reaffirmed K1 sent back to USCIS again!!!

[yajakass 0]

Hi Guys,

I think I have weirdest case here. We filed for K1 back in Oct'09. NVC sent our case back for review in Feb'10 and USCIS reaffirmed it in June'10 and sent it back to NVC. We just called NVC yesterday and they said the case is been sent back to USCIS again in June.

I know not many people have such situations but any suggestion or advice will be helpful.

We have contacted Senators to check on the case. hopefully we hear it back soon.

Does anyone know if expedite can work in K1 visa? I wish USCIS dont take another 3 months to take decision again.

Do you think hiring attorneys help in such situations? Do they have special rights to get in touch with USCIS and find out whats going on?

Thanks.

J.

Edited July 1, 2010 by yajakass

[gbagbo 0]

That is strange indeed. Did they tell you why the case is being sent back and forth?

[yajakass 0]

That is strange indeed. Did they tell you why the case is being sent back and forth?

No. they wouldnt tell us that..

[JimVaPhuong 4,863]

Hi Guys,

I think I have weirdest case here. We filed for K1 back in Oct'09. NVC sent our case back for review in Feb'10 and USCIS reaffirmed it in June'10 and sent it back to NVC. We just called NVC yesterday and they said the case is been sent back to USCIS again in June.

I know not many people have such situations but any suggestion or advice will be helpful.

We have contacted Senators to check on the case. hopefully we hear it back soon.

Does anyone know if expedite can work in K1 visa? I wish USCIS dont take another 3 months to take decision again.

Do you think hiring attorneys help in such situations? Do they have special rights to get in touch with USCIS and find out whats going on?

Thanks.

J.

NVC doesn't have much to do with approved K1 petitions. My understanding is that they do a quick background check on the petitioner. If nothing comes up, then they forward the petition to the US consulate in the beneficiary's country. A few days to a week is typical. When a K1 petition gets hung up at NVC it's usually because something came up in the background check. For example, if the petitioner had a criminal conviction it might slow things down at NVC.

Hold off on hiring an attorney unless you get a notice of intent to deny from USCIS. Attorneys don't have any "special rights" with USCIS, unless maybe they happen to have a friend inside USCIS who is willing to feed them information. You have a better chance with your senator's office.

[yajakass 0]

NVC doesn't have much to do with approved K1 petitions. My understanding is that they do a quick background check on the petitioner. If nothing comes up, then they forward the petition to the US consulate in the beneficiary's country. A few days to a week is typical. When a K1 petition gets hung up at NVC it's usually because something came up in the background check. For example, if the petitioner had a criminal conviction it might slow things down at NVC.

Hold off on hiring an attorney unless you get a notice of intent to deny from USCIS. Attorneys don't have any "special rights" with USCIS, unless maybe they happen to have a friend inside USCIS who is willing to feed them information. You have a better chance with your senator's office.

Thanks for your response friend. I think NVC does background check on Beneficiary as well but I am not sure if I am right. I have read some documents on GOV websites and in most cases they return the case back to USCIS if they believe the petition should not have been approved. My only concern is why did NVC sent it back again.

Can it be some mistake with USCIS that NVC catched and sent it back to USCIS?

NVC said they sent it back on June 25 and USCIS has still not received it. I hope the later process doesnt take much time.

I need more advise guys please. Share me your views.

[Audy_Rob 26]

For the first time, from Octo '09 to Feb '10, was there a K-1 visa interview at a Consulate which resulted in a denial and the K-1 being sent back to USCIS??? I know you do not say that but I am just trying to make sure all the facts are present.

Also, did the USC get a request to have Biometrics done?

Thanks and Good luck.

[yajakass 0]

For the first time, from Octo '09 to Feb '10, was there a K-1 visa interview at a Consulate which resulted in a denial and the K-1 being sent back to USCIS??? I know you do not say that but I am just trying to make sure all the facts are present.

Also, did the USC get a request to have Biometrics done?

Thanks and Good luck.

No there hasnt been an interview yet. Our case hasnt gone beyond NVC.

And USC hasnt got request for Biometrics yet. Do they usually ask for it?

[yahya_marie 5]

maybe the petition was expired that mostly what happen when they reaffirm the k-1 that's what i think

Edited July 2, 2010 by yahya_marie

[yajakass 0]

maybe the petition was expired that mostly what happen when they reaffirm the k-1 that's what i think

No the reaffirmed petition had new expire date of Oct'10.

[NigeriaorBust 4,087]

Call USCIC and see if they think it is returned again. If so start a service request ( did you case status online change ? ) if they seem clueless call NVC again and see if you get the same information again . Someone may have misread your data because of the previous return of the petition.

[JimVaPhuong 4,863]

Thanks for your response friend. I think NVC does background check on Beneficiary as well but I am not sure if I am right. I have read some documents on GOV websites and in most cases they return the case back to USCIS if they believe the petition should not have been approved. My only concern is why did NVC sent it back again.

Can it be some mistake with USCIS that NVC catched and sent it back to USCIS?

NVC said they sent it back on June 25 and USCIS has still not received it. I hope the later process doesnt take much time.

I need more advise guys please. Share me your views.

It doesn't actually take a week to travel from one location to the other. When they say they haven't received it then it usually means it's sitting in a mailroom somewhere, either waiting to sent out or waiting to be processed in.

Audy_Rob mentioned biometrics because NVC will sometimes request biometrics from the petitioner if the background check reveals a problem and they want to confirm the identity of the petitioner. It is relatively unusual for this to happen.

It's unlikely you're going to get any straight answers out of either NVC or USCIS right now, other than some generic canned script. It sounds like you're witnessing a tug of war between two agencies of the federal government. NVC apparently thinks your petition should not have been approved, and USCIS apparently believes otherwise. Your Senator's office will probably be able to get some information out of them. You could also try contacting your Congressman's office.

[yajakass 0]

We contacted congressman/senator to look into it. We got reply from congressman.

USCIS told them this:

"the file was returned by NVC because of missing information. Without the review they are unable to find what is missing. (wth???)

National File Tracking System indicates that A# file is requested from National Record Center(NRC).

This case will not be terminated at this time since it has not made its way to a consulate for interview.

The case will be reviewed again and whatever information is missing will be included and the approved petition will be returned to the NVC."

Basically our case is not going to be expedite.

What possibly would be missing information?

Does NVC do background check on both petitioner and beneficiary?

Share your views please.

Thanks a lot.

J