Question about AP

[Brian and Dona 0]

Hello,

I will give a brief explanation of my case and I will request anyone's help, so bear with me while I give a history of our case. My wife's visa was denied because of claimed relationship with petitioner for immigration only in September 2006, was sent back to USCIS and sat there for over two years. And in September 2009 the USCIS issued a notice of intent to deny. In the time while we were waiting for our chance to submit evidence, I had visited 3 times, and showed continous contact via chats, texts and phone calls. I had submitted over four years worth of phone bills, cards, letters, emails, chats, remittances, and proof of my visits. The whole packet weighed in at 9 pounds when mailed. Our case was reaffirmed in November 2009. And it was sent to NVC for the standard processing.

Now comes to the interview. My wife Just had the interview on April 12, 2010. She submitted even more evidence that was not part of my rebuttal. After the primary interview with the CO she was placed on AP, they kept her passport but reffered our case to the fraud prevention unit, and was told to return 3 days later. After the interview with the FPU, they still have her passport, but upon returning home from the embassy, the wife has discovered that someone where already investigating and asking questions. I am shocked that the US government would act so fast. The wife told me that last time after the interview with the FPU, they gave her back the passport, where after 8 weeks on AP,then they ultimately sent the official denial letter and stated the case was being returned back to the USCIS. USCIS has a standard processing procedure that states that the CO must adjudicate the petition to completion or find new evidence that was not previously considered. My wife was told to submit her batismal record as well.

So my questions is, is a a good sign that after two interviews they still have the passport? Or am I setting myself up for a fall, because they doesn't mean anything? And am I correct in that the CO must use the procedures that is set in place? Because the CO told my wife that they can make their own rules, which I find hard to believe.

Thanks in advance for anyone's input!!

Below is the information that I have found from USCIS:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=6b3e9c337879d110VgnVCM1000004718190aRCRD&vgnextoid=aa7e89ce45c80210VgnVCM1000004718190aRCRD

[coraliesolms 47]

Hello,

I will give a brief explanation of my case and I will request anyone's help, so bear with me while I give a history of our case. My wife's visa was denied because of claimed relationship with petitioner for immigration only in September 2006, was sent back to USCIS and sat there for over two years. And in September 2009 the USCIS issued a notice of intent to deny. In the time while we were waiting for our chance to submit evidence, I had visited 3 times, and showed continous contact via chats, texts and phone calls. I had submitted over four years worth of phone bills, cards, letters, emails, chats, remittances, and proof of my visits. The whole packet weighed in at 9 pounds when mailed. Our case was reaffirmed in November 2009. And it was sent to NVC for the standard processing.

Now comes to the interview. My wife Just had the interview on April 12, 2010. She submitted even more evidence that was not part of my rebuttal. After the primary interview with the CO she was placed on AP, they kept her passport but reffered our case to the fraud prevention unit, and was told to return 3 days later. After the interview with the FPU, they still have her passport, but upon returning home from the embassy, the wife has discovered that someone where already investigating and asking questions. I am shocked that the US government would act so fast. The wife told me that last time after the interview with the FPU, they gave her back the passport, where after 8 weeks on AP,then they ultimately sent the official denial letter and stated the case was being returned back to the USCIS. USCIS has a standard processing procedure that states that the CO must adjudicate the petition to completion or find new evidence that was not previously considered. My wife was told to submit her batismal record as well.

So my questions is, is a a good sign that after two interviews they still have the passport? Or am I setting myself up for a fall, because they doesn't mean anything? And am I correct in that the CO must use the procedures that is set in place? Because the CO told my wife that they can make their own rules, which I find hard to believe.

Thanks in advance for anyone's input!!

Below is the information that I have found from USCIS:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=6b3e9c337879d110VgnVCM1000004718190aRCRD&vgnextoid=aa7e89ce45c80210VgnVCM1000004718190aRCRD

It is usually a good sign when they keep the passport! Good luck and I hope it goes smoothly for you this time around

[sjr09 155]

With out the full scope as to why it was ”sent back” the first time anything is possible, let hope for the best. You do have a big gap in timeline, not sure why? I would think if they keep her passport, the red light could turn green?

[Dakine 26]

Hello,

I will give a brief explanation of my case and I will request anyone's help, so bear with me while I give a history of our case. My wife's visa was denied because of claimed relationship with petitioner for immigration only in September 2006, was sent back to USCIS and sat there for over two years. And in September 2009 the USCIS issued a notice of intent to deny. In the time while we were waiting for our chance to submit evidence, I had visited 3 times, and showed continous contact via chats, texts and phone calls. I had submitted over four years worth of phone bills, cards, letters, emails, chats, remittances, and proof of my visits. The whole packet weighed in at 9 pounds when mailed. Our case was reaffirmed in November 2009. And it was sent to NVC for the standard processing.

Now comes to the interview. My wife Just had the interview on April 12, 2010. She submitted even more evidence that was not part of my rebuttal. After the primary interview with the CO she was placed on AP, they kept her passport but reffered our case to the fraud prevention unit, and was told to return 3 days later. After the interview with the FPU, they still have her passport, but upon returning home from the embassy, the wife has discovered that someone where already investigating and asking questions. I am shocked that the US government would act so fast. The wife told me that last time after the interview with the FPU, they gave her back the passport, where after 8 weeks on AP,then they ultimately sent the official denial letter and stated the case was being returned back to the USCIS. USCIS has a standard processing procedure that states that the CO must adjudicate the petition to completion or find new evidence that was not previously considered. My wife was told to submit her batismal record as well.

So my questions is, is a a good sign that after two interviews they still have the passport? Or am I setting myself up for a fall, because they doesn't mean anything? And am I correct in that the CO must use the procedures that is set in place? Because the CO told my wife that they can make their own rules, which I find hard to believe.

Thanks in advance for anyone's input!!

Below is the information that I have found from USCIS:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=6b3e9c337879d110VgnVCM1000004718190aRCRD&vgnextoid=aa7e89ce45c80210VgnVCM1000004718190aRCRD

Did you attend the second interview??

[Brian and Dona 0]

Did you attend the second interview??

No I did not attend the interview, due to financial reasons and the price of the tickets. I wish I could of, I feel with me there, we would not be in this situation.

[Sweetcheeksss 91]

Not to intrude or anything but I'm curious as to why it's a good thing if they hang onto your passport?

[sjr09 155]

Not to intrude or anything but I'm curious as to why it's a good thing if they hang onto your passport?

So they can attach the visa to ones passport.

[coraliesolms 47]

They wont keep a passport if they dont think they are going to stick a visa into it!! No sense in them preventing you from travelling anywhere for no reason. And also it creates more paperwork for them to send it back without a visa. So if they dont think you are getting a visa, they will give your passport back. If they are 99.99% sure you are getting it, they will keep your passport!

[Sweetcheeksss 91]

Ahh thanks for clearing that up! It's a good tidbit to know.

[Whatznext 2]

not to be a dark cloud or implying to your case because you have paid your dues and I hope it is true that they kept the passport to issue the visa but to respond in general they kept my husbands passport and he incuured 10 months of AP only then to have the case sent back to USCIS for another 10 months before it was reaffirmed so we are waiting for that second go around also just waiting and wondering what might happen this go around In general they have kept many passports and will return them upon request and good luck please keep us informed you might can shed some light on what I can expect

[Meredith_Brahim 2]

not to be a dark cloud or implying to your case because you have paid your dues and I hope it is true that they kept the passport to issue the visa but to respond in general they kept my husbands passport and he incuured 10 months of AP only then to have the case sent back to USCIS for another 10 months before it was reaffirmed so we are waiting for that second go around also just waiting and wondering what might happen this go around In general they have kept many passports and will return them upon request and good luck please keep us informed you might can shed some light on what I can expect

Whatznext - what is your next step after reaffirming the case? Does it go back to the embassy for approval and visa issuance? I think you may have posted this recently, but can't find the thread. Just curious. Hope your journey ends soon!

[Brian and Dona 0]

not to be a dark cloud or implying to your case because you have paid your dues and I hope it is true that they kept the passport to issue the visa but to respond in general they kept my husbands passport and he incuured 10 months of AP only then to have the case sent back to USCIS for another 10 months before it was reaffirmed so we are waiting for that second go around also just waiting and wondering what might happen this go around In general they have kept many passports and will return them upon request and good luck please keep us informed you might can shed some light on what I can expect

I can see that we have a similair sitation. This is my second go around, our case was reaffirmed back in September. My wife stated that after the interview with the FPU the first time, they returned her passport, but this time they still have it. So this might be a good sign.