Returned K-1 Petition by Consulate is again returned by NVC to the Consulate

[isitasham 1]

Once the Consulate had returned our K-1 petition to the NVC, I had responded with a rebuttal to the NVC and DHS. I just received an email response from NVC

They say they have reviewed my petition and completed its processing and sent the petition to US consulate. I am a little confused -- I was under the impression that NVC after its processing of returned petitions would send the petition to DHS (service center)? Are there instances when the NVC sends the petition back to the consulate or is it a mistake where NVC intedended to say DHS but said consulate instead?

Any comments or help would be appreciated.

Thanks!

Would appreciate your input. If in fact the NVC sent the petition back to the consulate what does it mean in terms of the decisioning?

[Inky 1,110]

Why would they send it to dept of homeland security service center?

Embassy/ consul is the only place to approve and issue visas? is it not?

[Twisted K 2]

this could be one of 2 things. either nvc is referring to the original petition, or they have actually accepted your rebuttal. the best and fastest way to find out is to call and speak to an operator. 603-334-0700, 1 for english, and 5 to speak to an operator. you can call from 7:30am-12 midnight eastern to speak to an operator.

[Minya's wife 24]

Once the Consulate had returned our K-1 petition to the NVC, I had responded with a rebuttal to the NVC and DHS. I just received an email response from NVC

They say they have reviewed my petition and completed its processing and sent the petition to US consulate. I am a little confused -- I was under the impression that NVC after its processing of returned petitions would send the petition to DHS (service center)? Are there instances when the NVC sends the petition back to the consulate or is it a mistake where NVC intedended to say DHS but said consulate instead?

Any comments or help would be appreciated.

Thanks!

Would appreciate your input. If in fact the NVC sent the petition back to the consulate what does it mean in terms of the decisioning?

It means your petition has been re-affirmed and it is going to back to the consulate, where eventually your fiancee will interview again for the K-1 visa. Same rules apply, only this time you'll probably have a lot more evidence to supply to the consulate to overcome the initial reasons for the denial. What was the reason for the initial denial?

[Peace be still 6]

I am praying that it's good news for you and that they realize some idiot made a mistake in doubting your feelings for your beloved.

[Starlight95 1]

This could be good news. Maybe after your response they reviewed your case again. From what I have been reading that when it gets to USCIS it takes much longer to get it reaffirmed. This is actually even faster. I am praying its good news. Hang in there

Star

[isitasham 1]

Thanks everyone for the response. I just called the NVC and talked to someone -- Unfortunately, its not good news. When they say that the case has been sent back to the consulate, they mean the original petition which was sent to the embassy in March 2009. They are responding to my rebuttal email but are giving me that 8 month old news............. talk about efficiency. The person I talked to said it could have been a mistake as they may not have understood my email............. very scary.

The US consulate sent back my petition on Oct. 21, its been now 29 days and the returned petition has not reached the NVC yet. Is that usual? The person at NVC told me it could take longer sometimes. Its upto the consulate so NVC has no idea.

At this pace it could be a long wait and I cannot take further action to refile K-1.

Thanks!

[Twisted K 2]

yeah, that is what nvc did to us. gave us the old news. ours was sent back on december 29, 2008, and arrived at uscis pn 2/4/09

[sara..... 371]

Thanks everyone for the response. I just called the NVC and talked to someone -- Unfortunately, its not good news. When they say that the case has been sent back to the consulate, they mean the original petition which was sent to the embassy in March 2009. They are responding to my rebuttal email but are giving me that 8 month old news............. talk about efficiency. The person I talked to said it could have been a mistake as they may not have understood my email............. very scary.

The US consulate sent back my petition on Oct. 21, its been now 29 days and the returned petition has not reached the NVC yet. Is that usual? The person at NVC told me it could take longer sometimes. Its upto the consulate so NVC has no idea.

At this pace it could be a long wait and I cannot take further action to refile K-1.

Thanks!

i believe it is sent back to the service center then they either give it approval again and send it to nvc or they let it die because the date has expired on the approval......as far as i know nothing ever goes straight back to nvc on k1

i am praying for you i hope it gets worked out soon

sara

[isitasham 1]

Thanks everyone for the response. I just called the NVC and talked to someone -- Unfortunately, its not good news. When they say that the case has been sent back to the consulate, they mean the original petition which was sent to the embassy in March 2009. They are responding to my rebuttal email but are giving me that 8 month old news............. talk about efficiency. The person I talked to said it could have been a mistake as they may not have understood my email............. very scary.

The US consulate sent back my petition on Oct. 21, its been now 29 days and the returned petition has not reached the NVC yet. Is that usual? The person at NVC told me it could take longer sometimes. Its upto the consulate so NVC has no idea.

At this pace it could be a long wait and I cannot take further action to refile K-1.

Thanks!

i believe it is sent back to the service center then they either give it approval again and send it to nvc or they let it die because the date has expired on the approval......as far as i know nothing ever goes straight back to nvc on k1

i am praying for you i hope it gets worked out soon

sara

Thanks for the response.

I was under the impression that the returned petition by CO goes to NVC (they check for fraud if any) then forwarded to DHS/USCIS service center. USCIS reviews it and informs the petitioner and if re-affirmed then flows back again through the same channel as the return.

Thats how I understood it but could be wrong? Of course the petition had already expired (past 4 months) while it was as the consulate and they never renewed it -- its at CO's discretion if they want to renew it.

Thanks.

[Gary and Alla 3,694]

Once the Consulate had returned our K-1 petition to the NVC, I had responded with a rebuttal to the NVC and DHS. I just received an email response from NVC

They say they have reviewed my petition and completed its processing and sent the petition to US consulate. I am a little confused -- I was under the impression that NVC after its processing of returned petitions would send the petition to DHS (service center)? Are there instances when the NVC sends the petition back to the consulate or is it a mistake where NVC intedended to say DHS but said consulate instead?

Any comments or help would be appreciated.

Thanks!

Would appreciate your input. If in fact the NVC sent the petition back to the consulate what does it mean in terms of the decisioning?

yes, this happens. The consulate questioned the approval of the petition. They sent it back to NVC who checked whichever thing they had an issue with. I presume the NVC and/or USCIS was satisfied the petition approval was correct and sent it back to the counsulate with a note..."Thanks for trying to do our job for us, but we know what the hell we are doing, so now just do your job!" or something to that affect.

You will now schedule another interview and apply for the visa again.

Thanks everyone for the response. I just called the NVC and talked to someone -- Unfortunately, its not good news. When they say that the case has been sent back to the consulate, they mean the original petition which was sent to the embassy in March 2009. They are responding to my rebuttal email but are giving me that 8 month old news............. talk about efficiency. The person I talked to said it could have been a mistake as they may not have understood my email............. very scary.

The US consulate sent back my petition on Oct. 21, its been now 29 days and the returned petition has not reached the NVC yet. Is that usual? The person at NVC told me it could take longer sometimes. Its upto the consulate so NVC has no idea.

At this pace it could be a long wait and I cannot take further action to refile K-1.

Thanks!

i believe it is sent back to the service center then they either give it approval again and send it to nvc or they let it die because the date has expired on the approval......as far as i know nothing ever goes straight back to nvc on k1

i am praying for you i hope it gets worked out soon

sara

Thanks for the response.

I was under the impression that the returned petition by CO goes to NVC (they check for fraud if any) then forwarded to DHS/USCIS service center. USCIS reviews it and informs the petitioner and if re-affirmed then flows back again through the same channel as the return.

Thats how I understood it but could be wrong? Of course the petition had already expired (past 4 months) while it was as the consulate and they never renewed it -- its at CO's discretion if they want to renew it.

Thanks.

Sometimes that happens, sometimes this happens. THIS is better for you. Be happy

[Gary and Alla 3,694]

Thanks everyone for the response. I just called the NVC and talked to someone -- Unfortunately, its not good news. When they say that the case has been sent back to the consulate, they mean the original petition which was sent to the embassy in March 2009. They are responding to my rebuttal email but are giving me that 8 month old news............. talk about efficiency. The person I talked to said it could have been a mistake as they may not have understood my email............. very scary.

The US consulate sent back my petition on Oct. 21, its been now 29 days and the returned petition has not reached the NVC yet. Is that usual? The person at NVC told me it could take longer sometimes. Its upto the consulate so NVC has no idea.

At this pace it could be a long wait and I cannot take further action to refile K-1.

Thanks!

You can withdraw this petition and file a new one anytime you want. To do so without knowing EXACTLY why it was sent back would be terribly foolish

[Twisted K 2]

no need to withdraw. the petition is expired. we refiled on top of the k1 petition and were approved in less than 3 months. after our noa1 for the i130, uscis, sent our letter stating that it was ok to refile if we so choose. withdrawing a petition could result in them believing we agreed with the consular's findings.

[isitasham 1]

After talking to NVC yesterday (after they had given me 29-day old information), they now responded to my rebuttal saying that they have received my inquiry and that I should direct it to DHS/USCIS. Its really a pathetic state of affairs at DOS - whether its the CO or the NVC.

I still need to find out the exact reason of denial (under FOIA) before I refile even though my petition had expired. Unfortunately, I'll not be able to file for CR-1 as there is not much time left to get the marriage registered, I am thinking of re-filing for K-1 again. Any comments or suggestions? The only thing that scares me is the 4-month validitiy of the K-1 petition.

Had anyone refiled for the K-1 the second time and been approved? Generally, the K-1 filers refile as CR-1.

Thanks!

[Starlight95 1]

After talking to NVC yesterday (after they had given me 29-day old information), they now responded to my rebuttal saying that they have received my inquiry and that I should direct it to DHS/USCIS. Its really a pathetic state of affairs at DOS - whether its the CO or the NVC.

I still need to find out the exact reason of denial (under FOIA) before I refile even though my petition had expired. Unfortunately, I'll not be able to file for CR-1 as there is not much time left to get the marriage registered, I am thinking of re-filing for K-1 again. Any comments or suggestions? The only thing that scares me is the 4-month validitiy of the K-1 petition.

Had anyone refiled for the K-1 the second time and been approved? Generally, the K-1 filers refile as CR-1.

Thanks!

Maybe they will reaffirm your K-1 petition. I would check that out with other members with similar experience. You still have a chance.

Edited November 21, 2009 by Starlight95