Manila Initial approval then sent back to the USCIS

[Hays 0]

HI everyone, I need some serious help. My fiancee was told at the embasy in Manila she was approved on May 16th, 2013. She could pick up her visa and passport at the nearest 2GO office. After a few days, on the CEAC web site it said her case was being transferred to another consular office. We called and emailed the embassy and found her case was sent back to USCIS Vermont Center. Their reason was not enough proof of a relationship. I was there 10 months and used an immigration attorney.

Has anyone encountered this before, Can anyone help with my case., I have contacted my attorney and sent addional information and contacted my Congressman.

PLEASE RESPOND TO ME....HELP!!!!!!!!!!!!!!!!!!!!! My attorney said I can return to the Philippines if I want. (I am a missionary to there and plan on returning)

Thanks

(personal email address removed for privacy reasons - please use the private Personal Messenger feature on Visa Journey instead)

Edited June 22, 2013 by Kathryn41
to remove private email address for security reasons

[Bugs 455]

What proof was provided at the interview? Were you there at the interview with your fiance?

[Ryan H 3,812]

Moved from DCF Discussion to K1 Process & Procedures; OP has stated his fiancee went for an interview which would indicate a fiancee visa was being sought.

[Kathryn41 3,205]

It may be that while you provided the lawyer with lots of proof of the relationship the lawyer neglected to include it in with the package. Has it already been sent back to USCIS? If not, see what you can do to keep it at the Consulate and provide them with the proof directly that the lawyer should have submitted on your behalf.

[Darnell 8,478]

Smells like the lawyer was negligent. What are your plans for dealing with the lawyer?

[LSnBigBear 61]

As others mentioned, did you review your files sent to USICS and to your wife for her interview? This is step one. Did her packet show enough information to show you were there for 10 months along with proof of on-going relationship? Once you have all the above information in front of you then file an appeal. Somehow, somewhere something has been lost in your case or not provided.

My wife and I met another Fil/Am couple near our home here last week. He only visited her for 3 days and they were approved with no issues. Start digging and get involved. Do not leave this to your Attorney alone. Good luck

[Hank_ 9,174]

What evidence was provided for proof of an ongoing relationship to USEM?

... without knowing what was presented it hard to answer.

(hosed by your lawyer?)

[Maxheadspace 48]

If there was insufficient evidence of relationship I would imagine the interviewing consular officer would have looked at it, even if just to verify it was there. It clearly would not receive a NOA2 if there was no relationship evidence at all, and the lawyer does not touch the I-129F any time after the package is sent to USCIS. I doubt there is any lawyer error. So either the evidence was lost at the embassy, or the consular officer decided in his or her judgment that the evidence lacked credibility after verbally approving the visa. From information I've read elsewhere here on VJ, the Service Centers really only look to see that evidence of relationship is included, but not whether the evidence meets any specific threshold. Without seeing what was provided as evidence it is impossible to say whether it realistically met a common sense threshold.