USCIS requested my petition be returned by NVC

[RIbeneme 2]

We have received our approval letter from USCIS on February 4, 2013. We were almost finished with the NVC application, we were waiting for his Police Certificate from UK, and then that part was complete. I received a letter on May 5, 2013 that NVC returned my petition back to USCIS and to direct any further inquiries to them. I call USCIS and they told me that when a visa is denied that it gets set back, however, my husband did not even have his interview yet. I then called NVC to find out why it was denied and they told me that they don't have the power to do that and that USCIS "REQUESTED" it be retuned to them. I called USCIS AGAIN, and they said that they don't have it is their system as of yet to tell me the reasoning behind all this and to give them 30 days for them to get it and then they can tell me. I have an appointment at the immigration office on Tuesday, May 21, 2013 to try to get some answers sooner. Has this happened to anyone else before?? Can anyone tell me what reason they may have had for doing this?? My husband and I are both totally devistated over this. We have not seen each other in over 5 months and now we have no idea when this will all be finished. I am desperate for answers. PLEASE HELP!!!

[dwheels76 5,469]

We have received our approval letter from USCIS on February 4, 2013. We were almost finished with the NVC application, we were waiting for his Police Certificate from UK, and then that part was complete. I received a letter on May 5, 2013 that NVC returned my petition back to USCIS and to direct any further inquiries to them. I call USCIS and they told me that when a visa is denied that it gets set back, however, my husband did not even have his interview yet. I then called NVC to find out why it was denied and they told me that they don't have the power to do that and that USCIS "REQUESTED" it be retuned to them. I called USCIS AGAIN, and they said that they don't have it is their system as of yet to tell me the reasoning behind all this and to give them 30 days for them to get it and then they can tell me. I have an appointment at the immigration office on Tuesday, May 21, 2013 to try to get some answers sooner. Has this happened to anyone else before?? Can anyone tell me what reason they may have had for doing this?? My husband and I are both totally devistated over this. We have not seen each other in over 5 months and now we have no idea when this will all be finished. I am desperate for answers. PLEASE HELP!!!

Yes this happened to someone else from Nigeria in October. They were at NVC waiting for Case Complete and suddenly their case is sent to USCIS. It took a 2 months of back and forth and we don't have it to finally resolve and get casefile back to NVC.

Unfortunately USCIS kept all the NVC documents and my friend had to redo everything. so instead of a case complete in October it was a case complete in March. But happy ending husband just POE last week so everyone is happy.

The reason given to them that it was sent back was that they were doing K3 and withdrew the I-129F instead of letting it die and I guess it confused USCIS or something,

Did you file a I-129F also and withdraw it by chance?

You just have to be diligent and stay on USCIS butt. They will say they don't have until they have it. Sorry for your delay.

[RIbeneme 2]

No, I filed an I-130 and he was issued a CR-1 visa. We have done nothing but continue to send in the documentation required to get it complete, that is why we do not understand what is happening. He already had his health exam as well and now we are afraid we will have to do it again and pay all the fees over again. i will be one IRATE female if they keep all of our ORIGINAL documents!!!! This process costs enough money and to have get them over again with the waiting times.... NO WAY!!!

[NigeriaorBust 4,087]

Every once in a while the USCIS officer forgets to attach the check list to the case and then has to call the case back to add the check list. To me it would be easier to mail the missing items to NVC but that is the government

[RIbeneme 2]

What check list?? I'm not sure what you are referring to. Thank you for your response, both of you!!

[NigeriaorBust 4,087]

The one they tick off that your petition had all the things needed and approve the petition. Not something you sent. They may have separated some other papers also.

[RIbeneme 2]

Will it take them another 3 months to return it to NVC if that is the problem??

[Ryan H 3,834]

No, I filed an I-130 and he was issued a CR-1 visa.

The statement I put in bold is impossible at this time because an interview at the Consulate has not yet occurred.

[RIbeneme 2]

Yes, it is possible. He has been issued a visa because he is the Spouse of an American Citizen. What you get after your interview is your visa number to go along with that visa. He has a visa ready in his name but cannot travel to the US yet because he does not have the visa number and it is not yet stamped in his passport. This info came directly from USCIS.

[Ryan H 3,834]

Yes, it is possible. He has been issued a visa because he is the Spouse of an American Citizen. What you get after your interview is your visa number to go along with that visa. He has a visa ready in his name but cannot travel to the US yet because he does not have the visa number and it is not yet stamped in his passport. This info came directly from USCIS.

USCIS doesn't issue visas, the task of adjudicating an actual visa application and deciding on whether or not to issue a visa is the exclusive purview of the State Department's Bureau of Consular Affairs (i.e. a Consular Officer at an Embassy or Consulate). Since you stated your information came from an agency that does not issue visas to begin with, I stand by my original statement.

[RIbeneme 2]

You can take that up with USCIS. I don't have time for your nonsense and negativity and unless you are employed by anyone of the government facilities, I will take there information over yours every time!! BTW, thank you for taking the time out to critique my question but yet offer no help to help my dilema, how mature of you!! I will pray your life gets better for you since it is so bad that you have nothing better to do than try to bring down others. May GOD bless you!!

[Ryan H 3,834]

I really don't care if you believe me or not; it doesn't make what I said any less true. I've seen it posted many times over on VJ how USCIS gives out inaccurate information over the phone; plus I've taken the time to look through all applicable laws. I also correct inaccurate information for the benefit of others who may be reading this forum.

[dwheels76 5,469]

No, I filed an I-130 and he was issued a CR-1 visa. We have done nothing but continue to send in the documentation required to get it complete, that is why we do not understand what is happening. He already had his health exam as well and now we are afraid we will have to do it again and pay all the fees over again. i will be one IRATE female if they keep all of our ORIGINAL documents!!!! This process costs enough money and to have get them over again with the waiting times.... NO WAY!!!

Yikes you did the Medical so soon? How were you able to get that done without the interview letter in Lagos? WOW. You realize you only have 6 months from that medical to get to US.

As far as how long. No one knows. Because no one knows why your case was returned.All you can do is keep calling USCIS only speak with a Tier 2 Supervisor.

Now i have to speak on the subject of the Visa you said is already issued which is impossible, That's done at embassy. USCIS is called the mis-information line for a reason.

Your DS-230 you send to NVC is the actual Immigration Visa application. If married under 2 years you will be issued a CR-1 at interview. Over 2 years IR-1.

Whoever at USCIS who told you this was either high or very very confused. Sorry

Yes, it is possible. He has been issued a visa because he is the Spouse of an American Citizen. What you get after your interview is your visa number to go along with that visa. He has a visa ready in his name but cannot travel to the US yet because he does not have the visa number and it is not yet stamped in his passport. This info came directly from USCIS"

Here's hoping USCIS returns all documents. But they aren't know to return originals of anything.

Just keep on them. God Bless.

[LoveNigarmostyle 164]

You can take that up with USCIS. I don't have time for your nonsense and negativity and unless you are employed by anyone of the government facilities, I will take there information over yours every time!! BTW, thank you for taking the time out to critique my question but yet offer no help to help my dilema, how mature of you!! I will pray your life gets better for you since it is so bad that you have nothing better to do than try to bring down others. May GOD bless you!!

It would be most appropriate to respect the VJ members, who have more experience and knowledge in this visa journey even though you might think you have ALL the facts right which might not make sense to those who are more experienced. I have not heard of what you are saying either.

USCIS approves petitions doesn't give visas. Petitions then are sent to NVC for further processing. Once the petition is completed then it's forwarded to Nigeria or any country in question. The visa is ready to be issued but the CO has the final say if he does or doesn't give out the visa to the spouse or the fiance.

If you got a visa at the USCIS level? then why go through the interview process? I believe no one is trying to bring you down, it is just that this VJ can be difficult and confusing. We all have been there and done that. It is very important to keep your cool and open mind for we are here to help not make it more difficult or negative. But you have to understand that a valid point is being made here.

Best of luck to you and please keep in mind we are here to help and not judge. God bless you too! Good luck!

Edited May 15, 2013 by LoveNigarmostyle

[RIbeneme 2]

I understand where the 2 of you are coming from and yes, we know he only 6 months now and 1 reason why we are so angry at this happening. All I was saying is that they told me that he has a visa reserved in his name but cannot yet travel until he goes through his interview process and is given his visa number. I have no problems taking help from others that have been through this before, however, I did not put up a question to be critisized about it. Had they said, I have never heard of this before, who told you this, or I am not sure that you received the correct information but here's how I may be able to help you.... I would not have had a problem but to come off the way they did to just "CORRECT" me instead of helping there was no need for them to even comment. Thank you for the help that the other 2 have offered!! It has been GREATLY appreciated. I will keep you updated as to what the Immigration has to say at my appointment on Tuesday.