2 years since denial - no review yet

[Afrilaskan Queen 0]

I am curious if anyone here who was denied a visa for their fiance or spouse that have been reviewed in the US and had their case returned to the Consulate.

We're about 2 years out with no movement since our denial. We should be coming up to the review soon.

If so I wondered what was involved in your rebuttal. I realize it's countering the reasons for the denial, were you given a letter about why you were denied? We've never found out why. Yes, we have a lawyer and made strong solid guesses. The lawyer we have is using the rebuttal to concentrate on our strong relationship evidence. I wonder if that is how your rebuttal was presented or if you found legal reasons the findings were inaccurate.

Our denial was the "not enough evidence of bonafied relationship." So for last two years just gathered the weekly/daily phone records, my travel to my husband/pictures etc.

How does it compare to your own? I also wonder what happens when you're revoked. I just can't imagine it. I feel in shock as is my family and friends and my hubby's - our relationship is grounded and close, our families know each other.

Our lawyer who cares and knows our case in and out that will give our info and evidence for review. I just wondered how it was handled by different lawyers or families. Because of the time wait I've gone through periods of wondering if we needed a different lawyer because some of our circumstances seem so odd.

Like our I-129 that was denied was expired by the time my husband interviewed but not revalidated and they just told us it expired just not long ago. We also got a go - a letter from CIS saying our I-130 was headed to NVC and then they said no that the embassy had held it for that whole year and so they were going to need another 12 months at most to look at the I-130 and review it. He never interviewed for the I-130 but it was approved at the same time as the I-129

It has been nearly 2 years since our denial. We've been together about 5 years now.

Has anyone been reviewed and then reapproved and their case sent back to NVC and onto the consulate? What happened?

Any information from those who are denied and are years out from that - would appreciate. I love my husband and my family so much, I feel ill daily, I think it's affected my health. Last time we had to part at the airport I just felt torn and broken, I didn't know how to do that again. To do that once more in the future or repeatedly - I just feel weary. I would like to have my husband with my family here for special occasions. I know in my heart the truth will set us free, the evidence is all here - just waiting to find it's way to the desk of someone that will look at our case at immigration.

Yes, we have senator's involved. I don't know what else to do. What if we do this wrong and we're separated indefinitely?

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[byran910 0]

I am curious if anyone here who was denied a visa for their fiance or spouse that have been reviewed in the US and had their case returned to the Consulate.

We're about 2 years out with no movement since our denial. We should be coming up to the review soon.

If so I wondered what was involved in your rebuttal. I realize it's countering the reasons for the denial, were you given a letter about why you were denied? We've never found out why. Yes, we have a lawyer and made strong solid guesses. The lawyer we have is using the rebuttal to concentrate on our strong relationship evidence. I wonder if that is how your rebuttal was presented or if you found legal reasons the findings were inaccurate.

Our denial was the "not enough evidence of bonafied relationship." So for last two years just gathered the weekly/daily phone records, my travel to my husband/pictures etc.

How does it compare to your own? I also wonder what happens when you're revoked. I just can't imagine it. I feel in shock as is my family and friends and my hubby's - our relationship is grounded and close, our families know each other.

Our lawyer who cares and knows our case in and out that will give our info and evidence for review. I just wondered how it was handled by different lawyers or families. Because of the time wait I've gone through periods of wondering if we needed a different lawyer because some of our circumstances seem so odd.

Like our I-129 that was denied was expired by the time my husband interviewed but not revalidated and they just told us it expired just not long ago. We also got a go - a letter from CIS saying our I-130 was headed to NVC and then they said no that the embassy had held it for that whole year and so they were going to need another 12 months at most to look at the I-130 and review it. He never interviewed for the I-130 but it was approved at the same time as the I-129

It has been nearly 2 years since our denial. We've been together about 5 years now.

Has anyone been reviewed and then reapproved and their case sent back to NVC and onto the consulate? What happened?

Any information from those who are denied and are years out from that - would appreciate. I love my husband and my family so much, I feel ill daily, I think it's affected my health. Last time we had to part at the airport I just felt torn and broken, I didn't know how to do that again. To do that once more in the future or repeatedly - I just feel weary. I would like to have my husband with my family here for special occasions. I know in my heart the truth will set us free, the evidence is all here - just waiting to find it's way to the desk of someone that will look at our case at immigration.

Yes, we have senator's involved. I don't know what else to do. What if we do this wrong and we're separated indefinitely?

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I am in the same process ,but i need you to give details of when the I-129 and the I-130 was filed . You don,t have to wait two years to have your petition reviewed and the embassy cannot hold your I-130 for 12months . There alot of things you can do right away than wait and i am will to help you once you respond

[Afrilaskan Queen 0]

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I am in the same process ,but i need you to give details of when the I-129 and the I-130 was filed . You don,t have to wait two years to have your petition reviewed and the embassy cannot hold your I-130 for 12months . There alot of things you can do right away than wait and i am will to help you once you respond

Hi, Thanks for your responce. I am interested - you said you are in the same process. You asked when our petitions were filed. You mean originally?

I filed the I-130 in.. mid-2007, and in late 2007 our lawyer filed the I-129.

They were approved the same day early in 2008.

Our interview was in 2008.

I really doubt the embassy did hold our file for 12 months. It's a long story. One that I'm trying to figure out. It doesn't seem to be something our lawyer wants to pursue. The senator contacted CIS about our file in the last week. The lawyer believes we'll be reapproved. after all that has occurred and been mishandled I feel hesitant to believe that's true, but I hate to be unhopeful either.

Our interview was for the I-129, in summer of 2008 was the interview.

And it was one year later in May 2009 that our I-130 was returned by CIS by NVC/the Consulate....

I am certain the consulate did not hold our I-130. I had no knowledge that they ever had it

So our I-129 came back to the US pronto after the interview .. The senator tried to reverse it before it ever left the consulate because of problems in the interview. So they were very expedient in returning our file back to you US within 2 weeks. And they held onto our I-130 - I don't think so, I have no material proof ever entered NVC or the consulate - ever. that separate number doesn't exist in NVC system. I never got the AOS fees. This seems significant to me since now they're reevaluating whether to reapprove our I-130 based on the I-129 interview.

Of course I am praying as more information is looked into that we are just reapproved. But we have waited this year and a half to get any information from California about our case being reviewed. I got the letter that said the I-129 had expired and could reapply. But I already knew this. I had discovered through some research and talking one time to a different lawyer that this was the case.

I am anxiously awaiting your information. I hope you followed all of this information I gave you.

[NigeriaorBust 4,087]

You have followed up on the I 129 and it is expired , what was the response to your last service request on the I 130 case number and when did you make it ? Have you contacted an Ombudsman yet ? Nigeria is an evil consulate to deal with and bend the rules all the time.

[byran910 0]

You have to know the whole process and that very petition filed has a time line . A returned I 130 petition take average of ten months to be reviewed and adj . Since it is over a year ,you should contact (CIS Ombudsman Form DHS-7001) at http://www.dhs.gov/files/programs/editorial_0497.shtm and file out that form . They would check to verify why your petition has not being processed . What was the reason the two petition were returned and what is the status online on the uscis web site . You have to be persistent and keep calling the uscis and researching your case. When u Call the uscis number with I 129 and I 130 what is the status of your case .

[Afrilaskan Queen 0]

You have to know the whole process and that very petition filed has a time line . A returned I 130 petition take average of ten months to be reviewed and adj . Since it is over a year ,you should contact (CIS Ombudsman Form DHS-7001) at http://www.dhs.gov/files/programs/editorial_0497.shtm and file out that form . They would check to verify why your petition has not being processed . What was the reason the two petition were returned and what is the status online on the uscis web site . You have to be persistent and keep calling the uscis and researching your case. When u Call the uscis number with I 129 and I 130 what is the status of your case .

Hi bryan910, I am wondering - you said I should contact the omsbudsman, I've thought of it before but I thought also that since the senator's office is doing the same thing did I not need to contact the omsbudmans. The office is supposed to hear information this week I wonder if I should go ahead and contact the omsbudsman anyhow.

I appreciate you mentioning this. I've thought of it but our lawyer hasn't thought it necessary. You say a RETURNED petition takes 10 months to be reviewed. It is 9 months since that file was returned. BUT it was a year prior to that file being returned that our interview occurred. That is why I say they had our case 12 months and then returned it to CIS (supposedly) and that's the added 9 months tacked on.

I've kept calling uscis. I've talked to supervisors even. I've only ever received one piece of paper regarding our I-130 since that interview nearly two years ago. That notice said that petition was going to NVC. But that did not happen. The standard 90 days came and so I contacted and researched and someone at CIS said the paper was incorrect and we were not reapproved.

I have a question - everyone asks about the "service order" I last received. What is that?

My status has remained exactly the same online and on the phone for the past two years. If our review is in process or has finally come about it is now my concern that our review and reapproval be handled correctly. Any suggestion?

I really appreciate your responce. May I ask, you said you are in the same position - how long has your review been going on?

[Afrilaskan Queen 0]

You have followed up on the I 129 and it is expired , what was the response to your last service request on the I 130 case number and when did you make it ? Have you contacted an Ombudsman yet ? Nigeria is an evil consulate to deal with and bend the rules all the time.

Hi NigeriaorBust,

Thanks for your responce as well. I assumed since the senator's office has checked the status of our case many times and has again this last week that I did not need to contact the Ombudsman - is that a false idea?

Also I will feel like an idiot - I posted it in my last post. I am wondering what the "service request" is? is it formal? If I think I know what you mean - the senator's office was told that it was apprx. 6 months to process and review a returned I-130, that was May 2009. The lawyer anticipated contact in October. So when December arrived that is why the Senator has now contacted again.

Perhaps things are being handled the way that they can?? There has just been so many off the wall problems

The ONLY paper I have received on the I-130 was in the summer that our case was sent to NVC. After the standard 90 days I called and stated it was not there and that's when I found out the I-130 did not go to NVC.

Thanks for following up and sharing your thoughts...

[Afrilaskan Queen 0]

The only other detailed information I could think to give you is that the responces received have been to the senator's office.

The first email stated a standard 12-24 month wait. We were all surprised as the senator had reasons solid valid reasons to expedite us.

Later we found info that could expedite matters.. based on more information. At that time we were given a 6 months wait and informed that although it had been 1 year the other petition - the I-130 had just been returned and that needed now to be reviewed and the standard wait time was 6 months.

The time passed. Now 9 months and the senator has contacted again.

You said to be persistant and keep calling uscis. Do you mean keep calling the supervisors or the standard customer service people?

[NigeriaorBust 4,087]

I am a K1 so I don't exactly know the I130 process. Did you pay all the fees at the NVC for the 130 and if so when ? Are you sure the I130 has been considered abandoned ? You need to find the I 130 I am not sure if you can file another 129 if the 130 has been approved. Don't count on anyone at this moment track it down yourself.

[Afrilaskan Queen 0]

I am a K1 so I don't exactly know the I130 process. Did you pay all the fees at the NVC for the 130 and if so when ? Are you sure the I130 has been considered abandoned ? You need to find the I 130 I am not sure if you can file another 129 if the 130 has been approved. Don't count on anyone at this moment track it down yourself.

Hi NigeriaorBust,

I never paid fees to NVC. That is how I am certain our I-130 went there. However our lawyer didn't push that issue on CIS. I am sure the I-130 is not considered abandoned. It is CIS that says they've been reviewing it to decide to revoke/deny - reapprove, etc. I guess I am wondering if it's significant that NVC never sent the I-130 back to CIS. What if CIS had it all this time? I have in writing that NVC never had that case number. But if CIS had it all of this time, why would they do this to us? Why would they lie and say it was at the consulate when it was never at NVC? And if it wasn't is it significant and how would I go about tracking it down? I did the FOIA and am still in waiting.

All of this makes me panic a bit when I think that they will possibly revoke us. It just doesn't sound right. I don't know why the lawyer hasn't pointed it out, perhaps there is no point. They claim to have the I-130. However I had called CIS and been tracking down the I-130 when I realized that it was MIA. It was just after I contacted NVC and found that they never had our I-130 that suddenly CIS said that month they had JUST received the I-130 after it sat at the Consulate for a year??

I feel like if I can get to the bottom of this it will be of help. The lawyer we have said we may never know the "consular's findings" from the interview. Is that true?

That comment and the lawyer's not knowing our I-129 was expired and not validated is what has made me question whether they are looking and doing things correctly because otherwise have been really good to deal with. I also was the one who did some calls that found out the I-130 had indeed not existed at NVC.

This is our life though. I want to be sure nothing is missing and nothing has gone bad. We don't want to have kids until we're together and our life is on hold. I don't want to risk anything. If I need to contact the ombsbudsman or get new legal advice I will have to. We're out of money but I can try.