After I-130 approval can NVC decide NOT to forward to Embassy?

[madalas 0]

Hi everyone.

I received email NOA today for my filed I-130, (sent 4-21-16 Phoenix Lockbox). In 7-10 days I should receive NOA in mail according to email.

Once its received in Texas for processing, and the I-130 is approved and forwarded to NVC, can NVC decide NOT to send to Embassy in Egypt? Can they not send as we not eligible for a Visa (212a2c, Reason to Believe). I think I read somewhere they they only process, not make decisions, that will be done at Embassy abroad.

So is it safe to assume they will glady take our filings and fees and forward to Embassy?

We are new to this process although we orginally filed in 1996 (see my profile...ugh).

Thanks!

[Harpa Timsah 13,258]

What you suggest cannot happen.

[madalas 0]

Anitafeliz....complaining?

I am not complaining at all.

I was just wondering if NVC can NOT send our application/files to Embassy in Egypt.

Trying to figure out if our files will indeed go abroad for processing or can they be denied here by NVC.

Sorry for confusion...

[Anitafeliz 1,133]

Anitafeliz....complaining?

I am not complaining at all.

I was just wondering if NVC can NOT send our application/files to Embassy in Egypt.

Trying to figure out if our files will indeed go abroad for processing or can they be denied here by NVC.

Sorry for confusion...

Once it goes through adjudication i Belive yours says end of September to October if they are not backed up. They will approve or deny if approved it goes to NVC if all is good it will move to Egypt. Why wouldn't they send yours???

?????

Edited April 28, 2016 by Anitafeliz

[madalas 0]

Well, we have a CRAZY case, my husband has a lifetime ban with no waiver available.

My thinking was, again I am not sure how it works, that NVC due to our previous INS filing could deny even processing our appliucations and not pass on to Egypt.

Now I assume that whatever the circumstances, NVC processes paperwork, they do not not make decisions to forward or not to forward to an Embassy or Consulate.

That was my question initially. I was not clear enough I guess.

Thanks anitafeliz.

[Anitafeliz 1,133]

Well, we have a CRAZY case, my husband has a lifetime ban with no waiver available.

My thinking was, again I am not sure how it works, that NVC due to our previous INS filing could deny even processing our appliucations and not pass on to Egypt.

Now I assume that whatever the circumstances, NVC processes paperwork, they do not not make decisions to forward or not to forward to an Embassy or Consulate.

That was my question initially. I was not clear enough I guess.

Thanks anitafeliz.

I'm courious?How will you get around the lifetime ban?

[madalas 0]

Not sure... we will try to prove that there should never have been a Reason to Believe in the first place.

We'll see...

[Anitafeliz 1,133]

Why did he get banned is it all those articles in you profile??

[madalas 0]

Yes.

INS said he knew the legal over the counter vitamin he sold to undercover agents was being used as a precursor to make illegal drugs.

[Anitafeliz 1,133]

oh man....this is bad and it will cost you alot in lawyer fees to appeal if its denied. Was he ever cleared or is this a conviction?

[Thesmiths2016 117]

Wow... I just read your profile summary. The only answer here would be that it would probably make it from USCIS to NVC, as I believe they mostly just check all the documents are there. But then it's up to NVC to take you through the next stage, and send it to your embassy for an interview if approved. That step there .... that's a big MAYBE in your case and I really doubt anyone on this forum can really advise you on it.

Its really as you have said ... apply, do your best to provide everything they ask for, and pray for a good outcome. It's just going to be a waiting game I'm afraid.

[Anitafeliz 1,133]

Wow... I just read your profile summary. The only answer here would be that it would probably make it from USCIS to NVC, as I believe they mostly just check all the documents are there. But then it's up to NVC to take you through the next stage, and send it to your embassy for an interview if approved. That step there .... that's a big MAYBE in your case and I really doubt anyone on this forum can really advise you on it.

Its really as you have said ... apply, do your best to provide everything they ask for, and pray for a good outcome. It's just going to be a waiting game I'm afraid.

I second this

[madalas 0]

Thesmiths2106, anitafeliz, so it is possible then that the NVC will not forward to embassy then? That was why I posted this initially. I wondered IF the NVC could decide NOT to send to Embassy. Anyway we'll see. Would be nice though to know before paying more fees. Its so hard not to know.

BTW, my husband was never convicted of anything, all charges court dimissed same as well as the case itself. AZ law found they did nothing wrong by selling a LEGAL over the counter medicine in large quantities. He has never even had a traffic ticket. I know it doenst matter as the then INS needed just a slight Reason to Believe. There is no waiver for this and it sucks.

I do not want to raise my son in Egypt.. I love Egypt dont get me wrong, but schools are too expensive (no public schools) and the counrty is not stable at all. He's been there on and off since he was born and we go every school break, he loves Egypt too, his Daddy is there.

Thanks for your repliues. Now we wait...

[Anitafeliz 1,133]

I dont know anything about immigration. But for what i read on here and because my fam migrated her from DR but If this was my case i would see my options...

1) let the case take its course see where it gets you

2) hire a competant attorney that can have the lifetime ban removed(if thats possible) if it was due to a crime that he was cleared on

3) move to egypt if all else fails. I am from this country but my family is from DR and i travel alot there every year you have a long history with your husband an you need to weigh if hes worth you moving there or if you can afford maybe travel in the summer...for my fiancee i would move worse case...

Sorry this is your situation single parenting is not easy!!

Edited April 28, 2016 by Anitafeliz

[mallafri76 1,012]

Once NVC has collected all fees and relevant documents, they will send your case to the embassy for an interview. NVC's job is to make sure all documents and fees are there. Whether to approve or deny a visa is up to the embassy.

Given that your husband has a life long ban, what were your plan to overcome it? I think it's safe to say that your case will be denied, not sure what kind of waiver you think will be available but you will probably need a very good lawyer to get it.