What to do if your case is being sent back

[feelinglucky 1]

I have just gotten of the phone with NVC. When i first called the operator, i could tell she was ready to go home for the day. I asked to see the status of my petition pretending not to know my self. I did this for 1 reason. I wanted her to make a effort to repeat my intitial dates from when it first arrived(first approved) to when consulate reports that it is sending back. They do have this info, because i had called earlier in the month. Her freaking reply was it pending(know full well i have already been denied). I immediately question her statement, but she cut me off and repeated it pending "think i didnt hear her the first time, or that i was an idiot and didn't know the meaning of the word pending". So i knew right away this was going to be like pulling teeth out. I replied with a STIFF statement. I said, "Mamm I would apriecated if you would let me finish asking my question instead of cutting me short". Their was a breif silence, I thought she was going to hang up on me. But then she replied. " this case is in our other department i will transfer you". she musr must have looked further down her screen. Lesson 1 dont accpet their answers unless you are statisfied, they have made an effort on your behalf. (you are fighting for your love one aboard). After being transfer i spoke to a girl she was white (first operator was black). *Note: I make no inferences or admit any prejudace, only my observation. She was very polite and cordual something rare nowadays. She aked me for the petitions and beneficary info to verfied. Then stated the dates of when it was received and left from NVC. (detail in my time line). Afterwards I went back and analized my dates it took almost to 2 months to reach NVC. Lesson 2 all petitions pending review for revocations must me be process first by NVC (state department). They will only keep it for short time to log potential fraud cases for the data base, Dont assume like me and many other that it goes straight to USCIS for review. *note: consulate will not only discourge you from contacting NVC, but will not write any down on papers stating its path of travel. In addition, I also had sent an e-mail to NVC.( NVCInquiry@state.gov), in June 03. In my e-mail I state my reason for why the outcome of my case is being sent back and asked if they would be able to follow up on it since it been awhile since consulate stated it was sent. *note: In subjuct line insert Attention: Fraud Manger Dept. your case #. This is because all cases that deem to be fraud from consulate are sent to this dept. on their coverletter with your case. Looking back I assumed that where the 1st operator transferd me to. I didnt expect a response until when i check my e-mail today. It just said all futhur inquries should be sent to USCIS. Nothing special, very breif. but because of that trivial piece of mail, it got my wheels turning inside my head. So that why i called NVC again today. Looking at my timeline you will notice that my petition was received the very next day after my initial e-mail on the 3rd. the timing of that is just to crazy. My opioion is that it was their for awhile just collecting dust. My e-mail to that dept. must have reach someone with a good heart and took action on it. If i only had e-mailed them sooner i might not have lost this much time.( but that only my speculation) no evidence. So if your still waiting to hear for USCIS check first if it has cleared NVC. my suggestion is call first to see records of the date it was coming back from consulate all these date will be availble, and fianlly if it is in another dept. *Note: might not show that fraud dept. has the file in the system until Fraud Dept. touches it first. That when you will play your e-mail card. Then go ahead and e-mail them, wait one week and follow up. I hope you will get the same results.

All facts stated my me can be found on travel.state.gov, I gave a link to the F.A.M (bible that the CO lives by) most of your codes for denial and actions are hear, along with procedure that the CO must take, after a decision for revoke and review has been reached. http://www.state.gov/m/a/dir/regs/

My case has to 2 codes both i think are conjuntion codes : 9 FAM 41.81 N6.5 & 42.43 N2.2 p.s. read all subheading that pretain to your code

also , look at code 42.43 N10.1 this might help your case if you just cant wait any longer and want to refile like me, i do not know for sure if the is stated rule is good enough to bypass an apeal, but i plan to bring this rule up if any gives me beef. Please reply with any other usefull things you find from NVC and post her. Also, i would like suggestions on how to prevent if possible any protential delays once it received by USCIS pending review.

*notes: all statements, coments and suggestion ( subjective or suggestive )by me were merely made out of desperation, i do not claim to have any legal or immigration backround. Therefore under section 9 of the #######....ooooP, penial code. You can kiss my #### (saying in a polite way)

Good luck to me,and too, and too our loveones aboard, and God bless us all

[Ban Hammer 13,355]

moved from K-1 Fiance(e) Visa Case Filing and Progress Reports to Waivers (I-601 and I-212) and Administrative Processes (221g)