Refused--Application returned for review

[Ebunoluwa 6,136]

Eight days had passed before I wrote the original post here on VJ. I assume the case was long gone by that point. (Dept. of State at CEAC updated the status to AP on Dec. 2nd, two days after the interview). Had I known the repercussions of having the case sent back for 'review', I would have been more assertive, but I'm a total layman at this immigration stuff. Live and learn. Hopefully my experience can help prevent a similar situation for someone else.

Not necessarily, sometimes a petition sits at the consulate in queue for weeks (some months) before being returned and other times it's

returned within a couple days. You need to try and know exactly where file is located through a senator and have the senator request

the diplomatic pouch number it was (?) returned in, once you have that number you know it's on the way back or sitting to be shipped back and at that

time no 2. interviews are granted.

Never assume, always be proactive.

[prindell 8]

Not necessarily, sometimes a petition sits at the consulate in queue for weeks (some months) before being returned and other times it's

returned within a couple days. You need to try and know exactly where file is located through a senator and have the senator request

the diplomatic pouch number it was (?) returned in, once you have that number you know it's on the way back or sitting to be shipped back and at that

time no 2. interviews are granted.

Never assume, always be proactive.

It is possible that the case is still sitting in queue at the consulate, even though ceac.state.gov updated the status to "administrative review" on Dec. 2nd? As of yet, USCIS has not updated the case status to indicate that they have received it, so perhaps it is possible? Praying so; I just fired off an email to the Embassy requesting reconsideration and asking if we can speak to a supervisor regarding the case.

Thanks.

[Tahoma 2,292]

Your case could still be at the embassy. You did the right thing requesting a review of your case.

Best of luck to you...

Edited December 16, 2015 by Tahoma

[Ebunoluwa 6,136]

You may have better results requesting a second interview through a senator than DIY. Don't get your hopes up too high, some have been successful,

some not.

[Tahoma 2,292]

Yes, definitely get your Senator involved.

[prindell 8]

Yes, definitely get your Senator involved.

You may have better results requesting a second interview through a senator than DIY. Don't get your hopes up too high, some have been successful,

some not.

Received a reply from the US Embassy. Case was returned to USCIS on the 18th... the same day I wrote the initial email to them. So now hoping the letters to my Senators and Representative will have a favorable result. Will update again when I hear something. Meanwhile, the time clock continues to tick towards 6-month residency in the Philippines and a DCF option. Thanks again, for everyone's input and assistance.

[Ebunoluwa 6,136]

Sorry but seeing that the case wa already returned, the senator can't help any longer. Once it leaves it's over and done with. Best wishes for your next filing.

[prindell 8]

Sorry but seeing that the case wa already returned, the senator can't help any longer. Once it leaves it's over and done with. Best wishes for your next filing.

Seems I'm always a day late and a dollar short (as the saying goes). Gearing up for a re-do, but still reluctant to terminate the current petition until I hear something back from a congressman--still holding out for a miracle, I guess.

Happy New Year to you all!

[Tahoma 2,292]

Happy new year to you and yours!

I hope you will update us if there is any word about your current case.

[prindell 8]

Happy new year to you and yours!

I hope you will update us if there is any word about your current case.

Here's the latest: My fiancée and I visited the US Embassy to explain we would be submitting a request for expedite (as recommended by my Congressman's office) and asked if we could extend our expiration date. The lady at the Embassy looked at the Interviewer's letter (sending the Petition back for review) and told us, "There is nothing to expedite and no expiration date to extend--the case is denied. Your only option now is to re-file a new Petition" This is a far different story than what the Interviewing officer had explained to us. We believed we were waiting for something else to happen, so the past 40+ days has been a total waste. I am now working on the new K-1 Petition and should have it ready to ship to the USA by next week.

Since I am filing while residing in the Philippines, I necessarily have all my mail forwarding to my Mom's address in California -- so this is my legitimate mailing address (no one to receive it in TN, where I reside when in the US).

Q: Does anyone here know how the Texas Lockbox determines where a petition will be sent for processing? Is it based on the mailing address listed on the Form I-129f or the beneficiary's intended resident address when they arrive in the USA?

Thanks... and hope this thread helps someone avoid the mistakes I have made.

[Ebunoluwa 6,136]

Here's the latest: My fiancée and I visited the US Embassy to explain we would be submitting a request for expedite (as recommended by my Congressman's office) and asked if we could extend our expiration date. The lady at the Embassy looked at the Interviewer's letter (sending the Petition back for review) and told us, "There is nothing to expedite and no expiration date to extend--the case is denied. Your only option now is to re-file a new Petition" This is a far different story than what the Interviewing officer had explained to us. We believed we were waiting for something else to happen, so the past 40+ days has been a total waste. I am now working on the new K-1 Petition and should have it ready to ship to the USA by next week.

Since I am filing while residing in the Philippines, I necessarily have all my mail forwarding to my Mom's address in California -- so this is my legitimate mailing address (no one to receive it in TN, where I reside when in the US).

Q: Does anyone here know how the Texas Lockbox determines where a petition will be sent for processing? Is it based on the mailing address listed on the Form I-129f or the beneficiary's intended resident address when they arrive in the USA?

Thanks... and hope this thread helps someone avoid the mistakes I have made.

It makes no sense for your congressman to ask for an expedite and extension of expiration date. He was supposed to request a second interview

so you can submit more evidence and most of all the prior divorce decrees.

Senators/ congressmen do not have insight into what exactly is the best next move, they aren't lawyers.

YOU would have to know what would bring best results for your case and then inform the senator's aide of exactly how YOU want them to proceed,

not just rely on their 'advice'. I am throwing that in there because many make the mistake of telling the senators their story and then leaving it in his hands

to 'fix it'. Not so ! Too late for you but for the benefit of others reading I want to point that out.

The petitioner must understand the best next step and guide the senator's aide to what that is. Expediting was not it. Extension was not it.

Requesting a second interview with you on the premises with more evidence (divorce decrees) could have been it. In my opinion it was handled

the wrong way by the senator.

I wish you the best for your next petition. Front load.

Edited January 9, 2016 by Ebunoluwa

[prindell 8]

It makes no sense for your congressman to ask for an expedite and extension of expiration date. He was supposed to request a second interview

so you can submit more evidence and most of all the prior divorce decrees.

Senators/ congressmen do not have insight into what exactly is the best next move, they aren't lawyers.

YOU would have to know what would bring best results for your case and then inform the senator's aide of exactly how YOU want them to proceed,

not just rely on their 'advice'. I am throwing that in there because many make the mistake of telling the senators their story and then leaving it in his hands

to 'fix it'. Not so ! Too late for you but for the benefit of others reading I want to point that out.

The petitioner must understand the best next step and guide the senator's aide to what that is. Expediting was not it. Extension was not it.

Requesting a second interview with you on the premises with more evidence (divorce decrees) could have been it. In my opinion it was handled

the wrong way by the senator.

I wish you the best for your next petition. Front load.

As always, 'thank you' for your very helpful replies. Just to clarify, I was present during the original interview and provided all marriage/divorce papers at that time. In hindsight, I should have immediately requested to speak with a supervisor, but being a layman and in a state of bewilderment with receiving the news of refusal, we just gathered our papers and headed for home to soak in what had just happened.

By the time I submitted the original post to this thread, I think it was too late to hope for anything more from the Embassy, but was hoping congressman assistance might result in having my petition actually reviewed, re-approved and returned to the Embassy for further processing.

Just received a message from the 2nd (of three) congressman's offices this morning. This reply feels more hopeful that they understand what needs to be done. In the off-chance they can actually effect a positive direction, I'll let them proceed while I'm in the process of completing a new I-129f petition. I'm leaving all options open as long as I can.

Thanks again.

[Ebunoluwa 6,136]

Thanks for clarifying, hoping they can request a review with a positive outcome from the section chief.

[prindell 8]

Thanks for clarifying, hoping they can request a review with a positive outcome from the section chief.

Yes, us too! (thanks)

Would you happen to know how I should label the cover letter for the second petition... the example shows, "Nature of the submission: I-129F ORIGINAL SUBMISSION" Even though this is a second filing, would it still be considered an 'original submission'? Thanks

[Ebunoluwa 6,136]

I just put I-129 fiancé on the cover letter and attached a sheet with the previous petition number and date and outcome and also submitted a letter narrating our relationship timeline and the refusal and re filing including the previous NOA's and 221g refusal sheet plus my correspondence emails with the CO and senators.

I just put I-129 fiancé on the cover letter and attached a sheet with the previous petition number and date and outcome and also submitted a letter narrating our relationship timeline and the refusal and re filing including the previous NOA's and 221g refusal sheet plus my correspondence emails with the CO and senators.