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Filed: Citizen (apr) Country: India
Timeline
Posted

I just got word our case was revoked and sent back to USCIS. I'm in absolute shock. What happens next? I'm going to be getting a lawyer involved.

could you please explain what happened at interview and update your timelines

 

Screen Shot 2017-07-26 at 9.58.34 AM.png

--Green Card Conditions Removal Process - GC will be expired on 10/27/2016---

26-07-2016- I-751 sent to Vermont Service Center

01-08-2016-- NOA1

01-09-2016 --BioMetrics

07-03-2017-- Date of Decision (Approved)

07-25-2017 -- 10 Years Green Card Received

 

--N-400 Citizenship Process--

08-01-2017- Submitted Application via Online

08-02-2017- NOA

08-05-2017- Biometrics scheduled for 09-04-2017 at Charlotte

08-22-2017- Biometrics - Completed

08-22-2017- Interview Scheduled' status update (in-line)

10-18-2017- Interview was Scheduled' status update in myUSCIS

10-19-2017- Status updated in Online account and Interview pdf available 

11-27-2017- Interview Date (Approved)

11-30-2017- Oath Ceremony ( I am US Citizen Now :jest:)

 

My US Journey Ends Here. Thanks to everyone and all the best for new applicants.

 

 

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

My husband has his interview on September 1st at 730am. His fingerprints were taken promptly after him entering the embassy but then had to wait an hour before being interviewed. The consular officer was an American man who spoke Arabic. He treated my husband poorly from the start and told him his English sucked. The interview lasted only 30 minutes. Asked how we met, where I went to school and did I graduate, the names of my family members, very basic questions. The CO told my husband at the end he believed he was not telling the truth because of our language barrier and gave him a paper requesting our chat logs from Facebook since that is how we commonly communicate. My husband tried to show the CO more evidence he had brought with him but he refused to look at it. Simply told my husband "I want more" in a rude tone and ended the interview.

We submitted 50 pages of chat logs that spanned our entire relationship. They requested his passport on September 10th so I thought all was fine. I emailed Cairo to confirm they got his passport. They told me they had but the case had been sent back to USCIS for re adjucation and to contact USCIS for the status.

0fb4b110-8058-4795-a9f6-fc7490beaf3d.jpg

Posted

Only USCIS can revoke the underlying I-130 petition, not DoS. DoS will return the file to USCIS and state their reasons for why they believe your I-130 approval should be revoked. USCIS will either agree with DoS' recommendations and send you a Notice of Intent to Revoke (NOIR), or disagree, re-affirm your approval, and send it back to the NVC.

If USCIS decides to issue a NOIR you will have an opportunity to rebut the negative points that USCIS have decided.

You should file a FOIA request in order to obtain a copy of the case file from the embassy which will tell you why they denied the visa.

It will take around 6 months for USCIS to decide what action they are going to take. You should strongly consider retaining an immigration attorney experienced in these sorts of cases, or at the very least consult with them.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

My husband has his interview on September 1st at 730am. His fingerprints were taken promptly after him entering the embassy but then had to wait an hour before being interviewed. The consular officer was an American man who spoke Arabic. He treated my husband poorly from the start and told him his English sucked. The interview lasted only 30 minutes. Asked how we met, where I went to school and did I graduate, the names of my family members, very basic questions. The CO told my husband at the end he believed he was not telling the truth because of our language barrier and gave him a paper requesting our chat logs from Facebook since that is how we commonly communicate. My husband tried to show the CO more evidence he had brought with him but he refused to look at it. Simply told my husband "I want more" in a rude tone and ended the interview.

We submitted 50 pages of chat logs that spanned our entire relationship. They requested his passport on September 10th so I thought all was fine. I emailed Cairo to confirm they got his passport. They told me they had but the case had been sent back to USCIS for re adjucation and to contact USCIS for the status.

I wonder why the CO would think he wasn't speaking the truth because of the language barrier. That really sucks!!! Since when has language barrier stand as proof of refusal or denial.

Just wait to hear from USCIS, I pray it get sorted out soon.

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

Only USCIS can revoke the underlying I-130 petition, not DoS. DoS will return the file to USCIS and state their reasons for why they believe your I-130 approval should be revoked. USCIS will either agree with DoS' recommendations and send you a Notice of Intent to Revoke (NOIR), or disagree, re-affirm your approval, and send it back to the NVC.

If USCIS decides to issue a NOIR you will have an opportunity to rebut the negative points that USCIS have decided.

You should file a FOIA request in order to obtain a copy of the case file from the embassy which will tell you why they denied the visa.

It will take around 6 months for USCIS to decide what action they are going to take. You should strongly consider retaining an immigration attorney experienced in these sorts of cases, or at the very least consult with them.

Thanks for the info. I'm getting a meeting with an attorney tomorrow.

0fb4b110-8058-4795-a9f6-fc7490beaf3d.jpg

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

The embassy did not revoke your case, they refused to issue the visa.

USCIS will send you a NOID/NOIR letter to which you must respond to rebut your case.

Many people have received their NOIR's after 2-4 months, some 6 months.
You don't need an attorney for this in my opinion if you know how to respong to the NOIR.

If they accept your NOIR response they will again send your case via NVC to the embassy for another interview.

A FOIA can take longer than a NOIR but may shed some light on the refusal, if you do file a FOIA be very specific in your request, detailed

questions and ask for CO notes or you will get a blanket answer.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Filed: K-1 Visa Country: Egypt
Timeline
Posted

I recommend you get an attorney, my daughter did after she got denied the first time for the same excuse that her fiancé did not speak English, that was not true 2nd petition with attorney and Senotor my son inlay is here and married.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

The "non common language" response must becoming common place. My fiance had her interview in Ho Chi Minh city, VN and was given a 221g. That had a list of about 12 questions for me! One of the questions was how do we comunicate with a non common langauge. I was able to explain that she has taken English classes for a little while, but has no one there to speak it with. As for me, My neighbors are Vietnamese and I am envited over to gatherings they have and they all speak in Vietnamese, so after about 7 years, I have a basic (though crude) understanding of the language. That was good enough for them. She will be here Wednesday! Good luck.

Filed: K-3 Visa Country: Thailand
Timeline
Posted

My husband has his interview on September 1st at 730am. His fingerprints were taken promptly after him entering the embassy but then had to wait an hour before being interviewed. The consular officer was an American man who spoke Arabic. He treated my husband poorly from the start and told him his English sucked. The interview lasted only 30 minutes. Asked how we met, where I went to school and did I graduate, the names of my family members, very basic questions. The CO told my husband at the end he believed he was not telling the truth because of our language barrier and gave him a paper requesting our chat logs from Facebook since that is how we commonly communicate. My husband tried to show the CO more evidence he had brought with him but he refused to look at it. Simply told my husband "I want more" in a rude tone and ended the interview.

We submitted 50 pages of chat logs that spanned our entire relationship. They requested his passport on September 10th so I thought all was fine. I emailed Cairo to confirm they got his passport. They told me they had but the case had been sent back to USCIS for re adjucation and to contact USCIS for the status.

It would be a good idea to contact your Senator about this. Find the form on their web site then send it in right away. I would also set an Info Pass meeting with USCIS and talk directly to them in person.

This is one case I have seen where the infamous embassy in Egypt has really gone out of its way to make things as difficult as possible based I think on other experiences having nothing to do with the facts surrounding this exact case.

The O P here has done everything she can to make sure this went well and as we see they still wont issue the visa. I don't know for example if his English " sucked " but he is Egyptian so how could he be expected to have perfect English? I'll bet the COs ability in Arabic isn't perfect either. His English was good enough to have a long term relationship with the O P. Long enough to have married her. My English still isn't perfect but 8 years ago no one questioned my ability at the embassy.

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

hello there,

i just read this and i see what you are facing because i have faced it as well, being sent back from the embassy in cairo 2 times for NOIR. the first one we got reaffirmed and seems the embassy didnt like it because the 2nd time they sent it back to uscis for review because i had not been there in awhile.

you can contact all the senators and congressman you want but it will not help a thing. uscis and dos all work on their own merits and take seriously what the embassy writes back.

our was revoked on jan 7 2014 while i was in cairo visiting my husband for 6 weeks, we are now int he appeals process and it doesn't look good.because a few months ago i got a letter from uscis saying they are telling the board of immigration appeals to keep our petition revoked. so i wait the long hard trail of not knowing now. ot has caused alot of hardship for me and my husband now.

the first send back was may 2012 and we waited almost 9 months in review with uscis before i heard anything from them. 2nd one was in 2013 and waited over 7 months in review.

just be ready when you get anything from uscis and follow what they say, if they give you a chance to prove yourselves, you will have 30 days to show what ever they want you to send, be prompt and straight forwarded with them.

let me know if i can be any help!!!

Filed: F-2A Visa Country: India
Timeline
Posted

Oh! This is so brutal, considering your health condition! Try the FOIA, senator and any other avenue available to you. In the meantime, is there any other common country you two can move in till everything is sorted out? I remember you mentioned anytime you visit Egypt, you get really sick. Stay strong sister. Consider this sh*tty experience is a prelude to a lifetime of happiness ahead of you.

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

A senator can't do a thing and an infopass with USCIS will be useless. A lawyer not needed UNLESS you need help and input on how to

formulate the NOIR response.
I would add every word that the CO said to your husband to the response in the NOIR

and overcome your burden of proof about the language accusation with quality written communication evidence, spanning the entire relationship

from day one to current.

50 pages was not enough in my opinion.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

I can't imagine. I'm sorry this has happened to you.

Petitioner: U.S. Citizen living in U.S. Beneficiary: Egyptian Citizen living in Egypt Seychelles United States!

Visa type: CR-1

01-06-14 Married

03-21-14 Priority Date (Nebraska Service Center)

03-25-14 NOA1

08-26-14 Approved! 5 months, 5 days

09-04-14 shipped to NVC per USCIS website

10-09-14 NVC "received"

10-28-14 Case #

10-30-14 DS261/AOS fee

12-02-14 IV fee

12-03-14 Sent Package

01-30-15 Case Complete! 5 months at NVC with no checklists

03-25-15 Received Interview Letter, date is 05/14/15

05-14-15 Interview Result: APPROVED!

06-08-15 25 days later...CEAC finally shows READY

06-11-15 Visa in Hand

06-15-15 POE in Philadelphia

Total Time from Sending Petition to Visa in Hand: 14 months, 3 weeks

 
Currently in I-751 ROC and N-400 Citizenship processes.  See Timeline for Details.
 
 
 
 
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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