NVC now has returned/refused K-1 Visa under administrative processing

[Jarun 1]

Here in lovely India with my love, so after K1 Visa refusal at Mumbai consulate, have been searching as to where the returned petition is - consulate said sent to NVC - NVC said sent to Consulate, etc. Today NVC now states they do have the petition as of 3-22-13 and it is under administrative processing and cannot give a time line on that, but we will be notified when appropriate. We don't know what that means or if it is a good thing, maybe NVC will review it and send back to the consulate to approve the Visa, that is wishful thinking. At least now we know where it is - honestly we have so many emails stating exact opposite from USCIS, the Consulate and National Visa Center and Vermont Service Center. I am not certain if they all understand the connection, that we were asking: where is the refused application and original I-129 petition, where are the consulate notes so we may review and correct what is needed for credible relationship, etc. We still don't know if we should wait this out while NVC is reviewing, or file another I-129. - I know we posted earlier under is there any point in filing another I-129F after 1st refusal. We still thought should do 2nd attempt for K-1; if it doesn't happen 2nd time, then on to marriage in India. ANy ideas? Thanks for listening

[Inky 1,110]

Moved from K-1 process to AP 221g forums as the OP has been denied under 221g and sent back to NVC.

[Cathi 5,748]

Usually when K-1's are sent back to USCIS the petition will expire before it is re-adjudicated. You will most likely have to file again or get married and file an I-130. Before re-filing you must find out the specific reasons for denial, and address those reasons, or filing a new petition will most likely be denied as well.

Edited April 9, 2013 by mimolicious

[Jarun 1]

Usually when K-1's are sent back to USCIS the petition will expire before it is re-adjudicated. You will most likely have to file again or get married and file an I-130. Before re-filing you must find out the specific reasons for denial, and address those reasons, or filing a new petition will most likely be denied as well.

We have been quite diligent in pursuing the specific reasons for denial, still waiting for some valuable input. To date, nothing has been shared with us from either USCIS, NVC or the Consulate. All responses have been polite but no info, one indicated the consular notes are not included in freedom of information act. The Consulate said to contact NVC, NVC said to contact Consulate, etc. So hope to get something from someone, will still file 2nd I-129F petition upon return from this trip end of month

[jawad7575 0]

On 4/9/2013 at 9:01 AM, Jarun said:

Here in lovely India with my love, so after K1 Visa refusal at Mumbai consulate, have been searching as to where the returned petition is - consulate said sent to NVC - NVC said sent to Consulate, etc. Today NVC now states they do have the petition as of 3-22-13 and it is under administrative processing and cannot give a time line on that, but we will be notified when appropriate. We don't know what that means or if it is a good thing, maybe NVC will review it and send back to the consulate to approve the Visa, that is wishful thinking. At least now we know where it is - honestly we have so many emails stating exact opposite from USCIS, the Consulate and National Visa Center and Vermont Service Center. I am not certain if they all understand the connection, that we were asking: where is the refused application and original I-129 petition, where are the consulate notes so we may review and correct what is needed for credible relationship, etc. We still don't know if we should wait this out while NVC is reviewing, or file another I-129. - I know we posted earlier under is there any point in filing another I-129F after 1st refusal. We still thought should do 2nd attempt for K-1; if it doesn't happen 2nd time, then on to marriage in India. ANy ideas? Thanks for listening

i have same situation,did u get any news.thnk u

[Jarun 1]

Unfortunately, we did not get the fiance visa in the end and did not attempt to file again.  This was over 4.years ago and after consulting and more review of our situation, were told our chances slim.  So we have continued our relationship with no marriage and i moved permanently to India, we are happily together still!