CR1 vISA returned back to USCIS - For Further Investigaton ?

[Lizz&Mohamed 2]

HELLO VJ FAMILY MEMBERS,

I have question, when my husband's visa was not approved/nor denied but was told it was being returned back to USCIS for further investigation (as it states on the document they gave him)...does that mean we are in "AP"? Currently, I have a formal inquiry with USCIS, where a Reference number was issued & I was told that my local USCIS office has 30 days to respond...At which point, my Congresswoman's Office will be ready to make their own inquiry as well.

I also want to know if any MENA members have been denied their CR1 Visas due to an age gap/difference and/or meeting the spouse online??? I am so concerned about this...

Thanking you in advance,

Lizz&Mohamed

[sachinky 465]

As far as I understand, 'return to USCIS' means that the visa has been denied. You're NOT in AP.

Edited August 28, 2010 by sachinky

[ghanagal 2]

Yes sounds like a denial, did the give you a slip with a 221 g, etc.? Did they give you any insight to the reason of the denial?

I know how you feel my husbands CR1 was denied in December 09 and returned to the USCIS. You need to call your senator and have them get the USCIS to send you the Intent to Revoke ASAP if not it will sit there in Q for a while. My case just got reaffirmed this past week though, thanks to Marc Ellis. I would call him, he specializes in denials. I think he is the best of the best myself. 713 893 7091 www.marcellislaw.com

[Miss smarty pants 84]

HELLO VJ FAMILY MEMBERS,

I have question, when my husband's visa was not approved/nor denied but was told it was being returned back to USCIS for further investigation (as it states on the document they gave him)...does that mean we are in "AP"? Currently, I have a formal inquiry with USCIS, where a Reference number was issued & I was told that my local USCIS office has 30 days to respond...At which point, my Congresswoman's Office will be ready to make their own inquiry as well.

I also want to know if any MENA members have been denied their CR1 Visas due to an age gap/difference and/or meeting the spouse online??? I am so concerned about this...

Thanking you in advance,

Lizz&Mohamed

Lizz~ there is a pinned thread about this at the top of the MENA forum. It is common in Mena countries for petitions to be returned due to large age gaps....like over 7 years or so. This is a 'soft' denial....basically just a refusal of the consulate to issue the visa. It can sometimes take a long time...several months..to get back to USCIS for review. Then they generally take about another 120 days from the time that they receive it back. Fortunately for you, since it is a I130...it will eventually be reviewed. I reccommend saving every bit of proof you can gather of relationship until that review comes. You will need it if they send you a request for more evidence or a Notice of Intent to Deny (NOID). Sorry you are going through this now, but you may be in for a long wait.

How large is the age gap?

[Lizz&Mohamed 2]

Yes sounds like a denial, did the give you a slip with a 221 g, etc.? Did they give you any insight to the reason of the denial?

I know how you feel my husbands CR1 was denied in December 09 and returned to the USCIS. You need to call your senator and have them get the USCIS to send you the Intent to Revoke ASAP if not it will sit there in Q for a while. My case just got reaffirmed this past week though, thanks to Marc Ellis. I would call him, he specializes in denials. I think he is the best of the best myself. 713 893 7091 www.marcellislaw.com

Thank you for your response.

To answer your question, after the interview they gave him a document that included the 221g reason along with 212 reasons but none of those were checked off. The only item they checked off was the box "OTHER - Your Case is being returned to USCIS for further investigation. Please allow several weeks for your case to reach the US before requesting a status on it." The woman who interviewed him told him that she is not denying the visa but that because he did not answer some questions correctly it needed to be sent back to USCIS for further investigation. I wrote a once before about some 1 question my husband didn't know the answer to, 1 answered my birthday with the Egyptian format and not the US, & 1 question she alleged to have asked my husband but that to date, he swears was never asked of him...

Needless to say, I after this I immediately contact my congresswoman and they made an inquiry to the Cairo Embassy in a matter of days. Once the Embassy received the formal inquiry they alleged the file had left Egypt and was on it's way to USCIS California Service Center (THEY MOVED THE CASE THAT FASt) & send them a letter stating that my husband did not know enough about me and declared the questions he answered wrong. On April 13, 2010, USCIS mailed me a NOA acknowledging the receipt of our case for review. Since then, I am on the phone bi-monthly making inquiries on the status & because I sent them a package of new supporting evidence of my last trip to Egypt with my children in April 2010, along with emails and chat logs and cell bills showing our daily calls. Two weeks ago, I called & the 800 USCIS number, made a formal inquiry to the California Service Center to which I was given a Reference number to. The operator informed me that after this kind of inquiry the California Service Center has 30 days to respond back to me. It is my hope that by this time they re-affirm our case. If I don't hear anything back from USCIS, my Congresswoman's office is ready and standing by to make now an inquiry to USCIS regarding my case.

This is where my husband & I stand now.

Lizz&Mohamed

[Lizz&Mohamed 2]

Lizz~ there is a pinned thread about this at the top of the MENA forum. It is common in Mena countries for petitions to be returned due to large age gaps....like over 7 years or so. This is a 'soft' denial....basically just a refusal of the consulate to issue the visa. It can sometimes take a long time...several months..to get back to USCIS for review. Then they generally take about another 120 days from the time that they receive it back. Fortunately for you, since it is a I130...it will eventually be reviewed. I reccommend saving every bit of proof you can gather of relationship until that review comes. You will need it if they send you a request for more evidence or a Notice of Intent to Deny (NOID). Sorry you are going through this now, but you may be in for a long wait.

How large is the age gap?

Thank you for your response.

Our age difference is 10 years but I have heard of several couples with larger gaps in age that have had their visas approved. I know everyone says they don't look their age but if you were to see our pic, age does not even come into question. We truly love each other. His family, as well as mine fully accept our marriage/union. Being Mexican, both our cultures have a lot of similarities. Yes, religion is a big difference but Muslims have been in my family for 23 years. I believe that my mistake perhaps was not being there when the interview took place. If our case is re-affirmed it is my intent to fly out and be with him during this process for moral support but for them to see us together & hopefully prove to them that we are still very much together and in love.

Regarding the length of how long it will take, our case file left the Embassy almost 2 weeks after the interview. I don't know if my Congresswoman's inquiry may have pushed the case out any faster...My local USCIS offie then sent me a NOA stating they recieved the case from DOS on April 13, 2010 & for me to give them the 5months processing time for them to make their decision. I called USCIS monthly still making inquiries as to the status & to inform them that I put together a pakage for them with new supporting evidence to show our ongoing marriage/union. The package included my last trip to Egypt with my children in April 2010, pics, chat logs, emails, cell bills showing our daily calls & of course they told me that I shouldn't have done that if they did not ask for it because they cannot guarantee that my new package will even get attached to the case/file they have for review. I told them I did not mind & did not want to take the chance of them denying our case without looking or considering new evidence. A few weeks ago I placed another call, after one of their operators told me that their current turn around time for our type of case was about 120days & suggested I waited till then which I did. On my last telephone call, that operator told me that she was making an inquiry to my local USCIS office, gave me a Reference number to the inquiry and informed me that my local office has 30days to respond. My plan is now to wait until those 30days are up & if I don't hear from them, then my Congresswoman's office is ready to act and make their formal inquiry to USCIS.

Anymore comments and/or suggestions are greatly appreciated.

Thanks again.

Lizz&Mohamed

[LotofPatience 65]

Thank you for your response.

To answer your question, after the interview they gave him a document that included the 221g reason along with 212 reasons but none of those were checked off. The only item they checked off was the box "OTHER - Your Case is being returned to USCIS for further investigation. Please allow several weeks for your case to reach the US before requesting a status on it." The woman who interviewed him told him that she is not denying the visa but that because he did not answer some questions correctly it needed to be sent back to USCIS for further investigation. I wrote a once before about some 1 question my husband didn't know the answer to, 1 answered my birthday with the Egyptian format and not the US, & 1 question she alleged to have asked my husband but that to date, he swears was never asked of him...

Needless to say, I after this I immediately contact my congresswoman and they made an inquiry to the Cairo Embassy in a matter of days. Once the Embassy received the formal inquiry they alleged the file had left Egypt and was on it's way to USCIS California Service Center (THEY MOVED THE CASE THAT FASt) & send them a letter stating that my husband did not know enough about me and declared the questions he answered wrong. On April 13, 2010, USCIS mailed me a NOA acknowledging the receipt of our case for review. Since then, I am on the phone bi-monthly making inquiries on the status & because I sent them a package of new supporting evidence of my last trip to Egypt with my children in April 2010, along with emails and chat logs and cell bills showing our daily calls. Two weeks ago, I called & the 800 USCIS number, made a formal inquiry to the California Service Center to which I was given a Reference number to. The operator informed me that after this kind of inquiry the California Service Center has 30 days to respond back to me. It is my hope that by this time they re-affirm our case. If I don't hear anything back from USCIS, my Congresswoman's office is ready and standing by to make now an inquiry to USCIS regarding my case.

This is where my husband & I stand now.

Lizz&Mohamed

So, it is NOT denial.

Hope you could resolve it quickly!

Loto

[Lizz&Mohamed 2]

Yes sounds like a denial, did the give you a slip with a 221 g, etc.? Did they give you any insight to the reason of the denial?

I know how you feel my husbands CR1 was denied in December 09 and returned to the USCIS. You need to call your senator and have them get the USCIS to send you the Intent to Revoke ASAP if not it will sit there in Q for a while. My case just got reaffirmed this past week though, thanks to Marc Ellis. I would call him, he specializes in denials. I think he is the best of the best myself. 713 893 7091 www.marcellislaw.com

Thank you for responding.

I do have my Congresswoman involved in our case because my state senator, well lets just say her office did not sound like they intended on giving us any help. My Congresswoman with one inquiry to the Embassy in Cairo...it got them to respond to her with the actual reason for the case being returned back to USCIS. The document they gave my husband has 221g and some 212 reasons but none of those were checked off. They checked off an "OTHER" box. Basically it stated that the case was being returned back to USCIS for further investigation. (If you read one of my other responses you will see what their allegations were).

Now that the case has been with USCIS for 4.5months now, I am waiting until around August 13th. If by that time with they have not made a decision, my Congresswoman again is standing by to act upon my behalf and make their inquiry and I will take it from there.

Regarding seeking legal help/attorney...I often read how expensive and not often needed. Was it expensive and helpful to you. Did they reaffirm your case only after you hired him and he became involved in your case?

Thank you.

Lizz&Mohamed

[LotofPatience 65]

This may be useful reading to you, if you have not read it.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

221g is ineligibility at this point of time.

212 Checked OTHER does not fit in any of those 10 classifications.

IMO, you will have to overcome this ineligibility. Talk to a good attorney and resolve it.

Loto

[Lizz&Mohamed 2]

This may be useful reading to you, if you have not read it.

http://travel.state....ities_1364.html

221g is ineligibility at this point of time.

212 Checked OTHER does not fit in any of those 10 classifications.

IMO, you will have to overcome this ineligibility. Talk to a good attorney and resolve it.

Loto

Thanks for your responses Loto,

My understanding of the document they gave my husband is that they did not say he does not qualify for the Visa. The woman who interviewed him said to him that she was not denying you the Visa but because he did not answer a few questions about me correctly, they have to return our case back to USCIS for further investigation. My Congresswoman made an inquiry about my case to the Cairo Embassy and in the letter they wrote to my Congresswoman does not say the Visa is denied

it states only that my husband did not answer a few questions correctly and so they sent the case back to USCIS for re-adjudication.

Now is these sort of cases, I've heard from some couples that stated USCIS ends up re-affirming their cases & the case gets returned back to the Embassy for a second interview. That they only want to see that the marriage is still ongoing and ask for new supporting evidence, which I have mailed them a nice size package of my last trip to Egypt this past April with my children. I made sure to attach new pictures, a few current chats, emails, and cell bills to show our daily phone calls.

Thank you for your advice.

Lizz&Mohamed

[LotofPatience 65]

Thanks for your responses Loto,

My understanding of the document they gave my husband is that they did not say he does not qualify for the Visa. The woman who interviewed him said to him that she was not denying you the Visa but because he did not answer a few questions about me correctly, they have to return our case back to USCIS for further investigation. My Congresswoman made an inquiry about my case to the Cairo Embassy and in the letter they wrote to my Congresswoman does not say the Visa is denied

it states only that my husband did not answer a few questions correctly and so they sent the case back to USCIS for re-adjudication.

Now is these sort of cases, I've heard from some couples that stated USCIS ends up re-affirming their cases & the case gets returned back to the Embassy for a second interview. That they only want to see that the marriage is still ongoing and ask for new supporting evidence, which I have mailed them a nice size package of my last trip to Egypt this past April with my children. I made sure to attach new pictures, a few current chats, emails, and cell bills to show our daily phone calls.

Thank you for your advice.

Lizz&Mohamed

That's my gut feeling as well, Lizz. Based on NOT answering a few questions, they can NOT deny an immigrant visa. They can make life miserable by dragging it until they are "convinced" based on new evidences. Since you are providing all those, it should be sorted out, though it might take some time.

Key here is contact Congresswoman and follow up almost every week or two until it is resolved.

Good luck!

Loto

[Lizz&Mohamed 2]

That's my gut feeling as well, Lizz. Based on NOT answering a few questions, they can NOT deny an immigrant visa. They can make life miserable by dragging it until they are "convinced" based on new evidences. Since you are providing all those, it should be sorted out, though it might take some time.

Key here is contact Congresswoman and follow up almost every week or two until it is resolved.

Good luck!

Loto

Thanks again Loto for your kind words.

I will not give up the fight and fully intend on keeping my Congresswoman's office involved till the end. My husband English is not fluent and so of course this was a bit of the problem. But for the Embassy to say my husband did not even know my birthdate that is just a flat out lie! He first answered it in the Egyptian format but being in Egypt they should have accepted that. There were 2 other questions that were fully explainable but I am over that now. Right now, our objective is for USCIS to re-affirm our case & this time around I will fly to Egypt to be with him during the interview process.

I also want to say that I am not completely upset the Immigration proess because I am fully aware of the fraud that comes along with the sort of marriages where the couples meet online, marry suddenly, etc...But I did take a full year to get to know my now husband & took made sure both our families were accepting of our union before we proceeded. Our age difference I am sure raises a red flag, but GOD willing they will see that despite ethnicity, religious and language barriers true love can be found...I am of Mexican ancestry and my family are Immigrants to this country and because of this I am an open minded and sensitive to Immigration issues.

Again thanks for your words of support.

Lizz&Mohamed

[And_Sam 44]

Thanks again Loto for your kind words.

I will not give up the fight and fully intend on keeping my Congresswoman's office involved till the end. My husband English is not fluent and so of course this was a bit of the problem. But for the Embassy to say my husband did not even know my birthdate that is just a flat out lie! He first answered it in the Egyptian format but being in Egypt they should have accepted that. There were 2 other questions that were fully explainable but I am over that now. Right now, our objective is for USCIS to re-affirm our case & this time around I will fly to Egypt to be with him during the interview process.

I also want to say that I am not completely upset the Immigration proess because I am fully aware of the fraud that comes along with the sort of marriages where the couples meet online, marry suddenly, etc...But I did take a full year to get to know my now husband & took made sure both our families were accepting of our union before we proceeded. Our age difference I am sure raises a red flag, but GOD willing they will see that despite ethnicity, religious and language barriers true love can be found...I am of Mexican ancestry and my family are Immigrants to this country and because of this I am an open minded and sensitive to Immigration issues.

Again thanks for your words of support.

Lizz&Mohamed

Lizz~ I truly believe that it was because of your husband's lack of the english language. Only because my husband too has difficulty with the language. He can speak it fairly well, but being nervous and "under the spotlight", well he tends to makes mistakes too.

As far as the age differences go, we have over 10 years between us and that was not an issue of his visa interview.

I believe because I was there during the interview, the majority of the questions that were asked were directed to me. We were honest and straight forward with the answers, and luckily he got the visa exactly 8 days after his interview.

Stay strong and keep on them with your Congresswoman's help and you will prevail.

Good luck!

[Lizz&Mohamed 2]

Lizz~ I truly believe that it was because of your husband's lack of the english language. Only because my husband too has difficulty with the language. He can speak it fairly well, but being nervous and "under the spotlight", well he tends to makes mistakes too.

As far as the age differences go, we have over 10 years between us and that was not an issue of his visa interview.

I believe because I was there during the interview, the majority of the questions that were asked were directed to me. We were honest and straight forward with the answers, and luckily he got the visa exactly 8 days after his interview.

Stay strong and keep on them with your Congresswoman's help and you will prevail.

Good luck!

Thank you so much for your kind words And_Sam,

You don't know how much hope your words give me. My husband too speaks English fairly but because I have 22 years in the education field & have worked teaching students English, I have the patience for this sort of thing. I too think because of the language problem, the woman interviewing him perhaps grew impatient with him....My husband did tell me he felt her to be somewhat upset with him, maybe the word he meant to say was more frustrated with him. He did ask for some assistance with the language but they denied him that. The woman told him if you can speak English to your wife, then you can speak English with me. So I am sure that all of this made him feel uncomfortable/intimidated.

Thank you for your kind words of support again.

Lizz&Mohamed