What now??????????

[Lonelywithouthim 5]

Hi All,

Below is the email I received this morning from the Nairobi embassy....what do we do now. Please help :crying: :crying:

"I am writing in response to your October 17, 2012 email on behalf of your fiancé.  Thank you for your patience in awaiting a reply.

 

Our review of our records found that he was interviewed at the Nairobi, Kenya.  After the interview and a thorough review of the application and information provided during his interview, the consular officer determined that he was not eligible for the visa category for which he was applying.  The petition was returned to the U.S. Citizenship and Immigration Services (USCIS) for their review on October 16, 2012 via diplomatic pouch number Xxxxxx.

 

While we are sensitive to his concerns, we have no additional information on this case.  After USCIS completes its review, you will be contacted and provided an opportunity to address any issues relating to the petition and visa application.  Since Nairobi no longer has jurisdiction over the case we suggest that you send any questions he may have directly to USCIS.  Public inquiries for USCIS can be made at 1-800-375-5283.  Useful information is also available on their website, www.uscis.gov. "

[Hypnos 6,578]

USCIS will either reconfirm the case and send it back to the embassy or send you a Notice of Intent to Revoke, at which point you will need to put together evidence which directly rebuts whatever conclusions that USCIS feel that they have reached with regards to your case.

This process will likely take several months.

[Lonelywithouthim 5]

would getting a lawyer at this point help?

[djricky4 67]

No lawyer yet. USCIS will review the petition again and tell you if its approved or denied. if denied, thats when u get a lawyer. Its possible, the consulate sent their reason for denial after conducting AP to USCIS. good luck

[Lonelywithouthim 5]

No lawyer yet. USCIS will review the petition again and tell you if its approved or denied. if denied, thats when u get a lawyer. Its possible, the consulate sent their reason for denial after conducting AP to USCIS. good luck

Thanks for the explanation, i wasn't sure what the status was now. This is torture......

[Ebunoluwa 6,136]

According to your interview review something needed clarifying on the forms, what was that ?

Has he ever filed a previous visa application, student or B2 ?

Did you go in with your fiance, did they see you or talk to you or were they aware that you were waiting outside ?

Did they look at the evidence and photos from your visits at the 2. interview and did you submit or did they look at continuing communication proof ?

Was he given a letter with a series of letters and numbers ?

Was anything written or checked on the letter ? (221g letter, code marker)

Did they write on a letter or in an email that the case was returned with recommendation to revoke (or review ) the petition ?

Contact your senator and give him your case number and diplomatic pouch number/date of the returned case.

He can't do anything besides stay on top of your case and prevent you falling through the cracks at this point. He can write a letter urging/requesting a review and reaffirmation of your case and periodically make a status inquiry. He should most importantly ask them the reason for the return.

He may or may not get a more detailed answer.

Find out if there was a misrepresentation ( previous applications are cross checked) or just their finding of "lack of bona fide."

It will take about 1-2 months to be entered into the system at USCIS and then transferred to VSC, your service center.

The good news is that Vermont often reaffirms cases and sends them back to the embassy saying approve it, in which case

the CO can approve it or return it a 2.time. It is a tug of war between USCIS and DOS/embassy.

CSC, the "other" service center usually lets it expire at which time one is free to refile. Then you start from square one.

Vermont is usually quicker (4month)then CSC (6month and up) to respond to returned K1's and sometiems they don't respond at all, therefore it's

a good idea to have a senator inquire from time to time.

Several things can happen :

They send you a denial.

They reaffirm and send the case back to the embassy. Sometimes this happens quickly, sometimes not.

They will send you a NOID/NOIR letter and give you 30 days to submit anything to make your case bona fide.(If bons fide is indeed the issue)and decide

from that evidence to deny or reaffirm.

You hear nothing for months and fall through the cracks as you are sitting in a stack of papers and no longer a priority.( Less likely VSC).

Be proactive, even though you won't hear back, your phone calls and emails will be entered into the system. That looks like you are

still motivated to move forward.

Have your mail box clearly marked with name and street number for a letter from USCIS or you will receive a "undeliverable status" update.

Check your status online frequently.

Keep the senator motivated to keep on top of the case.

If denied or receiving a NOID/NOIR letter to respond to, you have the option to now consult an attorney who specializes in returned cases.

I recommend VJ member Mark Ellis, a very capable attorney, for at least a consult.

If he gives you the all clear to refile you can then either refile a K1 or marry and file a CR1 (in which case the bona fide is a bit stronger

this time around.)

If there are other complications besides bona fide (such as misrep ) you need to overcome them and marrying or refiling won't help. Then it is definitely lawyer time.

Best wishes for a speedy reaffirmation.

[vok 0]

Sorry to hear that, is just so unfair for innocent people to go through all this torture. As other friend said just stay on top of your case, I have seen people who have gone through the same road and got their visa, I wish you all the best will pray for you.

[Lonelywithouthim 5]

According to your interview review something needed clarifying on the forms, what was that ?

Has he ever filed a previous visa application, student or B2 ?

Did you go in with your fiance, did they see you or talk to you or were they aware that you were waiting outside ?

Did they look at the evidence and photos from your visits at the 2. interview and did you submit or did they look at continuing communication proof ?

Was he given a letter with a series of letters and numbers ?

Was anything written or checked on the letter ? (221g letter, code marker)

Did they write on a letter or in an email that the case was returned with recommendation to revoke (or review ) the petition ?

Contact your senator and give him your case number and diplomatic pouch number/date of the returned case.

He can't do anything besides stay on top of your case and prevent you falling through the cracks at this point. He can write a letter urging/requesting a review and reaffirmation of your case and periodically make a status inquiry. He should most importantly ask them the reason for the return.

He may or may not get a more detailed answer.

Find out if there was a misrepresentation ( previous applications are cross checked) or just their finding of "lack of bona fide."

It will take about 1-2 months to be entered into the system at USCIS and then transferred to VSC, your service center.

The good news is that Vermont often reaffirms cases and sends them back to the embassy saying approve it, in which case

the CO can approve it or return it a 2.time. It is a tug of war between USCIS and DOS/embassy.

CSC, the "other" service center usually lets it expire at which time one is free to refile. Then you start from square one.

Vermont is usually quicker (4month)then CSC (6month and up) to respond to returned K1's and sometiems they don't respond at all, therefore it's

a good idea to have a senator inquire from time to time.

Several things can happen :

They send you a denial.

They reaffirm and send the case back to the embassy. Sometimes this happens quickly, sometimes not.

They will send you a NOID/NOIR letter and give you 30 days to submit anything to make your case bona fide.(If bons fide is indeed the issue)and decide

from that evidence to deny or reaffirm.

You hear nothing for months and fall through the cracks as you are sitting in a stack of papers and no longer a priority.( Less likely VSC).

Be proactive, even though you won't hear back, your phone calls and emails will be entered into the system. That looks like you are

still motivated to move forward.

Have your mail box clearly marked with name and street number for a letter from USCIS or you will receive a "undeliverable status" update.

Check your status online frequently.

Keep the senator motivated to keep on top of the case.

If denied or receiving a NOID/NOIR letter to respond to, you have the option to now consult an attorney who specializes in returned cases.

I recommend VJ member Mark Ellis, a very capable attorney, for at least a consult.

If he gives you the all clear to refile you can then either refile a K1 or marry and file a CR1 (in which case the bona fide is a bit stronger

this time around.)

If there are other complications besides bona fide (such as misrep ) you need to overcome them and marrying or refiling won't help. Then it is definitely lawyer time.

Best wishes for a speedy reaffirmation.

Thank you sooo much for the information......I hope we both come through it and are united with the one we love. God help us!

[Lonelywithouthim 5]

Sorry to hear that, is just so unfair for innocent people to go through all this torture. As other friend said just stay on top of your case, I have seen people who have gone through the same road and got their visa, I wish you all the best will pray for you.

I hope so, I would love to read more of those that went through the same situation and received the visa but don't know how to find them here. If you know of anyone on VJ, please let me know. Thank you again for your supportive words and good wishes.

[Ebunoluwa 6,136]

I hope so, I would love to read more of those that went through the same situation and received the visa but don't know how to find them here. If you know of anyone on VJ, please let me know. Thank you again for your supportive words and good wishes.

You can make a VJ search ( upper right corner ) by entering " reaffirmed petition" or "returned K1".

There is lots of information to read here. There is also a pinned thread in the MENA forum.

Remember that K1's and CR1's are processed differently when returned. CR1's do not expire whereas K1's do.

[NigeriaorBust 4,087]

You are a vermont filer so your K1 stands a chance of being reaffirmed or it may be declared expired. Write down everything that happened during the interview as exactly as possible. There may be a clue. It sounds like they declared your relationship non Bonefide making him unable to get a K1 visa. It is typical embassy cr-p.

[Ben and Jill 37]

I'm so sorry, Aster. This Embassy is simply unbelievable. Ebunoluwa's advice is spot on...do what it says in that post. I'd move to Eritrea at this point and follow through with all this other ####### from there. SO FRUSTRATINGGGGGGGG.................

Edited October 19, 2012 by Ben and Jill

[TBoneTX 46,284]

*** Thread shifted from K-1 Process to K-1 Case Filing & Progress. ***