returned 1-129F petition for fiance

[Tammmy 0]

My approved petition for my fiancé has been sent back to USCIS by the embassy in Afghanistan where my fiancé is. After his first interview they asked him to come in for a second interview and to bring our engagement video which was already sent by me to USCIS with additional proof of our engagement. After my fiancé had his second interview I received an email from the embassy stating they have sent our case back to USCIS for reconsideration and disposition. My fiancé was never notified or given a reason I have sent several emails to the embassy for over a month now and have not received a single reply. USCIS has told me to allow 120 days after it has been returned for them to review. I am afraid they will not review it and just send me a letter that is will be revoked because our petition was approved in September of 2012 and finace visa's are only valid for 4 months. I have contacted my congressman but, he was no help. What are my options should I hire an attorney and take them to court?

[Darnell 8,478]

Your petition is going back to VSC, and usually VSC just allows the I-129F petition to expire; you'll get a notice about it after the 'I-129F duration of validity' date has expired.

Suggest, instead, to file a new I-129F (provided you've seen yer fiance within the last 2 years)

and when filing this new one, include more evidence.

[Sarah Elle-Même 660]

As Darnell said they probably won't reaffirm. What issues stood out at both interviews that your fiance can recollect? What sort of questions did they ask? I don't necessarily need to know, but it would help for you and he to look again at all the evidence presented to them in the petition and application as well as what went on at the interviews. You can also get the ball rolling on a Freedom of Information Act request for the consular officer's notes, which may or may not be helpful in how you proceed next. Note that FOIA requests take a long time to process, several months at least. The instructions are here.

I would wait until you have more information before going to a lawyer. They will need to know why the Embassy refused to issue the visa so they can tell you if you have any options. There is no going to court. The State Department is totally within their rights to deny a visa if they feel all the criteria for issuing one hasn't been met in your fiance's case. Sorry for this bump in the road. Wish you the best of luck for the future.

[farhad 0]

My approved petition for my fiancé has been sent back to USCIS by the embassy in Afghanistan where my fiancé is. After his first interview they asked him to come in for a second interview and to bring our engagement video which was already sent by me to USCIS with additional proof of our engagement. After my fiancé had his second interview I received an email from the embassy stating they have sent our case back to USCIS for reconsideration and disposition. My fiancé was never notified or given a reason I have sent several emails to the embassy for over a month now and have not received a single reply. USCIS has told me to allow 120 days after it has been returned for them to review. I am afraid they will not review it and just send me a letter that is will be revoked because our petition was approved in September of 2012 and finace visa's are only valid for 4 months. I have contacted my congressman but, he was no help. What are my options should I hire an attorney and take them to court?

[farhad 0]

Salam Tammy

I believe me and you are in the same both my fiance case was approved too in September but after my fiance interview which she had in Kabul out of nowhere the person who interviews her said u guys are married without any evidence but I showed them evidence engagement party and after all evidence I showed them they sent the case back to uscis and no word so far contacted my lawyer only response I get is wait. Still under AP everytime I check case status. Nafar ke case hay besyaar afghanha ra AZ Kabul pas rawan karda namesh mansoor ast khanesh kharab shawa tamam Afghanha azesh shekayat darad wa makeshift mansoor ast I think case khudat Ham mesle man shuda wa anyway good luck. Only thing we can do is wait

[Tammmy 0]

Salam Tammy

I believe me and you are in the same both my fiance case was approved too in September but after my fiance interview which she had in Kabul out of nowhere the person who interviews her said u guys are married without any evidence but I showed them evidence engagement party and after all evidence I showed them they sent the case back to uscis and no word so far contacted my lawyer only response I get is wait. Still under AP everytime I check case status. Nafar ke case hay besyaar afghanha ra AZ Kabul pas rawan karda namesh mansoor ast khanesh kharab shawa tamam Afghanha azesh shekayat darad wa makeshift mansoor ast I think case khudat Ham mesle man shuda wa anyway good luck. Only thing we can do is wait

[Tammmy 0]

Walaikum salaam,

I am sorry to hear you are going through the same thing, Inshallah we will find justice. My fiancé was integrated like a criminal after his interview with the American officer, he was brought into a different room and told by an Afghan that he is lying and that we are married. I don't know what kind of people they have working there but, I am sure it is because, of this kind of people that Afghanistan is what it is today, a corrupt country!

[Tammmy 0]

Did they give your fiancé a letter with the reason of denial? They are suppose to tell them the reason verbally and in writing. You can check out this link from the Department of State:

When a visa applicant applies for a visa, a consular officer at a U.S. embassy or consulate outside the United States determines whether the applicant is qualified, under all applicable U.S. laws, to receive the particular visa applied for. Applicants found qualified are issued visas after all necessary processing is completed. However, when the consular officer determines that the applicant is ineligible to receive a visa, the visa application is denied. The applicant is informed verbally and in writing of the reason for denial based on the applicable section(s) of law.

I have sent the embassy several emails for over a month know but, have not received a single reply. I will be speaking with a very good attorney this up coming week and if I have to I will go to court. I called USCIS and they told be it will take up to 120 days which is 4 months I can't wait that long, I know they won't review my case and at the end of the 4 months will sent me a bull ###### denial letter.

I will keep you updated and wish you the best of luck. Are you also in New York?

[farhad 0]

Did they give your fiancé a letter with the reason of denial? They are suppose to tell them the reason verbally and in writing. You can check out this link from the Department of State:

When a visa applicant applies for a visa, a consular officer at a U.S. embassy or consulate outside the United States determines whether the applicant is qualified, under all applicable U.S. laws, to receive the particular visa applied for. Applicants found qualified are issued visas after all necessary processing is completed. However, when the consular officer determines that the applicant is ineligible to receive a visa, the visa application is denied. The applicant is informed verbally and in writing of the reason for denial based on the applicable section(s) of law.

I have sent the embassy several emails for over a month know but, have not received a single reply. I will be speaking with a very good attorney this up coming week and if I have to I will go to court. I called USCIS and they told be it will take up to 120 days which is 4 months I can't wait that long, I know they won't review my case and at the end of the 4 months will sent me a bull ###### denial letter.

I will keep you updated and wish you the best of luck. Are you also in New York?

[farhad 0]

salamm tammmy

my fiance she went through days of nonstop crying and the person who accused us being married as i mentionned to you mansoor we gave him all evidence we had. my fiance was treated like a criminal too and he kept telling her tell me the truth i will help you and so on inorder to get a word from her mouth.

i also recieved email saying we no longer have your file and it is sent back to uscis for disposition and reconsideration. i spoke with different lawyers but they told me to wait and on the other hand this is my second petition for fiance once my case was denied in missouri and missouri state law doesnt allow cousin marriage because we are cousins and it took a year then my lawyer advised me to move to a state that allows cousin marriage so i moved to Tennesse and left my parents so i live in nashville Tennesse now headache after headache. khudawand mehraban ast we see what happens i will keep u updated too best of luck.

[farhad 0]

salamm tammmy

my fiance she went through days of nonstop crying and the person who accused us being married as i mentionned to you mansoor we gave him all evidence we had. my fiance was treated like a criminal too and he kept telling her tell me the truth i will help you and so on inorder to get a word from her mouth.

i also recieved email saying we no longer have your file and it is sent back to uscis for disposition and reconsideration. i spoke with different lawyers but they told me to wait and on the other hand this is my second petition for fiance once my case was denied in missouri and missouri state law doesnt allow cousin marriage because we are cousins and it took a year then my lawyer advised me to move to a state that allows cousin marriage so i moved to Tennesse and left my parents so i live in nashville Tennesse now headache after headache. khudawand mehraban ast we see what happens i will keep u updated too best of luck.

but from what i heard it is an automatic denial when it says wait 120 days that is when visa expires and end of case and it is closed

[Cali420 0]

Fill out your timeline !!! Why guys in this site without timeline

[Moomin 292]

salamm tammmy

my fiance she went through days of nonstop crying and the person who accused us being married as i mentionned to you mansoor we gave him all evidence we had. my fiance was treated like a criminal too and he kept telling her tell me the truth i will help you and so on inorder to get a word from her mouth.

i also recieved email saying we no longer have your file and it is sent back to uscis for disposition and reconsideration. i spoke with different lawyers but they told me to wait and on the other hand this is my second petition for fiance once my case was denied in missouri and missouri state law doesnt allow cousin marriage because we are cousins and it took a year then my lawyer advised me to move to a state that allows cousin marriage so i moved to Tennesse and left my parents so i live in nashville Tennesse now headache after headache. khudawand mehraban ast we see what happens i will keep u updated too best of luck.

Hold your horses on just submitting a new i129f when the reason is suspected of being married.

[Tammmy 0]

but from what i heard it is an automatic denial when it says wait 120 days that is when visa expires and end of case and it is closed

Salaam, have you heard anything new about your case? I had contacted my state congressman and senator regarding my issues and I received an update from USCIS sating they have received my case and are reviewing it so I'm glad I got a response from them this fast. Insha’Allah, they will reapprove it and send it back. I also hired an attorney to handle my case from here on and he will deffenitely get me the reason why the embassy sent my case back. Also I advise you to also request a freedom of information act from the department of state and USICS. Ask them specifically for the consular notes on your returned petition. I also wanted to ask you if could ask your fiance to describe how this Mansoor guy looks like because my fiance did not ask for his name. I am curious to find out if it is the same guy.

[farhad 0]

Salaam, have you heard anything new about your case? I had contacted my state congressman and senator regarding my issues and I received an update from USCIS sating they have received my case and are reviewing it so I'm glad I got a response from them this fast. Insha’Allah, they will reapprove it and send it back. I also hired an attorney to handle my case from here on and he will deffenitely get me the reason why the embassy sent my case back. Also I advise you to also request a freedom of information act from the department of state and USICS. Ask them specifically for the consular notes on your returned petition. I also wanted to ask you if could ask your fiance to describe how this Mansoor guy looks like because my fiance did not ask for his name. I am curious to find out if it is the same guy.