re-evaluation

[OlasKween 3]

Has anyone had experience with a re-evaluation at the USCIS level once the foreign consulate has denied? My fiance was denied in Lagos on November 21st, and the paperwork is being sent back to the USCIS for review. We are hoping to get it re-evaluated, and sent back to Lagos for another interview. We have the help of congressmen, our lawyer, and the ombudsman, but still waiting for the file to get back to the USCIS. Any advice would be appreciated.

[souleymon 27]

Its often said that the duration cld months.

Have u confirmed,where the petition is currently,cld still b in lagos

[OlasKween 3]

no we dont know where the petition is. I have contacted the foreign consulate, the NVC and the USCIS. They have all told me that nothing can be done until the USCIS receives it, and the USCIS says they havn't received it yet. I have done everything I can think of to get the denial re-evaluated. Do you know how the Freedom of Information Act works?? I am not even sure of what it is, but I keep hearing that I should get information from them. I have looked at their website, but I am still not sure of what to do there.

[NigeriaorBust 4,087]

You have a K1 petition from California. Lagos usually holds it until it is expired and then sends it to USCIS who will send you a letter after all your waiting that the validity of your petition has expired and you can refile without prejudice. Either start a second K1 or revisit and go the CR1 route.

[OlasKween 3]

Well, I have been told that once the case gets to USCIS, it willl be reveiwed, and they will determine if the case warrants re-evaluaton. they have 120 days to take action, or kill the petition, and if the original date of approval has passed, it will be renewed. Has anyone had a review that has been sent back to the embassy to be reevaluated?

[bella&ivan 4]

Has anyone had experience with a re-evaluation at the USCIS level once the foreign consulate has denied? My fiance was denied in Lagos on November 21st, and the paperwork is being sent back to the USCIS for review. We are hoping to get it re-evaluated, and sent back to Lagos for another interview. We have the help of congressmen, our lawyer, and the ombudsman, but still waiting for the file to get back to the USCIS. Any advice would be appreciated.

What does your lawyer say about the situation? I personally think that you wait a little, see if you gonna get an answer from them and go marry your fiance and file for a green card. What was their reason for the denial?

[bella&ivan 4]

You have a K1 petition from California. Lagos usually holds it until it is expired and then sends it to USCIS who will send you a letter after all your waiting that the validity of your petition has expired and you can refile without prejudice. Either start a second K1 or revisit and go the CR1 route.

Absolutely agree,CR1 route is the best way in this situation

[OlasKween 3]

our lawyer doesnt know what to do, lol, sad but true. The only reason given was stamped on the denial " for immigration purposes only." They didnt look at one shred of evidence we produced.

[OlasKween 3]

Absolutely agree,CR1 route is the best way in this situation

You guys may be correct, but i cant see how a denial will not effect the case negatively. And if it doesnt effect it in a negative way, isnt that more proof that this whole system is sooooo wrong??

[bella&ivan 4]

our lawyer doesnt know what to do, lol, sad but true. The only reason given was stamped on the denial " for immigration purposes only." They didnt look at one shred of evidence we produced.

I am very dissappointed at immigration lawyers too. Sad. maybe someone here knows if you can appeal a deniel. Must be so hard for you, but dont lose faith.

[OlasKween 3]

thank you so much for your support.

[bella&ivan 4]

You guys may be correct, but i cant see how a denial will not effect the case negatively. And if it doesnt effect it in a negative way, isnt that more proof that this whole system is sooooo wrong??

With K1 visa both still have room and slip out of the relationship, I am talking about the 3 months period given for the couple to get marry. With the other petition you are already married filing for union of the family.

[OlasKween 3]

yes, i understand the difference, but what i am saying is this: we shouldnt have to prove anything to be together. this whole system is so corrupted that it makes me sick. We have done nothing wrong, and we were unfairly denied. Refiling is a buch of bull. I know we have to play this "game" if we want to be together, and i will play, but- it is not RIGHT OR FAIR.

[Kehinde 45]

our lawyer doesnt know what to do, lol, sad but true. The only reason given was stamped on the denial " for immigration purposes only." They didnt look at one shred of evidence we produced.

That is exactly what happened to me. The only reason they gave me is "for immigration purpose only". This was back in May 2011 and we are still in review. They didn't even look at our documents. My Congressman said I wii get a NOA next week.

[OlasKween 3]

what os a NOA??