Case returned to USCIS under 221 G and ROE

[Neevs&day 5]

Piece you are completely missing is that you effectively have been denied visa - that's what it really is when your petition gets sent back to USCIS.

But when we checked with USCIS and local embassy, they still have our case on records. We have clarify with them whether we got denial or we reapply, they stated no it is not denial And is under revision at USCIS. They told us to wait for 180 days and they will notify us for further proceedings within this time limit. They clearly state that until my case is under administrative process, you can't apply for another visa, not even a tourist visa.

Edited June 13, 2015 by Ryan H

[TimeTravel 78]

But when we checked with USCIS and local embassy, they still have our case on records. We have clarify with them whether we got denial or we reapply, they stated no it is not denial And is under revision at USCIS. They told us to wait for 180 days and they will notify us for further proceedings within this time limit. They clearly state that until my case is under administrative process, you can't apply for another visa, not even a tourist visa.

At this point, your best bet is to wait for 180 days as they have suggested you.

[salboreni 12]

I'm not sure about fiance visa but our file was returned last June 28th by the consulate. They sent us a NOIR October 4th 2014...we waited 4 months for a decision after our response. On March 27, 2015 they sent us a NOIR amended...it is almost 1 year now since our file was returned and still no decision...our lives have been put on hold until this time.

[Neevs&day 5]

Just to clarify, not all visas are denied after being sent back to USCIS, the vast majority of cr-1 visas that are returned to USCIS for NOIR or NOID are re-approved after being given the chance to reply, and sent back to the consulate for another interview. And recently there actually was one fiance' visa that was sent back to USCIS and re-approved within days(I am looking for the topic and will post the link when I find it).

To the OP: I am not sure what "ROE" is, but listen to Ebonaluwa she has been through it and knows her stuff. Either way you choose to go you need to make sure you overcome the reasons for the denial, they want more evidence, and the only way to get more evidence is to spend more time together in real life. You met your fiance online and spent a mere 9 days together in real life and then immediately petitioned for a visa in a high fraud country, no bueno. While this may be enough time in a low fraud country, it isn't for India, especially with the cultural differences. Even if you decide to marry and go the CR-1 route, having her come to India for a quick trip just to be married and then return home right away won't be enough. Good luck and keep us updated.

Thanks Mimolicious,

This is what I was looking to hear. Your words gave me a breath of relief.

I know what other people advised me here came out of their experiences. But what my point of view was that when USCIS has assured that our petition is not denied and they will advise us in a specified time limit that what evidences they may need after reviewing our case. Also when we have asked them that if our petition will expire after six months or we have to pay fees again, they told that petition will not expire till they deny or close the case. The same statement came out today when I asked from our local US visa support (us travel docs) where I have registered for visa, they mentioned that my petition/case is still showing under process and it will come back to local embassy after reviewing from USCIS. as per them it is common process in most cases.

Now my point is, for which I came here is, when a agency like USCIS is saying about such things, if there is any reason not to believe them. As per the discussion board comments by other members, they are convinced that USCIS may make fool of people and cause such delay Intentionally.

As you told that there are few people who faced same situation, Please assist me with such people case and their results. ROE is actually RFE means request for evidence.

Once again thanks for your kind susupport by words as these boost my moral. I'm looking forward to hear from you again.

I'm not sure about fiance visa but our file was returned last June 28th by the consulate. They sent us a NOIR October 4th 2014...we waited 4 months for a decision after our response. On March 27, 2015 they sent us a NOIR amended...it is almost 1 year now since our file was returned and still no decision...our lives have been put on hold until this time.

Thanks Mimolicious,

This is what I was looking to hear. Your words gave me a breath of relief.

I know what other people advised me here came out of their experiences. But what my point of view was that when USCIS has assured that our petition is not denied and they will advise us in a specified time limit that what evidences they may need after reviewing our case. Also when we have asked them that if our petition will expire after six months or we have to pay fees again, they told that petition will not expire till they deny or close the case. The same statement came out today when I asked from our local US visa support (us travel docs) where I have registered for visa, they mentioned that my petition/case is still showing under process and it will come back to local embassy after reviewing from USCIS. as per them it is common process in most cases.

Now my point is, for which I came here is, when a agency like USCIS is saying about such things, if there is any reason not to believe them. As per the discussion board comments by other members, they are convinced that USCIS may make fool of people and cause such delay Intentionally.

As you told that there are few people who faced same situation, Please assist me with such people case and their results. ROE is actually RFE means request for evidence.

Once again thanks for your kind susupport by words as these boost my moral. I'm looking forward to hear from you again.

I'm not sure about fiance visa but our file was returned last June 28th by the consulate. They sent us a NOIR October 4th 2014...we waited 4 months for a decision after our response. On March 27, 2015 they sent us a NOIR amended...it is almost 1 year now since our file was returned and still no decision...our lives have been put on hold until this time.

What type of your visa was you applied for?

Edited June 13, 2015 by Ryan H

[Ebunoluwa 6,136]

OP what is your service center ? The last re affirmed K1's I saw coming through was in 5 years ago, in 2010 and that was with VSC only.

CSC will not re affirm.

[salboreni 12]

We applied for the spouse visa CR1

[Neevs&day 5]

OP what is your service center ? The last re affirmed K1's I saw coming through was in 5 years ago, in 2010 and that was with VSC only.

CSC will not re affirm.

it is New Delhi

[Neevs&day 5]

We applied for the spouse visa CR1

So what reason they have mentioned when they return your case back?

[Ebunoluwa 6,136]

it is New Delhi

. New Delhi is the consulate not a service center. So what is your USCIS service center ? I will answer the rest of your last post when I am on a computer.

[Ebunoluwa 6,136]

Thanks Mimolicious,

This is what I was looking to hear. Your words gave me a breath of relief.

I know what other people advised me here came out of their experiences. But what my point of view was that when USCIS has assured that our petition is not denied and they will advise us in a specified time limit that what evidences they may need after reviewing our case. Also when we have asked them that if our petition will expire after six months or we have to pay fees again, they told that petition will not expire till they deny or close the case. The same statement came out today when I asked from our local US visa support (us travel docs) where I have registered for visa, they mentioned that my petition/case is still showing under process and it will come back to local embassy after reviewing from USCIS. as per them it is common process in most cases.

Now my point is, for which I came here is, when a agency like USCIS is saying about such things, if there is any reason not to believe them. As per the discussion board comments by other members, they are convinced that USCIS may make fool of people and cause such delay Intentionally.

As you told that there are few people who faced same situation, Please assist me with such people case and their results. ROE is actually RFE means request for evidence.

Once again thanks for your kind susupport by words as these boost my moral. I'm looking forward to hear from you again.

What type of your visa was you applied for?

I want to address the things I bolded in your reply.

1.) USCIS has assured you that the petition is not denied. This is correct, they don't deny K1's they expire them.

Why they do this goes way back to a law suit and involves a hard marker of fraud that automatically came into effect when denied, even if

no fraud happened at all. This was challenged in the law suit and from then on CSC and some other service centers no longer denied but

expired petitions. Research Mark Ellis' article on that issue. You have to dig deep and go into that hole to understand it.

2.) The returned K1's are placed in a warehouse to expire, then you get a letter after 6 months that you can re file with paying another fee.

That is the only "review" that will administratively happen.

3.) They told you it will not expire until they deny or close the case. It won't be denied, it gets closed and expires.

4.)Your local visa support, whoever that may be is dead wrong. It is NOT common for K1's to get reviewed and send back to the embassy.

Again, spousal visas such as the CR/IR's do and as I previously said they can respond to the NOIR letters but not K1's.

It used to be that way for K1's many years ago but not since the change.

5. ) Is there any reason not to believe what you have been told by USCIS ? Yes, here are the reasons : Contractors parrot and read things

from an old script and have no clue what they are talking about. If an adjudicator, an IO from tier 2 told you that, who happens to be working on your

case then ok but I bet that was not the case.

Since that law suit things with returned K1's hang in limbo and the agencies are non transparent and the parrots tell you what is scripted.

Yes, I talk from years of experience but I also have been a member for 10 years on this board (also under different email/user name) and

I have watched and researched this issue like a hawk. I have followed cases, researched immigration attorney's articles and read

everything I could find on this matter. Not for weeks or months but years.

I have not seen any true returned K1 returned except very few from Vermont service center in 2010.

Sometimes applicants are told their case will be returned to USCIS but they are kept at the embassy for review / AP and that is completely

different, the applicants never follow through confirming that their case has truly been returned. CO's change their mind and chose AP / review /

security checks / background checks instead and then they approve after this kind of internal or external review and members wrongly term it

a re affirmed K1.

I have yet to see a link to any true re affirmed K1 (not through VSC) and if anyone can find one after 2010 please share the link with me here or via pm

as I am very interested in this.

Could at any time CSC or TSC decide to again re affirm K1's ? Sure, but highly unlikely. Things change, so nothing is impossible but I hope

they do. Could I have missed one case that squeezed by and was re affirmed ? Absolutely, link me up please and I stand corrected.

I want to give you hope but what good will it do except you waste another 6 months to wait for your letter that

says your petition has expired ? I know the pain and wish I hadn't spend so many months fighting re affirmation with CSC.

Sorry it is not what you want to hear. I wish you the very best whatever you decide to do.

[Neevs&day 5]

I want to address the things I bolded in your reply.

1.) USCIS has assured you that the petition is not denied. This is correct, they don't deny K1's they expire them.

Why they do this goes way back to a law suit and involves a hard marker of fraud that automatically came into effect when denied, even if

no fraud happened at all. This was challenged in the law suit and from then on CSC and some other service centers no longer denied but

expired petitions. Research Mark Ellis' article on that issue. You have to dig deep and go into that hole to understand it.

2.) The returned K1's are placed in a warehouse to expire, then you get a letter after 6 months that you can re file with paying another fee.

That is the only "review" that will administratively happen.

3.) They told you it will not expire until they deny or close the case. It won't be denied, it gets closed and expires.

4.)Your local visa support, whoever that may be is dead wrong. It is NOT common for K1's to get reviewed and send back to the embassy.

Again, spousal visas such as the CR/IR's do and as I previously said they can respond to the NOIR letters but not K1's.

It used to be that way for K1's many years ago but not since the change.

5. ) Is there any reason not to believe what you have been told by USCIS ? Yes, here are the reasons : Contractors parrot and read things

from an old script and have no clue what they are talking about. If an adjudicator, an IO from tier 2 told you that, who happens to be working on your

case then ok but I bet that was not the case.

Since that law suit things with returned K1's hang in limbo and the agencies are non transparent and the parrots tell you what is scripted.

Yes, I talk from years of experience but I also have been a member for 10 years on this board (also under different email/user name) and

I have watched and researched this issue like a hawk. I have followed cases, researched immigration attorney's articles and read

everything I could find on this matter. Not for weeks or months but years.

I have not seen any true returned K1 returned except very few from Vermont service center in 2010.

Sometimes applicants are told their case will be returned to USCIS but they are kept at the embassy for review / AP and that is completely

different, the applicants never follow through confirming that their case has truly been returned. CO's change their mind and chose AP / review /

security checks / background checks instead and then they approve after this kind of internal or external review and members wrongly term it

a re affirmed K1.

I have yet to see a link to any true re affirmed K1 (not through VSC) and if anyone can find one after 2010 please share the link with me here or via pm

as I am very interested in this.

Could at any time CSC or TSC decide to again re affirm K1's ? Sure, but highly unlikely. Things change, so nothing is impossible but I hope

they do. Could I have missed one case that squeezed by and was re affirmed ? Absolutely, link me up please and I stand corrected.

I want to give you hope but what good will it do except you waste another 6 months to wait for your letter that

says your petition has expired ? I know the pain and wish I hadn't spend so many months fighting re affirmation with CSC.

Sorry it is not what you want to hear. I wish you the very best whatever you decide to do.

My fiance has applied online on website and not any center. I'm attaching the letter what i have received from Embassy. Please advise is it a NOIR or NOID.

What you suggest me is to not wait for them and come straight to plan B. In VJ i have seen few reviews where people have received NOIR and they have been advised to gather more proof before second interview.

http://www.visajourney.com/forums/topic/374101-noir-and-noid/

Edited June 14, 2015 by Penguin_ie

[Neevs&day 5]

My fiance has applied online on website and not any center. I'm attaching the letter what i have received from Embassy. Please advise is it a NOIR or NOID.

What you suggest me is to not wait for them and come straight to plan B. In VJ i have seen few reviews where people have received NOIR and they have been advised to gather more proof before second interview.

http://www.visajourney.com/forums/topic/374101-noir-and-noid/

further to this i found following information on USCIS website. Last Reviewed/Updated: 07/15/2011 on USCIS website

http://www.uscis.gov/tools/ombudsman-liaison/ombudsman-liaison-unit-information-room/immigrant-visa-petitions-returned-state-department-consular-offices

What the beneficiary should expect

When a consular officer returns an immigrant visa petition to USCIS for reconsideration and possible revocation, he or she will typically deny the visa application on the basis of INA section 221(g) (temporary refusal of immigrant visa), pending USCIS review of the returned petition. The consular officer may also deny the visa application on another basis, if appropriate. If USCIS later reaffirms the approval of the petition, USCIS will send the petition back to DOS, at which point the consular officer will either accept the petition as valid and adjudicate the visa application to completion, or present USCIS with new evidence that was not previously considered. When a DOS consular officer denies an immigrant visa application, he or she will provide the beneficiary with a refusal letter listing the section of law under which the visa was refused.

Edited June 14, 2015 by Penguin_ie

[KierenHby 899]

I'm attaching the letter what i have received from Embassy. Please advise is it a NOIR or NOID.

Highly suggest never posting personal details\attachments with personal details in a public forum. Or black out name\address\case#.

Better to PM attachment to a particular member.

Edited June 12, 2015 by KierenHby

[Ebunoluwa 6,136]

My fiance has applied online on website and not any center. I'm attaching the letter what i have received from Embassy. Please advise is it a NOIR or NOID.

What you suggest me is to not wait for them and come straight to plan B. In VJ i have seen few reviews where people have received NOIR and they have been advised to gather more proof before second interview.

http://www.visajourney.com/forums/topic/374101-noir-and-noid/

1. All visas are adjudicated at a service center.

2. NOID/NOIR are for spousal visas such as CR/IR's, not K1's.

3.Embassies do not give out NOID/NOIR's, the service centers do.

What you were given is a refusal letter. Do not post anything with your personal info on a public forum.

You needed evidence that you intent to marry within the 90 days, an updated letter of intent to marry and some wedding plans

such as hall rental receipt etc....

If your case has already been send back to USCIS then it is too late and the process is over. No NOIR for K1's.

Edited June 14, 2015 by Penguin_ie

[Unidentified 2,930]

My fiance has applied online on website and not any center. I'm attaching the letter what i have received from Embassy. Please advise is it a NOIR or NOID.

What you suggest me is to not wait for them and come straight to plan B. In VJ i have seen few reviews where people have received NOIR and they have been advised to gather more proof before second interview.

http://www.visajourney.com/forums/topic/374101-noir-and-noid/

No, she did not. Your application papers (I-129F) were sent to a service center where it was approved and sent to the embassy. California or Texas?

Do not ever post personal information online. Someone can use it for really bad stuff.

Edited June 14, 2015 by Penguin_ie