Case sent back to Washington... What do we do Now?

[love is great 0]

We applied for the K-1 fiance VISA and Houcine went for the interview March 30th,Casablanca. The officer that interviewed him was very disrespectful and rude to him. He was asked then to come for a second interview, submitt more evidence of the relationship, called for a third interview today and was told by the same officer that she was sending his case back to Washington. I have sent numerous emails and called the embassy last week and actually got to talk to this officer. She was very defensive and would'nt answer the question of why she was keeping our case pending. At todays interview which was the 3rd one, she again showed him no respect and accused him of lying. We need some help. What happens Next, where does the case actually go? And when it gets there what do they do with it?

Help Anyone

[catknit 144]

I'm betting a mod will be moving this to either MENA or to the Waivers and AP forum.

Start by reading this sticky in MENA - around page 10 it gets into specifics:

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

Also, read this:

http://immigrate2us.net/forum/showthread.php?t=32734

Get in touch with your congressman/woman and senators.

Right now your goal is to keep the case there and try to get it reopened/readjudicated....

There are a handful of us who've are going thru this or have come thru it [some with Morrocan fiances/husbands]. I'm sure they will be more than happy to chime in...

[Ban Hammer 13,342]

mods aren't the only ones that can move........

moved from ot to mena.

[catknit 144]

Sorry Charles ! You'd think I'd know that by now!!!

[mahboula 11]

Hi. So sorry this is happening to you. I don't have much experience with this , but from what I've read on these forums, I would say first you need to try to keep the case at the consulate level(try to stop it from being sent back). I've read that keeping it there gives you a better chance...I'm sure others will be along to help soon, but for now, keep reading. There are similar stories on here and you can find alot of information that way as well.

[mahboula 11]

Also, there is a topic pinned at the top of this forum about returning petitions to the US via 221g. It's long, but it contains a ton of useful information.

[~kiyah~ 14]

I am so sorry this has happened to you. Please know that you are not alone, there are many of us this has happened to and most of us have made it through the return process.

There are many of us on VJ who have been through the return process, and have spent several years researching and documenting the process through the personal experiences of ourselves and others. Here is a direct link to a good portion of this documentation: ~ Returns & Refusals...What They Don't Tell You ~ ...this is also a prem link in my signature below. There are also other links to articles in my signature below that I absolutely recommend you read.

It is quite possible that since you actually got through to the consulate and spoke directly to the CO who interviewed your fiance that your chances of stopping the return are slim...this doesn't mean you shouldn't try. There are a few I know of that were able to stop the return before it left the consulate. However, once it actually leaves the consulate the Department of State cannot rescend the return...this leaves a small window of opportunity to have the file reviewed before it is sent back.

I recommend contacting your senator/congressman to assist you in this, there are links in the documentation to find out who your senator/congressman is and how to contact them if you don't already know.

Read the link I pasted above, as well as read the articles linked in my signature. They will give you a better understanding of what you can do now, and what you can expect if the file is returned. The articles will shed some light on why this is happening to many people...aside from particular consulates being high fraud posts, which Casa is.

PM me if you need more information.

~kiyah~

[msheesha 548]

There was a woman on here who had the same situation - her case was going to be sent back. You have to stop it there. Email and ask for the superior. Put everything in writing, and try to call to get thru that way as well. Bombard the office with evidence - faxes, emails, all documenting your relationship. I think the woman had everyone she knew write letters, got the politicians involved, etc. Good luck.

[Leyla 0]

Usually sending a case for processing in Washington is a good thing. It may take a little time but it will all work out in the end.

I don't know why the officer was so mean. Thats strange... I pray that she was only PMSing and the Administrative Processing will go smoothly.

[Brian and Dona 0]

The ir1/cri visa for my wife was sent back after they failed her interview. I was told that they will send a NOID(notice of intent to deny) and I would get a chance of submitting additional information to rebut the consolate, but after two years of the case just sitting there, I got nothing. I sent at least 3 letters, called repeatedly, but got no response. I sought the advice from lawyer and they said to refile and appear in person at the interview, which I plan on doing. Let me see them play the same games when I am present with a 6 inch stack of papers in front of them.

Edited April 22, 2009 by Brian and Dona

[~kiyah~ 14]

Usually sending a case for processing in Washington is a good thing. It may take a little time but it will all work out in the end.

I don't know why the officer was so mean. Thats strange... I pray that she was only PMSing and the Administrative Processing will go smoothly.

Administrative processing is completely different that returning a file for review, their file is being returned for review by the USCIS, not Administrative Processing. Returning a petition/application for review is a quasi refusal to issue a visa...pending the review by USCIS.

Due to the expiration of approval after 90 days K1 petitions are at the most risk when it comes to returning them...many never get reviewed because the USCIS lets them expire. This all depends on the service center handling the case. Many returned to Vermont sit for longer than a year before being looked at. Just refiling without knowing details of why the K1 was returned in the first place and not getting closure to a returned K1 before foling again can be very risky.

~kiyah~

[~kiyah~ 14]

The ir1/cri visa for my wife was sent back after they failed her interview. I was told that they will send a NOID(notice of intent to deny) and I would get a chance of submitting additional information to rebut the consolate, but after two years of the case just sitting there, I got nothing. I sent at least 3 letters, called repeatedly, but got no response. I sought the advice from lawyer and they said to refile and appear in person at the interview, which I plan on doing. Let me see them play the same games when I am present with a 6 inch stack of papers in front of them.

You cannot just refile a CR1, especially if the original CR1 is pending review from a recommendation to revoke a petition, and the CR1 which is an immigrant petition never expires so the same rules do not apply to its' original approval as the K1 and K3 which are non-immigrant petitions. I would speak to an immigration attorney who has proven experience with returned/denied petitions and applications who can give you real advice and has factual knowledge of the return process.

If your CR1 has been sitting waiting for a review for over 2 years, I would start with contacting the USCIS Ombudsman , especially if you have had a congressional/senate contact the USCIS on your behalf.

~kiyah~

...edited for typo

Edited April 22, 2009 by ~kiyah~