case sent back to uscis but nvc sent back to embassy

[Sylvia_n_Joseph 3]

The problem is that they should be able to call the call center and ask what to expect next, but they aren't trained on returned petitions. When I called about ours they had no idea what I was talking about.

I hope this is a good sign. I would be interested to see what step you were on in the I-130. If it has already made it to the NVC, and they are requesting you to follow the steps I would do it. But this is the tricky part. When it makes it back to the consulate you had better be prepared to give them some sort of proof that is going to address the reason the K-3 was denied. If not you can expect the same thing to happen with the CR1.

Take this very seriously. A denied CR1 is extremely time consuming. If you can figure out what went wrong you can turn this around before it goes there.

I agree. . .the call center doesn't even know what to tell us in a typical situation. . .it's really pretty pathetic.

Dear friends

Is that any one know how much time Return petition takes to reach CSC and issue NOIR

thanks

It can take 3-4 months for a petition to get back to CSC. Call NVC and tell them you have a letter from the embassy that the petition is being returned and ask if it is in there system when it was sent back.

[laurarajesh 0]

The problem is that they should be able to call the call center and ask what to expect next, but they aren't trained on returned petitions. When I called about ours they had no idea what I was talking about.

I hope this is a good sign. I would be interested to see what step you were on in the I-130. If it has already made it to the NVC, and they are requesting you to follow the steps I would do it. But this is the tricky part. When it makes it back to the consulate you had better be prepared to give them some sort of proof that is going to address the reason the K-3 was denied. If not you can expect the same thing to happen with the CR1.

Take this very seriously. A denied CR1 is extremely time consuming. If you can figure out what went wrong you can turn this around before it goes there.

I agree. . .the call center doesn't even know what to tell us in a typical situation. . .it's really pretty pathetic.

Dear friends

Is that any one know how much time Return petition takes to reach CSC and issue NOIR

thanks

It can take 3-4 months for a petition to get back to CSC. Call NVC and tell them you have a letter from the embassy that the petition is being returned and ask if it is in there system when it was sent back.

dear friend

today i called Marc Ellis he very nice. he told we can start process of 130. the thing i woory is embassy not telling why they sent case back they can sent my 130 also if i will not provide all avidence. how can i find that why they sent case back.the reasion i thinking is my wife came india only once after marry. that can be the reasion.

thanks

[laurarajesh 0]

Bottom line, this is a denial. And since it has been a few weeks now it is a good possibility that the case has been sent back to the service center that original approved your petition. They send this back when they find some sort of possible evidence that suggests fraud. Their advice to the USCIS will be to revoke the original I-129f. I know this process because we went through it.

First contact your senator or congressman that is in your (the USC) area. Explain your case to them and request assistance to follow your case to ensure it doesn't get "lost". Also ask that they get what is called the registry number for the diplomatic pouch that the case was sent back in. This way you can trace the package.

Review the interviewers questions completely and try to find out what red flags you have, and what would give the interviewer the opinion that this is a fraud marriage.

The I-129f will probably expire, but not always. But the I-130 won't. Therefore they will send you what is called the Notice of Intent to Revoke (NOIR). They will give you somewhere around 30 days to respond to fight your case. You need to be able to provide evidence to address their concerns, but the tricky part is that they don't always tell you what their concerns are.

This is a very time consuming process. Ours took an additional 15 months after his first interview, so prepare for this, and keep gathering evidence. Please read this thread:

http://www.visajourney.com/forums/index.php?showtopic=3896

Hello Friends

this is the reply Consular office wrote to my sanater. i did not understand wt the consular officer was not convinced of the relationship in this case.

next question is can we start 130 procesing and wt we have to do for that. is that any one know wt will happen. because they not told exect resaion. any one know wt will be the time frame to process 130. and also k3 time frame is it going back to uscis.

Dear Mr. 8888

Thank you for your e-mail inquiry of January 27, 2009, regarding the K3 visa application of Rajesh Singh (NWD*******

K3 petitions expire four months from the approval date; this petition expired on July 10, 2008. The consular officer has the discretion to re-validate K3 visa petitions if they expire during processing; however, as the consular officer was not convinced of the relationship in this case, the petition was not revalidated. The application was returned to the National Visa Center (NVC) on January 13, 2009. Once NVC receives the petition, it will return it to the approving office of the United States Citizenship and Immigration Service (USCIS). Please direct all future inquiries regarding this case to the approving USCIS office.

If we can be of assistance in any other matter, please do not hesitate to contact us.

Sincerely,

Did your senator request the diplomatic pouch registry number? If you had that you could track about where the package is. But if it is true that it was sent on January 13 then it could be close to the service center. First it goes to Washington. Then they forward it to the NVC, where they mark it as fraud, then it goes to the USCIS that approved the initial petition. I hope that was the CSC since I hear the VSC is quite slow.

Now if you contact the service center before it gets back they they will only give you the information from their last knowledge of the petition. So don't get your hopes up if they say it was approved. You have to ensure that they have it back and have noted it on their records. Once they do have it they will probably send you an I-797. This will probably have a priority date, but it isn't like the I-129f or the I-130, there is not a timeline you can follow. So this is where it is very helpful to have you senator contact them every few weeks to enquire into the status. This is by far the hardest part because you won't know what day they will actually look at it. This part took around 7 months for us, and that is considered quick. So all you can do is keep collecting evidence and prepare your rebuttal for when they send you the NOIR.

They didn't tell you why they didn't believe your marriage is bonafide, which doesn't surprise me. They didn't tell us either. But we figured out what their suspicions were by the questions at the interview. So I worked on gathering evidences for what we suspected, as well as to all of the red flags that we had. I also made 2 more trips out to visit my husband while we waited for their NOIR. At the time I didn't realize it, but this was also good proof of a bonafide marriage.

dear friends

I can't say for sure, this is where an immigration attorney experienced in this specific area should be helping you with.

This sounds strange to me, if the I-130 is lost, how can they do background checks or any kind of review on it? That makes no sense to me.

Regardless, it is possible that the I-129 for K3 is what was returned...the USCIS does have the option of holding back the I-130 for review as well, and not just sending that through to the consulate once approved.

Honestly I cannot say with any degree of certainty that they will cancel the K3 and move forward with the CR1 by reviewing it. They have to either review the K3, or close it due to expiration...by the way you say this letter is written, it sounds like they will review the K3.

In this event if they feel it is necessary to send you an NOIR/NOID, they will. There are some cases where the petitioner does not receive an NOIR/NOID...the case is reviewed and the USCIS sends the petition back directly to the consulate along with a recommendation to issue a visa.

Unfortunately there really is no way for someone like me to determine what they will do in any given case. You could hire an immigration attorney and contact your congressional representative to attempt to find these things out for you. It is possible for a lawyer and/or congressional rep to find out exactly what is going on with both cases.

~kiyah~

i calleed uscis they told they cant tell any thing because they doing background check. DOS cant tell anything advised to wait for uscis reply. congressman , cant tell anything advised to wait for uscis reply. he already sent letter to uscis but uscis not even reply congressman

================================================================

U.S. Citizenship and Immigration Services

Monday, May 4, 2009

Emailed to =======

Dear M. Singh:

On 05/01/2009 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:

-- Applicant or Petitioner

Attorney Name:

-- Information not available

Case type:

-- I130

Filing date:

-- 09/21/2007

Receipt #:

-- WAC-8888888(130)

Beneficiary (if you filed for someone else):

-- Singh, Rajesh

Your USCIS Account Number (A-number):

-- 8888888

Type of service requested:

-- Expedite

The status of this service request is:

I-130 WAC888888888

I-129F WAC88888888

Thank you for your inquiry regarding the above listed petitions. Your petitions were returned to the California Service Center (CSC) by the Department of State/Consulate for further review and was received on February 27, 2009.

The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for a decision, as the required investigation into your background remains open. Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within six months of this letter, you may contact us by calling the USCIS National Customer Service Center at 1-800-375-5283.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

any body have idea about this

[Natashas_eyes 0]

WE were in AP and suddenly returned and we do not know why. Instead of waiting, can we simply apply again?

I would agree, but I think it might be a good sign that they mentioned the expiration in the letter.

The problem is that they should be able to call the call center and ask what to expect next, but they aren't trained on returned petitions. When I called about ours they had no idea what I was talking about.

I hope this is a good sign. I would be interested to see what step you were on in the I-130. If it has already made it to the NVC, and they are requesting you to follow the steps I would do it. But this is the tricky part. When it makes it back to the consulate you had better be prepared to give them some sort of proof that is going to address the reason the K-3 was denied. If not you can expect the same thing to happen with the CR1.

Take this very seriously. A denied CR1 is extremely time consuming. If you can figure out what went wrong you can turn this around before it goes there.

[tammy2688 1]

Hello,

I am sorry for your case, no applying again will not "erase" the case return, all such records are kept an you will hit another road block later. Let the process take place, submit any documents requested and meanwhile keep all pictures, documents, evidence of relationship organized.

God bless,

Tam

[h afifi 0]

Hi every one

i had my interview for CR1 and then they put me in AP then they sent my case back to uscis

i dont know what this mean ? and when we call UScis they say give us time to revew it ( 120 days )

what have i to do ?

[emran 1]

what if the petition is sent back to uscis by the NVC for "review" without an interview or even before the i864 bill?

[Cathi 5,696]

what if the petition is sent back to uscis by the NVC for "review" without an interview or even before the i864 bill?

this thread is from 4 years ago