Should I worry about this?

[Johnny G 0]

I have received this status about my case:

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: This case has been received from the State Department with a request we review it.

On June 18, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

For those whom have had the same status notice: How long does this usually take to complete this part?

Thanks for your support!

Johnny

[Bobby+Umit 161]

Looks like they are doing more background checks.

[Johnny G 0]

Looks like they are doing more background checks.

Hello,

From this review. Are they going to determined if it sent to the fraud department or another department?

Thanks,

Johnny

[Bobby+Umit 161]

Looks like they are doing more background checks.

Hello,

From this review. Are they going to determined if it sent to the fraud department or another department?

Thanks,

Johnny

I wouldn't be able to hazard a guess.

If they were sending it to the FPU - they would of stated that in the letter.

[Johnny G 0]

Looks like they are doing more background checks.

Hello,

From this review. Are they going to determine if it sent to the fraud department or another department?

Thanks,

Johnny

I wouldn't be able to hazard a guess.

If they were sending it to the FPU - they would of stated that in the letter.

Thanks

[daboyz 36]

I have received this status about my case:

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: This case has been received from the State Department with a request we review it.

On June 18, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

For those whom have had the same status notice: How long does this usually take to complete this part?

Thanks for your support!

Johnny

That is bizarre. You had your case completed at NVC, and then instead of sending to the consulate, it looks like they sent it back to USCIS. I've never seen that before

[Johnny G 0]

I have received this status about my case:

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: This case has been received from the State Department with a request we review it.

On June 18, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

For those whom have had the same status notice: How long does this usually take to complete this part?

Thanks for your support!

Johnny

That is bizarre. You had your case completed at NVC, and then instead of sending to the consulate, it looks like they sent it back to USCIS. I've never seen that before

It was sent to the consulate. My wife had her interview and the date of the interview she was told that her case has been sent back to United States and no reason was given to her. She did not have the interview. In other words, it was not denied nor approved.

[JimVaPhuong 4,863]

I have received this status about my case:

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: This case has been received from the State Department with a request we review it.

On June 18, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

For those whom have had the same status notice: How long does this usually take to complete this part?

Thanks for your support!

Johnny

That is bizarre. You had your case completed at NVC, and then instead of sending to the consulate, it looks like they sent it back to USCIS. I've never seen that before

It was sent to the consulate. My wife had her interview and the date of the interview she was told that her case has been sent back to United States and no reason was given to her. She did not have the interview. In other words, it was not denied nor approved.

Ok, people on this forum frequently refer to that as "denied by the consulate". Technically, the consulate doesn't have the authority to deny a visa application when the petition was approved by USCIS. The only thing they can do is send it back to USCIS with the recommendation that it be denied or revoked. This is what they did in your case. The consulate (which is part of the Department of State) has sent your petition back to USCIS.

If you're lucky, then USCIS may re-affirm their original approval, and send the petition back to the consulate. However, this only happens if the consulate dropped the ball and didn't make their case sufficiently when they returned the petition to USCIS. More likely, USCIS will side with the consulate, and you'll receive a notice that your petition is going to be canceled.

What you have to do is watch the mail, and check with USCIS on the status of your case. They sometimes don't send the notices when they're supposed to, especially if the petition is going to be canceled. If you get a notice that they've re-affirmed the petition and that it's going back to Department of State, then you can expect another interview at the consulate. If you get a "Notice of Intent to Deny" (NOID) or "Notice of Intent to Revoke" (NOIR) then your petition is likely to be canceled.

Whatever you do, DON'T ignore the NOID or NOIR notice. Respond to it, and refute whatever their findings were. If you don't, then there's a chance that a finding of material misrepresentation could be entered into your fiancee's record, and she could be permanently barred from ever entering the US.

There's a great article by Marc Ellis, a well known immigration lawyer in Vietnam, about how this sort of thing happens, and how to respond to it. It's an interesting read:

http://www.ilw.com/articles/2006,0323-ellis.shtm