Returning Petitions to the United States via 221g

[brnidokiegurl 0]

edited to add, I have just returned on February 23 from spending 10 glorious days with my baby. loved every minute i think the hardest part is the long distance. i wish there was a way i could spend another 6 months with my company there, but alas, they no longer need our assistance...maybe later? anyways, i do have a lot more evidence if they give us a 2nd chance before September.

Hello kiyah

i just called USCIS. they said they recived my case back. and they sent another I-797.and she told it can take 120 days to review. any one know about this.we still not recived I797 but it online updated. please advise

Well, this is a returned K3 correct? Even though this is a non-immigrant visa petition and does technically have an expiration date, K3s are treated more seriously than the returned K1.

Has the I-130 been approved yet?

The reason I ask is a few returned K3s I know of were handled by forcing the I-130 through to approval and then interview at the consulate. The petitioner worked with their senator/congressman to force the I-130 petition to adjudication at the USCIS and contacted the USCIS and NVC to add evidence to that petition before being sent to the consulate for an interview. This has worked for a few that I know of, but it did take quite a bit of work and staying on their senate/congress contacts to be sure they were doing what was needed.

Otherwise, you will need to wait out the return process on this K3, and rebut the consular findings when the NOIR/NOID comes. One thing I know for sure is you should not refile this K3 because of the open returned K3 and open I-130.

Now, please remember I am not an attorney, all information I provide is merely based on research and the personal experiences of myself and many others who have faced this process. Real advice needs to come from an immigration attorney who has proven experience with returned/denied family petition/applications.

I would definitely contact a lawyer and discuss the I-130 and how to add evidence to that petition before it goes to the consulate for an interview. Even if you are waiting out the K3 return process, the I-130 is still out there waiting for its' adjudication, and it will be treated as a new petition by both government entities.

If this is the path chosen, this evidence should address any possible red flag this case may have which could be the reason for the return as well as provide additional "new" evidence of the relationship/marriage. This way when the I-130 goes to the consulate for an interview, they have more information and evidence in front of them before the interview even happens...this can reduce your chances of another returned petition/application.

In my personal opinion, if you do nothing with the I-130 and it gets approved by the USCIS and goes to the consulate for an interview then they can return the I-130 for the same reason(s) as they returned the K3 especially if they do not have new evidence in front of them before that interview...so be proactive and speak to an attorney about chasing that down and adding to it as I mentioned before it goes to the consulate.

Again, an experienced immigration attorney who has proven experience with returned/denied family petition/applications can assist you with this. I would also be asking this attorney how to attach a G-28 to an already submitted I-130 so the consulate knows you have legal representation. Sure the DOS says that this does not matter...however, I beg to differ. It sure can't hurt.

PM me if you have any questions.

~kiyah~

Dear kiyah

sanater advise me to start process of I-130, he also asked NVC to status of my approved i-130. they reply him to file for duplicate i-797 of i-130. because they losed my approved 130. do u think i can add my new avidence of relationship and it will help me in my case.

thanks.

Well, if they can locate your file (not the approval letter) then yes, they can add evidence to it. This is exactly what others have done in the past. The duplicate I-797 is needed as well though, it is needed for the interview, so definitely file for that.

In the event they are not able to locate your file, there are other things you can do such as contact the consulate directly and give them this additional evidence via overnight service, as well as bring copies of it to the interview. So, even if they can't chase your file down, you still have a chance to add to this...your senator's help is going to be key to getting this additional info into the COs hands though.

~kiyah~

Dear kiyah

Today i called USCIS again. they told me to fill I-824 to action on approved petition.

is it mean i have to pay fees for i-824. because we already payed fee to i-130

wt is next process after fill I824

thanks

Dear kiyah

please help us and advise me

thanks

I can't advise and/or help you in the way you are asking me to, I am not a lawyer. It really sounds like it is time for you to hire a good immigration lawyer, they have the expertise to sort these things out with you.

Once an I-130 is approved, it is forwarded on to the National Visa Center for processing. Have you not received anything from the National Visa Center on your approved I-130? Did the USCIS tell you that has been done? Do you even have the I-130 approval letter from the USCIS? These are things a good immigration lawyer and your senate contact need to help you with to get this approved I-130 on its' way.

I'm sorry, I can only provide infomation I have on the petition return process because I have personally been through it. I didn't have to force an I-130 through so I don't have specific details about exactly how to do that and what may be required for any specific case. Maybe someone who went through that will chime in and share their experience and that will help you.

Otherwise...contact a good immigration lawyer to help you with your case, I think the specifics of your case do warrant that.

~kiyah~

Dear friends

i got email from uscis

Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT

On March 18, 2009, your document I129F, PETITION FOR FIANCE(E) was processed and mailed to the address on record. If you have not received it within 30 days of March 18, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.

any one know wt is meaning of this email.

they sais they processed but they denied or approved they not told

lol

any one know about this

this sounds like a error to me, what other document would they be sending to you? maybe a letter saying returned? call and ask meaning

[laurarajesh 0]

I am protesting...I want this issue pinned!

Petitions Returned to the United States

More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.

I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????

~Kiya~

Hello

i recived email from uscis that they recived my petition back 27 feb. and yesterday i got another email

wac0801651777

Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT

On March 18, 2009, your document I129F, PETITION FOR FIANCE(E) was processed and mailed to the address on record. If you have not received it within 30 days of March 18, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.

is that any one recived this kind of email.

is this is denied or approved or RFE

please reply

thanks

[HYENA 4]

I am protesting...I want this issue pinned!

Petitions Returned to the United States

More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.

I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????

~Kiya~

Hello

i recived email from uscis that they recived my petition back 27 feb. and yesterday i got another email

wac0801651777

Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT

On March 18, 2009, your document I129F, PETITION FOR FIANCE(E) was processed and mailed to the address on record. If you have not received it within 30 days of March 18, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.

is that any one recived this kind of email.

is this is denied or approved or RFE

please reply

thanks

I would do what the letter says..call the number. Not sure what else you can do if you haven't gotten anything on the mail

[~kiyah~ 14]

I agree, this seems to be an error. Probably sent to the wrong applicant. I would definitely call them to make sure.

~kiyah~

[laurarajesh 0]

I agree, this seems to be an error. Probably sent to the wrong applicant. I would definitely call them to make sure.

~kiyah~

Dear friends

i called them many times. they said they dont know wt is in that letter. they said they sending me again. but they cant send email copy of that letter that is what uscis told

lol

[~kiyah~ 14]

I agree, this seems to be an error. Probably sent to the wrong applicant. I would definitely call them to make sure.

~kiyah~

Dear friends

i called them many times. they said they dont know wt is in that letter. they said they sending me again. but they cant send email copy of that letter that is what uscis told

lol

Then I would wait and see what the actual letter says...at this point, there is no telling what it is, and any speculation about it doesn't help you. Hopefully when you get the actual letter it will be clearer what it is and what it is for. It is quite possible that if you received an email stating they received your file returned for review the day before this email came that this letter is the official receipt letter from the return and nothing more than that. By law they do have to send you a written receipt for the returned petition after they receive it, this is probably all it is and they just made it more confusing by sending you an additional email stating you are receiving a letter in the mail.

~kiyah~

[msnino 0]

Salaam Kiya , I agree TOTALLY Please let's get information pinned ! alhumdulilah

[~kiyah~ 14]

Salaam Kiya , I agree TOTALLY Please let's get information pinned ! alhumdulilah

Wasalaam alaikum and marhaba! Yes, this has been pinned for some time now but it's not the best placement or easiest way to locate information regarding the issue (hence the links in my signature), but we'll take it

~kiyah~

[laurarajesh 0]

Salaam Kiya , I agree TOTALLY Please let's get information pinned ! alhumdulilah

Wasalaam alaikum and marhaba! Yes, this has been pinned for some time now but it's not the best placement or easiest way to locate information regarding the issue (hence the links in my signature), but we'll take it

~kiyah~

hello kiyah

i-129 was recived by uscis for review, i-130 was lost.

as per latest uscis mail they doing background check on both cases.

how it possible.

wt they going to do. is that mean they combined both cases or they canceled k3 or they going to send i-130 to nvc after BG complite. or they will send both cases after BG check. will they send noid/noir letter.

alot of question comeing in mind

any one can help

[~kiyah~ 14]

I can't say for sure, this is where an immigration attorney experienced in this specific area should be helping you with.

This sounds strange to me, if the I-130 is lost, how can they do background checks or any kind of review on it? That makes no sense to me.

Regardless, it is possible that the I-129 for K3 is what was returned...the USCIS does have the option of holding back the I-130 for review as well, and not just sending that through to the consulate once approved.

Honestly I cannot say with any degree of certainty that they will cancel the K3 and move forward with the CR1 by reviewing it. They have to either review the K3, or close it due to expiration...by the way you say this letter is written, it sounds like they will review the K3.

In this event if they feel it is necessary to send you an NOIR/NOID, they will. There are some cases where the petitioner does not receive an NOIR/NOID...the case is reviewed and the USCIS sends the petition back directly to the consulate along with a recommendation to issue a visa.

Unfortunately there really is no way for someone like me to determine what they will do in any given case. You could hire an immigration attorney and contact your congressional representative to attempt to find these things out for you. It is possible for a lawyer and/or congressional rep to find out exactly what is going on with both cases.

~kiyah~

[laurarajesh 0]

I can't say for sure, this is where an immigration attorney experienced in this specific area should be helping you with.

This sounds strange to me, if the I-130 is lost, how can they do background checks or any kind of review on it? That makes no sense to me.

Regardless, it is possible that the I-129 for K3 is what was returned...the USCIS does have the option of holding back the I-130 for review as well, and not just sending that through to the consulate once approved.

Honestly I cannot say with any degree of certainty that they will cancel the K3 and move forward with the CR1 by reviewing it. They have to either review the K3, or close it due to expiration...by the way you say this letter is written, it sounds like they will review the K3.

In this event if they feel it is necessary to send you an NOIR/NOID, they will. There are some cases where the petitioner does not receive an NOIR/NOID...the case is reviewed and the USCIS sends the petition back directly to the consulate along with a recommendation to issue a visa.

Unfortunately there really is no way for someone like me to determine what they will do in any given case. You could hire an immigration attorney and contact your congressional representative to attempt to find these things out for you. It is possible for a lawyer and/or congressional rep to find out exactly what is going on with both cases.

~kiyah~

i calleed uscis they told they cant tell any thing because they doing background check. DOS cant tell anything advised to wait for uscis reply. congressman , cant tell anything advised to wait for uscis reply. he already sent letter to uscis but uscis not even reply congressman

================================================================

U.S. Citizenship and Immigration Services

Monday, May 4, 2009

Emailed to =======

Dear M. Singh:

On 05/01/2009 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:

-- Applicant or Petitioner

Attorney Name:

-- Information not available

Case type:

-- I130

Filing date:

-- 09/21/2007

Receipt #:

-- WAC-8888888(130)

Beneficiary (if you filed for someone else):

-- Singh, Rajesh

Your USCIS Account Number (A-number):

-- 8888888

Type of service requested:

-- Expedite

The status of this service request is:

I-130 WAC888888888

I-129F WAC88888888

Thank you for your inquiry regarding the above listed petitions. Your petitions were returned to the California Service Center (CSC) by the Department of State/Consulate for further review and was received on February 27, 2009.

The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for a decision, as the required investigation into your background remains open. Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within six months of this letter, you may contact us by calling the USCIS National Customer Service Center at 1-800-375-5283.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

any body have idea about this

[morocco4ever 63]

I can't say for sure, this is where an immigration attorney experienced in this specific area should be helping you with.

This sounds strange to me, if the I-130 is lost, how can they do background checks or any kind of review on it? That makes no sense to me.

Regardless, it is possible that the I-129 for K3 is what was returned...the USCIS does have the option of holding back the I-130 for review as well, and not just sending that through to the consulate once approved.

Honestly I cannot say with any degree of certainty that they will cancel the K3 and move forward with the CR1 by reviewing it. They have to either review the K3, or close it due to expiration...by the way you say this letter is written, it sounds like they will review the K3.

In this event if they feel it is necessary to send you an NOIR/NOID, they will. There are some cases where the petitioner does not receive an NOIR/NOID...the case is reviewed and the USCIS sends the petition back directly to the consulate along with a recommendation to issue a visa.

Unfortunately there really is no way for someone like me to determine what they will do in any given case. You could hire an immigration attorney and contact your congressional representative to attempt to find these things out for you. It is possible for a lawyer and/or congressional rep to find out exactly what is going on with both cases.

~kiyah~

i calleed uscis they told they cant tell any thing because they doing background check. DOS cant tell anything advised to wait for uscis reply. congressman , cant tell anything advised to wait for uscis reply. he already sent letter to uscis but uscis not even reply congressman

================================================================

U.S. Citizenship and Immigration Services

Monday, May 4, 2009

Emailed to =======

Dear M. Singh:

On 05/01/2009 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:

-- Applicant or Petitioner

Attorney Name:

-- Information not available

Case type:

-- I130

Filing date:

-- 09/21/2007

Receipt #:

-- WAC-8888888(130)

Beneficiary (if you filed for someone else):

-- Singh, Rajesh

Your USCIS Account Number (A-number):

-- 8888888

Type of service requested:

-- Expedite

The status of this service request is:

I-130 WAC888888888

I-129F WAC88888888

Thank you for your inquiry regarding the above listed petitions. Your petitions were returned to the California Service Center (CSC) by the Department of State/Consulate for further review and was received on February 27, 2009.

The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for a decision, as the required investigation into your background remains open. Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within six months of this letter, you may contact us by calling the USCIS National Customer Service Center at 1-800-375-5283.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

any body have idea about this

All that this says to me is that they haven't made a decision yet, one way or the other. And considering that they just barely got it back in February they probably haven't even started reviewing the case.

Kiyah has suggested, and I agree with her, that you need to hire an immigration lawyer. I have a feeling that this process is not something that you are able to follow without professional guidance. Please consider hiring someone to assist you.

My next suggestion is to ask your rep to follow up with the USCIS every 2 weeks to see how your case is. But I will warn you, don't expect any action for several more months. Nor do I suggest that you contact them repeatedly. They are not going to work on your case any faster than they see fit, so it is a waste of time. A couple of times a month is adequate to let them know that you are not giving up.

[laurarajesh 0]

I can't say for sure, this is where an immigration attorney experienced in this specific area should be helping you with.

This sounds strange to me, if the I-130 is lost, how can they do background checks or any kind of review on it? That makes no sense to me.

Regardless, it is possible that the I-129 for K3 is what was returned...the USCIS does have the option of holding back the I-130 for review as well, and not just sending that through to the consulate once approved.

Honestly I cannot say with any degree of certainty that they will cancel the K3 and move forward with the CR1 by reviewing it. They have to either review the K3, or close it due to expiration...by the way you say this letter is written, it sounds like they will review the K3.

In this event if they feel it is necessary to send you an NOIR/NOID, they will. There are some cases where the petitioner does not receive an NOIR/NOID...the case is reviewed and the USCIS sends the petition back directly to the consulate along with a recommendation to issue a visa.

Unfortunately there really is no way for someone like me to determine what they will do in any given case. You could hire an immigration attorney and contact your congressional representative to attempt to find these things out for you. It is possible for a lawyer and/or congressional rep to find out exactly what is going on with both cases.

~kiyah~

i calleed uscis they told they cant tell any thing because they doing background check. DOS cant tell anything advised to wait for uscis reply. congressman , cant tell anything advised to wait for uscis reply. he already sent letter to uscis but uscis not even reply congressman

================================================================

U.S. Citizenship and Immigration Services

Monday, May 4, 2009

Emailed to =======

Dear M. Singh:

On 05/01/2009 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:

-- Applicant or Petitioner

Attorney Name:

-- Information not available

Case type:

-- I130

Filing date:

-- 09/21/2007

Receipt #:

-- WAC-8888888(130)

Beneficiary (if you filed for someone else):

-- Singh, Rajesh

Your USCIS Account Number (A-number):

-- 8888888

Type of service requested:

-- Expedite

The status of this service request is:

I-130 WAC888888888

I-129F WAC88888888

Thank you for your inquiry regarding the above listed petitions. Your petitions were returned to the California Service Center (CSC) by the Department of State/Consulate for further review and was received on February 27, 2009.

The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for a decision, as the required investigation into your background remains open. Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within six months of this letter, you may contact us by calling the USCIS National Customer Service Center at 1-800-375-5283.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

any body have idea about this

All that this says to me is that they haven't made a decision yet, one way or the other. And considering that they just barely got it back in February they probably haven't even started reviewing the case.

Kiyah has suggested, and I agree with her, that you need to hire an immigration lawyer. I have a feeling that this process is not something that you are able to follow without professional guidance. Please consider hiring someone to assist you.

My next suggestion is to ask your rep to follow up with the USCIS every 2 weeks to see how your case is. But I will warn you, don't expect any action for several more months. Nor do I suggest that you contact them repeatedly. They are not going to work on your case any faster than they see fit, so it is a waste of time. A couple of times a month is adequate to let them know that you are not giving up.

hello

in this letter uscis said they recived both petition from dos.

but i-130 was never sent to nvc/dos

only i-129 returned

[~kiyah~ 14]

I can't say for sure, this is where an immigration attorney experienced in this specific area should be helping you with.

This sounds strange to me, if the I-130 is lost, how can they do background checks or any kind of review on it? That makes no sense to me.

Regardless, it is possible that the I-129 for K3 is what was returned...the USCIS does have the option of holding back the I-130 for review as well, and not just sending that through to the consulate once approved.

Honestly I cannot say with any degree of certainty that they will cancel the K3 and move forward with the CR1 by reviewing it. They have to either review the K3, or close it due to expiration...by the way you say this letter is written, it sounds like they will review the K3.

In this event if they feel it is necessary to send you an NOIR/NOID, they will. There are some cases where the petitioner does not receive an NOIR/NOID...the case is reviewed and the USCIS sends the petition back directly to the consulate along with a recommendation to issue a visa.

Unfortunately there really is no way for someone like me to determine what they will do in any given case. You could hire an immigration attorney and contact your congressional representative to attempt to find these things out for you. It is possible for a lawyer and/or congressional rep to find out exactly what is going on with both cases.

~kiyah~

i calleed uscis they told they cant tell any thing because they doing background check. DOS cant tell anything advised to wait for uscis reply. congressman , cant tell anything advised to wait for uscis reply. he already sent letter to uscis but uscis not even reply congressman

================================================================

U.S. Citizenship and Immigration Services

Monday, May 4, 2009

Emailed to =======

Dear M. Singh:

On 05/01/2009 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:

-- Applicant or Petitioner

Attorney Name:

-- Information not available

Case type:

-- I130

Filing date:

-- 09/21/2007

Receipt #:

-- WAC-8888888(130)

Beneficiary (if you filed for someone else):

-- Singh, Rajesh

Your USCIS Account Number (A-number):

-- 8888888

Type of service requested:

-- Expedite

The status of this service request is:

I-130 WAC888888888

I-129F WAC88888888

Thank you for your inquiry regarding the above listed petitions. Your petitions were returned to the California Service Center (CSC) by the Department of State/Consulate for further review and was received on February 27, 2009.

The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for a decision, as the required investigation into your background remains open. Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within six months of this letter, you may contact us by calling the USCIS National Customer Service Center at 1-800-375-5283.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

any body have idea about this

All that this says to me is that they haven't made a decision yet, one way or the other. And considering that they just barely got it back in February they probably haven't even started reviewing the case.

Kiyah has suggested, and I agree with her, that you need to hire an immigration lawyer. I have a feeling that this process is not something that you are able to follow without professional guidance. Please consider hiring someone to assist you.

My next suggestion is to ask your rep to follow up with the USCIS every 2 weeks to see how your case is. But I will warn you, don't expect any action for several more months. Nor do I suggest that you contact them repeatedly. They are not going to work on your case any faster than they see fit, so it is a waste of time. A couple of times a month is adequate to let them know that you are not giving up.

hello

in this letter uscis said they recived both petition from dos.

but i-130 was never sent to nvc/dos

only i-129 returned

This definitely looks like they are going to hold the I-130 back due to the review of the I-129. So, the only thing you can do right now is wait for the review to be completed and you receive an NOID (Notice of Intent to Deny). In the meantime, continue to gather evidence of your relationship and marriage...and hire a good immigration attorney who has proven experience with returned/denied petitions/applications. They can assist you in the rebuttal when the NOID comes.

You are going to have some time, at least a few months, so if there is any way for you to go and visit your husband then I would do it. This is going to be one thing the USCIS will look for during the review of your rebuttal submission. They want to see if you have visited each other in person since the file was returned. So go if you can, take a lot of photos and spend a good time together.

When you return, prepare for the NOID that will come so you are ready to respond quickly when it does.

~kiyah~

[Natashas_eyes 0]

Thank you for this information, however, he was never given a 221G, he was told he would be called and then less than a week later, it was returned "based on a recommendation from the adjudicating officer and there is no appeal possible at this point. My Senator received the same response from his inquiry. We weren't told anything, we were waiting on a phone call. The interview went well, we had everything we needed.

Something seems to change, odd. Emails and phone calls haven't given me an answer and USCIS told me they cannot help until they receive the pouch.

However, when noting my concern regarding his I-797 (k1 Visa by the way) he said that wouldn't be a problem. He kept telling me we have not been denied, it sounded like a second review.

Should ask my senator to inquire further?

Thanks

Reposting this for a friend in need...gotta figure out how to get this placed at the top as a guide!

Here is what is happens when a petition is returned:

• 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
• Petition is returned to the United States by the interviewing consulate for "further review" in what is called a diplomatic pouch.
• Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
• Returned petition is sent to the local service center where the petition was originally filed.
• Local service center receives returned petition.
• Local service center who processed the original petition sends a notice of receipt to the petitioner.
• Local service center reviews the returned petition and consular officer notes on the case.
• Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
• Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
• Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either reaffirmed or denied.
• If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be be appealed if the denial letter states such.
• If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
• Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
• Consulate notifies the beneficiary of a new interview date.
• Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via 221(g) and returned again to the USCIS.

What can you do immediately when faced with this issue:

• Immediately have the beneficiary send a scanned copy of the 221(g) issued.
• Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned.
• If you are unable to get through to the consulate on the phone, contact them via email, and if you're mail has a "read verification" use it.
• Contact your congressman/senator, get them involved immediately. You will need to sign a release form giving them permission to make an inquiry on your behalf.
• Provide your congressman/senator with as much information as possible about your case, the interview, and the result.
• If your congressman/senator is top notch, they will not just send an email or letter to the consulate, they will call on the phone and try to get the petition reviewed again before it is sent back.
• If they are not successful, they can request the diplomatic pouch number the petition is being returned in. This number will allow you to track the petition until it is received by the local service center.

If you do not know who your congressman/senator is, use the following links to find out who represents your area:

• US Congressional Representatives (By State)
• US Senators (By State)

If the petition is returned, you are in for a wait. The diplomatic pouch the petition is returned in is sent from embassy to embassy picking up other returned petitions along the way. It could take up to 2 or 3 months for it to be received by fraud management at the NVC...then the NVC has the petition for about 1 month before sending it to the local service center where it was originally filed. One thing to also know is that returned petitions do not take priority...they are reviewed in the order they are received...that is after new petitions have been processed.

What you can do in the meantime while you wait:

• Continue contacting the consulate to get an actual reason for the return...not the blanket "validity of relationship" response.
• Stay in contact with your congressman/senator, they can assist you in getting the actual reason for denial.
• Immediately file a Freedom Of Information Act request for the Department of State asking specifically for the consular notes on your returned petition: DOS FOIA
• Immediately file for a Freedom of Information Act request for the USCIS asking for the same specific consular notes on your returned petition: USCIS FOIA
• Continue to document your relationship, emails, letters, phone bills, visits to their country, etc.
• Be ready for the opportunity to rebut the consular findings.
• Contact a good immigration attorney...preferrably one who has experience in returned and denied petitions.

After a period of 6 months or longer has passed and you do not hear anything from the local service center regarding the receipt of your return, or the results of the review, you can contact the CIS Ombudsman. While the Ombudsman cannot make the USCIS reaffirm your returned petition, they can assist when processing times are outside of guidelines

• USCIS OMBUDSMAN

Now, there are some differences between returned fiance petitions and marriage petitions. The K1 is especially at risk due to the expiration of the original approval, many returned K1s are not given the opportunity to rebut, they receive a notice telling them their K1 has expired and may file again at any time...this is why the FOIA is so important. You need to know the exact reason the petition was returned, just filing again is a huge risk if you do not know why the petition was returned in the first place.

While the K3 does have an expiration date also, they are treated more seriously. I have not known anyone who has had a returned K3 not being given the opportunity to rebut. Obviously the CR1 does not expire. Still, it is very important to file the FOIA, not every service center will tell you exactly what the consular office findings or objections to issuing the visa are. Some people are only asked to provide more evidence of their relationship.

~Kiyah~