorry to hear this.But let us not lose hope

Edited April 13, 2010 by oliver-chris

[Loolie 56]

Well things did not go so well. My wife was denied at the interview last time in 2006. Our case was sent back to USCIS, and a notice of intent to deny was issued. I responded by sending my documents, and on Nov 30, 2009 our case was reaffirmed. Now in her interview on april 12, they are trying to use the same information against us. And according to USCIS's policies and procedures, they cannot do that. The must either grant the visa, or find new evidence that was not previously submitted and considered. The kept asking her about why her visa was denied last time, and trying to pressure her into saying something that they can use against her. I feel they are on a fishing expedition, or which hunt, what ever phrase you want to use, to deny us again. I sent them a email and attached a pdf file directly from USCIS on what the procedures are for processing returned cases. I will not sit and let them do this to us again.

As of now, my wife will have to return on thursday, april 15 to submit certified copies of the birth certificates for the kids and possible another interview. They have kept her passport, and did not return it to her as of yet. But here is the copy of the email that was sent by the embassy:

Date: April 12, 2010

This is in reply to your inquiry of April 9, 2010, regarding the visa case of the referenced individual.

The applicant was interviewed today, April 12, 2010, in connection with her IR1 visa application.

Following a careful review of the information and documents available to us, the adjudicating consular officer had to undertake further administrative processing on the case. As soon as the review is completed, we will contact the applicant to resume processing the visa application.

We have included a copy of your communication in the applicant’s case file.

If the applicant would like to inquire further about the status of the visa case, she may contact the Embassy's Visa Call Center at telephone 1-909-101-7878. This number is for subscribers of PLDT and Smart telephone touchtone landlines with national and international distance dialing features (NDD or IDD access). Callers in the USA can contact the Call Center at 1-888-877-9888. The Call Center is open Monday through Friday, from 8:00 a.m. to 6:00 p.m. (Manila time). There is a fee assessed to callers by the Call Center for its services.

Future fiancé(e) and immigrant written visa inquiries should be directed to this web link: http://manila.usembassy.gov/wwwh3230.html.

We hope this information will be helpful to you.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

1000 Manila, Philippines

Telephone: (632) 301-2000

Fax: (632) 301-2037

THIS E-MAIL IS UNCLASSIFIED AS DEFINED IN EXECUTIVE ORDER 12958

here is the information regarding USCIS's procedures for processing returned cases from a visa denial:

If a DOS consular officer discovers during the course of a visa interview that the underlying petition

should not have been approved, or is no longer approvable, the petition may be referred back to USCIS.

In such cases, the returned petition should be accompanied by a memorandum explaining the reasons the

approved petition should be revoked. Once returned, a USCIS officer will review the petition and DOS’s

findings, and may either:

• Find that the petition is not revocable and return the petition to DOS with an explanation

of the decision not to revoke the petition;

• Issue a Notice of Intent to Revoke to the petitioner; or, if warranted,

• Issue a Notice of Automatic Revocation to the petitioner.

If, based on the evidence received, the USCIS officer determines that the approval should not be revoked,

the petitioner will receive a notice advising of the decision to reaffirm the petition. The petition will be

returned to DOS’s National Visa Center (NVC) for shipment to the appropriate consulate with the USCIS

letter of reaffirmation, a copy of the letter of intent to revoke and the petitioner’s response. The NVC will

then forward the petition to the consular office. The consular officer may accept the petition as valid and

adjudicate the visa application to completion, or present to USCIS new evidence that was not previously

considered. In the latter case, USCIS will determine whether such evidence supports revocation of the

petition.

was she sent to FPU? whats the reason of denial of visa on your first petition? if you dont mind.

I remember that email from the embassy... i was sent to fpu before and thats the response i always get everytime i email them.

just hang on...be strong and you will see the light after the tunnel...(hmmm....am i right?) hehehehehehe...

God bless you.

Please keep us posted...

hi good luck on your interview...hope and pray you will pass this time. I remember you.

God bless you always.

[Tahoma 2,291]

Brian...It's a good sign when they keep her passport. If she were going to be denied, they would have given her passport back to her today.

Administrative processing could last less than a week, or it could last a couple of months. However, in the end, she should get her visa.

By the way, good job on emailing the USEM...it shows them that you are on top of it...always a good thing.

Hang in there.

[Scott and Mhay 57]

at least the embassy e-mailed you back almost right away. I emailed them on the 18th of March and they didnt email me back until today..12 april. Of course I called them after a couple of days.

Tahoma is right...it is a good sign they kept her passport. Good luck and hopefully Dona will get her visa soon!

[sachinky 464]

They kept her passport. That's a good thing.

AP from the Philippines is quite rare so I don't know the timeframes, I hope your AP is short.

Keep in touch with the USEM.

Good luck, Brian!

[oliver-chris 3]

Brian...It's a good sign when they keep her passport. If she were going to be denied, they would have given her passport back to her today.

Administrative processing could last less than a week, or it could last a couple of months. However, in the end, she should get her visa.

By the way, good job on emailing the USEM...it shows them that you are on top of it...always a good thing.

Hang in there.

there is still hope !

[Brian and Dona 0]

Thank you all for the support. I was surprised that the embassy emailed me when the wife had to back after lunch, she was still inside when they emailed me. I responded by giving them the information from USCIS that says they have to do two things, either grant the visa or find new evidence that was not previously considered. And they are trying to bring up information from the last interview, which in my opionion is illegal because it cannot be considered because my rebuttal evidence overruled that. And USCIS clearly says they have to find NEW evidence that was NOT previously considered. I am fed up with them trying to do what ever they want to get a denial.

By the way the first interview was denied because they said we married for the sole purpose of immigration. But as I stated before that information was disclosed to USCIS when the case was returned and when they sent the NOID, and I sent my rebutting evidence, which our case was reaffirmed. And overrulling any statements or recommendations that the interviewing CO wrote. I read and read the document, nowhere in it did it say, they CO can use any means possible, even previousy used evidence to deny the visa.

I have attached the pdf file so anyone in this scenario can be just as informative.

FactSheet%20_VisaRevocations__9Apr09_.pdf

[loggingoof 0]

WE hope that once she submitted the additional documents needed everything will be fine and no more freaking interviews...

thank you for sharing us the news and some infos.. that makes me decide to bring another copy of the rebuttal letter from our atty. and so the e-mail of the CO to my husband.

Just hang in there guys, just think positive.

[PhiLandShiR 18]

My wife is on her way to the embassy for interview.She is on a bus from cavite. Our case was denied at the first interview, sent back to USCIS and reaffirmed.I am hopping for a better result this time.

Best of luck!! We are all holding our breath for you!!

[Brian and Dona 0]

Just to let everyone know, I have contacted the embassy several times via email to let them know about our case. I feel they are trying to find any thing to fail her on. I have contacted the dept of state to file a complaint againts the embassy. But shie goes back for another interview tomorrow, and I will not go out guietly into the night. Below is the letter I sent the embassy, as well as sent my wife to print out for hard copy.

To whom it may concern:

I am writing this letter today to express my feelings on how the interview process is going on my wife Dona

She has expressed to me that you keep asking about the previous interview, in particular about a sign statement she supposedly signed in the interview in 2006. She states that you are intent to get her say something that you might use against her to deny the visa. It is clear by the evidence and USCIS approval(twice) that we do have a bona fide relationship, and not one for seeking immigration benefit.

It is my understanding that since the signed statement and consular officer’s recommendations from the previous interview where considered in the notice of intent to deny was issued by the USCIS in September 2009, and USCIS chose to reaffirm our case, and recommend a visa be issued, it can no longer be used against her in this interview. I will remind you that I have closely examined USCIS’s policies and procedures for processing cases that have been returned to them after the initial approval. And it clearly states that you have two choices and two choices only, and they are to either adjudicate the application to completion and grant the visa, or find NEW evidence that HAS NOT been previously submitted, considered and disclosed. I will reiterate that the previous interview’s documentation has already been disclosed to USCIS when you returned it for further review or possible revocation. And USCIS reviewed your findings and documentation from the previous interview, and the USCIS reaffirmed our petition because of my overwhelming evidence that our relationship is in fact true and bona fide, and that documentation overcame all of the derogatory information that was disclosed.

I understand that just because the USCIS reaffirms our petition, that does not guarantee a visa, but it makes our case even stronger. I have had more than three years to stew over this, three years to do my research and know the procedures that are in place because USCIS is being overwhelmed by cases being returned to them from the consulates for not considering the burden that comes with returning cases. I know that in recent years USCIS is getting tired of getting cases back to them for no just cause, causing lost man power and resources.

I would like to inform you that I have not taken your misconduct during Dona’s interview lightly. I have emailed you the specifics, copies of USCIS procedures for processing returned cases, the latest one is dated April 9, 2009. I find that since you know what the procedures are, and are trained professionals your misconduct is unprofessional, unethical and tasteless. You knew full well that you can no longer use any information that USCIS is already aware of and over ruled by my evidence, but you did it anyways. I would like to inform you that I find your interview tactics of being a “fishing expedition” to find something to fail her on is completely out of line and will not and shall not be tolerated. Because of matters like this, I have reported the incident to the Department of State in Washington DC, my state senator, congresswoman, and governor, and I plan on escalating this matter to the highest levels possible.

The fact is, our petition was sent back in 2006, sat in USCIS’s jurisdiction for two years, and a notice of intent to deny(NOID) was issued and my rebuttal evidence, your recommendations and objections where all considered, and our case was reaffirmed in September 2009. And we are both still here. If this was a relationship of convienence, at least Dona would of moved on and try to seek another United States citizen to get her into the states, but that is not the case. We both have spent a lot of money, time and effort into our relationship, that sure doesn’t sound like a marriage of immigration purposes. Please think about that before you think that Dona is trying to “cheat” the system.

For your reference, I have included the information on USCIS’s policies and procedures for processing returned petitions that USCIS has reaffirmed..

Immigrant Visa Petitions Returned by the State Department Consular Offices

An approved immigrant visa petition may be revoked by a U. S. Citizenship and Immigration Services (USCIS) officer authorized to approve such petitions.

Reasons for Revocation

When USCIS has previously approved an immigrant visa petition, the U.S. Department of State (DOS) may grant a family-based or employment-based immigrant visa to the petition's beneficiary and qualified derivatives. A petitioner is defined as the family member or employer (or the employer's agent) who submitted the petition to USCIS. A beneficiary is an alien family member or employee who will seek admission to the United States upon approval of the petition and issuance of the appropriate visa from DOS. 

The most common types of immigrant visa petitions are the Form I-130 (Petition for Alien Relative) and the Form I-140 (Immigrant Petition for Alien Worker).    Either of these petitions may be revoked at the discretion of USCIS upon notice or, under certain prescribed circumstances, automatically. See 8 CFR 205.1 (listing appropriate grounds for automatic revocation), 8 CFR 205.2 (revocation on notice); see generally INA section 205 (specifying that revocation of immigrant visa petitions is discretionary).  

If a DOS consular officer discovers during the course of a visa interview that the underlying petition should not have been approved, or is no longer approvable, the petition may be referred back to USCIS.  In such cases, the returned petition should be accompanied by a memorandum explaining the reasons the approved petition should be revoked. Once returned, a USCIS officer will review the petition and DOS's findings, and may either:

Find that the petition is not revocable and return the petition to DOS with an explanation of the decision not to revoke the petition;

Issue a Notice of Intent to Revoke to the petitioner; or, if warranted,

Issue a Notice of Automatic Revocation to the petitioner.

Revocation

In certain instances, such as the death of the beneficiary or the petitioner, or termination of registration under INA section 203(g) (failure of the alien to timely file an application for an immigrant visa petition), an approved petition or self-petition is automatically revoked as of the date of approval. See 8 CFR 205.1. If USCIS is aware of such circumstances, USCIS will send a notice of the automatic revocation to the consular office having jurisdiction over the visa application, with a copy to the petitioner¿s last known address. 

In other instances, the approval of an immigrant visa petition may be revoked upon notice ("revocation on notice") by issuing a Notice of Intent to Revoke (NOIR) to the petitioner. See 8 CFR 205.2. The NOIR will explain the reasons the approved petition should be revoked and will give the petitioner a reasonable period of time to submit evidence to show why the petition should not be revoked. The petitioner must respond within the time allotted. An extension may be granted at the discretion of USCIS if the petitioner needs additional time to obtain documentation from abroad or for other meritorious reasons; however, the petitioner must respond in a timely manner to the NOIR by the stated deadline, and provide a reason for requesting the extra time.

Decision on Revocation

If, based on the evidence received, the USCIS officer determines that the approval should not be revoked, the petitioner will receive a notice advising of the decision to reaffirm the petition. The petition will be returned to DOS's National Visa Center (NVC) for shipment to the appropriate consulate with the USCIS letter of reaffirmation, a copy of the letter of intent to revoke and the petitioner's response. The NVC will then forward the petition to the consular office. The consular officer may accept the petition as valid and adjudicate the visa application to completion, or present to USCIS new evidence that was not previously considered. In the latter case, USCIS will determine whether such evidence supports revocation of the petition.    

If the petitioner does not overcome the basis for the revocation, or fails to timely respond, adecision of revocation will be issued to the petitioner on Form I-292. The petitioner may file an appeal on a decision to revoke a petition just as if the petition had been denied originally, except that the authorized period for filing the appeal is only 15 days regardless of the type of petition. See 8 CFR 205.2(d).  Most courts have determined that a final decision by USCIS to revoke an immigrant visa petition is not reviewable.

What the beneficiary should expect

When a consular officer returns an immigrant visa petition to USCIS for reconsideration and possible revocation, he or she will typically deny the visa application on the basis of INA section 221(g) (temporary refusal of immigrant visa), pending USCIS review of the returned petition. The consular officer may also deny the visa application on another basis, if appropriate. If USCIS later reaffirms the approval of the petition, USCIS will send the petition back to DOS, at which point the consular officer will either accept the petition as valid and adjudicate the visa application to completion, or present USCIS with new evidence that was not previously considered.  When a DOS consular officer denies an immigrant visa application, he or she will provide the beneficiary with a refusal letter listing the section of law under which the visa was refused

Thank you,

source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=6b3e9c337879d110VgnVCM1000004718190aRCRD&vgnextoid=aa7e89ce45c80210VgnVCM1000004718190aRCRD

[Loolie 56]

did you notarize the letter?

[sachinky 464]

I hope everything works out for you, Brian! Keep the faith.

Any way you could attend the 3rd interview?

[oliver-chris 3]

Just to let everyone know, I have contacted the embassy several times via email to let them know about our case. I feel they are trying to find any thing to fail her on. I have contacted the dept of state to file a complaint againts the embassy. But shie goes back for another interview tomorrow, and I will not go out guietly into the night. Below is the letter I sent the embassy, as well as sent my wife to print out for hard copy.

To whom it may concern:

I am writing this letter today to express my feelings on how the interview process is going on my wife Dona

She has expressed to me that you keep asking about the previous interview, in particular about a sign statement she supposedly signed in the interview in 2006. She states that you are intent to get her say something that you might use against her to deny the visa. It is clear by the evidence and USCIS approval(twice) that we do have a bona fide relationship, and not one for seeking immigration benefit.

It is my understanding that since the signed statement and consular officer's recommendations from the previous interview where considered in the notice of intent to deny was issued by the USCIS in September 2009, and USCIS chose to reaffirm our case, and recommend a visa be issued, it can no longer be used against her in this interview. I will remind you that I have closely examined USCIS's policies and procedures for processing cases that have been returned to them after the initial approval. And it clearly states that you have two choices and two choices only, and they are to either adjudicate the application to completion and grant the visa, or find NEW evidence that HAS NOT been previously submitted, considered and disclosed. I will reiterate that the previous interview's documentation has already been disclosed to USCIS when you returned it for further review or possible revocation. And USCIS reviewed your findings and documentation from the previous interview, and the USCIS reaffirmed our petition because of my overwhelming evidence that our relationship is in fact true and bona fide, and that documentation overcame all of the derogatory information that was disclosed.

I understand that just because the USCIS reaffirms our petition, that does not guarantee a visa, but it makes our case even stronger. I have had more than three years to stew over this, three years to do my research and know the procedures that are in place because USCIS is being overwhelmed by cases being returned to them from the consulates for not considering the burden that comes with returning cases. I know that in recent years USCIS is getting tired of getting cases back to them for no just cause, causing lost man power and resources.

I would like to inform you that I have not taken your misconduct during Dona's interview lightly. I have emailed you the specifics, copies of USCIS procedures for processing returned cases, the latest one is dated April 9, 2009. I find that since you know what the procedures are, and are trained professionals your misconduct is unprofessional, unethical and tasteless. You knew full well that you can no longer use any information that USCIS is already aware of and over ruled by my evidence, but you did it anyways. I would like to inform you that I find your interview tactics of being a "fishing expedition" to find something to fail her on is completely out of line and will not and shall not be tolerated. Because of matters like this, I have reported the incident to the Department of State in Washington DC, my state senator, congresswoman, and governor, and I plan on escalating this matter to the highest levels possible.

The fact is, our petition was sent back in 2006, sat in USCIS's jurisdiction for two years, and a notice of intent to deny(NOID) was issued and my rebuttal evidence, your recommendations and objections where all considered, and our case was reaffirmed in September 2009. And we are both still here. If this was a relationship of convienence, at least Dona would of moved on and try to seek another United States citizen to get her into the states, but that is not the case. We both have spent a lot of money, time and effort into our relationship, that sure doesn't sound like a marriage of immigration purposes. Please think about that before you think that Dona is trying to "cheat" the system.

For your reference, I have included the information on USCIS's policies and procedures for processing returned petitions that USCIS has reaffirmed..

Immigrant Visa Petitions Returned by the State Department Consular Offices

An approved immigrant visa petition may be revoked by a U. S. Citizenship and Immigration Services (USCIS) officer authorized to approve such petitions.

Reasons for Revocation

When USCIS has previously approved an immigrant visa petition, the U.S. Department of State (DOS) may grant a family-based or employment-based immigrant visa to the petition's beneficiary and qualified derivatives. A petitioner is defined as the family member or employer (or the employer's agent) who submitted the petition to USCIS. A beneficiary is an alien family member or employee who will seek admission to the United States upon approval of the petition and issuance of the appropriate visa from DOS.

The most common types of immigrant visa petitions are the Form I-130 (Petition for Alien Relative) and the Form I-140 (Immigrant Petition for Alien Worker). Either of these petitions may be revoked at the discretion of USCIS upon notice or, under certain prescribed circumstances, automatically. See 8 CFR 205.1 (listing appropriate grounds for automatic revocation), 8 CFR 205.2 (revocation on notice); see generally INA section 205 (specifying that revocation of immigrant visa petitions is discretionary).

If a DOS consular officer discovers during the course of a visa interview that the underlying petition should not have been approved, or is no longer approvable, the petition may be referred back to USCIS. In such cases, the returned petition should be accompanied by a memorandum explaining the reasons the approved petition should be revoked. Once returned, a USCIS officer will review the petition and DOS's findings, and may either:

Find that the petition is not revocable and return the petition to DOS with an explanation of the decision not to revoke the petition;

Issue a Notice of Intent to Revoke to the petitioner; or, if warranted,

Issue a Notice of Automatic Revocation to the petitioner.

Revocation

In certain instances, such as the death of the beneficiary or the petitioner, or termination of registration under INA section 203(g) (failure of the alien to timely file an application for an immigrant visa petition), an approved petition or self-petition is automatically revoked as of the date of approval. See 8 CFR 205.1. If USCIS is aware of such circumstances, USCIS will send a notice of the automatic revocation to the consular office having jurisdiction over the visa application, with a copy to the petitioner¿s last known address.

In other instances, the approval of an immigrant visa petition may be revoked upon notice ("revocation on notice") by issuing a Notice of Intent to Revoke (NOIR) to the petitioner. See 8 CFR 205.2. The NOIR will explain the reasons the approved petition should be revoked and will give the petitioner a reasonable period of time to submit evidence to show why the petition should not be revoked. The petitioner must respond within the time allotted. An extension may be granted at the discretion of USCIS if the petitioner needs additional time to obtain documentation from abroad or for other meritorious reasons; however, the petitioner must respond in a timely manner to the NOIR by the stated deadline, and provide a reason for requesting the extra time.

Decision on Revocation

If, based on the evidence received, the USCIS officer determines that the approval should not be revoked, the petitioner will receive a notice advising of the decision to reaffirm the petition. The petition will be returned to DOS's National Visa Center (NVC) for shipment to the appropriate consulate with the USCIS letter of reaffirmation, a copy of the letter of intent to revoke and the petitioner's response. The NVC will then forward the petition to the consular office. The consular officer may accept the petition as valid and adjudicate the visa application to completion, or present to USCIS new evidence that was not previously considered. In the latter case, USCIS will determine whether such evidence supports revocation of the petition.

If the petitioner does not overcome the basis for the revocation, or fails to timely respond, adecision of revocation will be issued to the petitioner on Form I-292. The petitioner may file an appeal on a decision to revoke a petition just as if the petition had been denied originally, except that the authorized period for filing the appeal is only 15 days regardless of the type of petition. See 8 CFR 205.2(d). Most courts have determined that a final decision by USCIS to revoke an immigrant visa petition is not reviewable.

What the beneficiary should expect

When a consular officer returns an immigrant visa petition to USCIS for reconsideration and possible revocation, he or she will typically deny the visa application on the basis of INA section 221(g) (temporary refusal of immigrant visa), pending USCIS review of the returned petition. The consular officer may also deny the visa application on another basis, if appropriate. If USCIS later reaffirms the approval of the petition, USCIS will send the petition back to DOS, at which point the consular officer will either accept the petition as valid and adjudicate the visa application to completion, or present USCIS with new evidence that was not previously considered. When a DOS consular officer denies an immigrant visa application, he or she will provide the beneficiary with a refusal letter listing the section of law under which the visa was refused

Thank you,

source: http://www.uscis.gov...0004718190aRCRD

All we have are good hopes for you and your wife.Keep the faith