Returned to NVC

[panda-and-penguin 2]

We have a case number for the k1 visa and were checking the status (https://ceac.state.gov/ceacstattracker/status.aspx). Last week it was showing "Ready for interview" and we thought we were waiting Packet 3.

Now it is showing "Returned to NVC"

Returned to NVC

Immigrant Visa Case Number: Case Creation Date: 18-May-2016 Status Updated Date: 22-Jul-2016

What gives? should I try to call NVC to see what happened?

Kevin

[Penguin_ie 5,994]

Hopefully a computer status update error.

You could try calling NVC and ask (be sure to get a 2nd tier officer/ supervisor, the phone monkeys are useless)

[panda-and-penguin 2]

I called and spoke to somebody, they said they haven't received the case back and that we need to call the embassy.... I'll have to call them on Monday.

If our NOA2 says the petition expires on August 28th, does that mean if my fiance'e doesn't receive anything from the embassy we will have to re-apply???

Kevin

[Penguin_ie 5,994]

No, they normally auto-extend the petition when it is a delay on their side (ie no interview yet).

But that actually gives me an idea- how long as it been "ready for interview"? I don't know how the US embassy in China does things, but is it possible you didn't get a letter from them or an email and so they think you did not respond?

[Chris and ZhiJia 146]

No, they normally auto-extend the petition when it is a delay on their side (ie no interview yet).

But that actually gives me an idea- how long as it been "ready for interview"? I don't know how the US embassy in China does things, but is it possible you didn't get a letter from them or an email and so they think you did not respond?

The Guangzhou consulate sits the case on Ready for Interview until Packet 3 is completed and returned (takes approximately 30-45 days from receipt of Consulate from NVC for Packet 3 to be delivered to the beneficiary). Once they receive packet 3 back the case moves to Administrative Processing until Packet 4 is sent, then it returns back to Ready for Interview. At which time Packet 4 can be completed and Interview Scheduled.

[RandyW 149]

Does your fiance have a child over the age of 18?

The Guangzhou consulate has been known to routinely dispose of K-1 cases prior to issuing P-3 without giving any information or reason by returning them to the USCIS in this way.

Lawyers will usually advise their clients to get married, and then file an I-130 - IF this is the case.

Contact the consulate via their email form.

[panda-and-penguin 2]

> Does your fiance have a child over the age of 18?

No, she is 30 and I'm 38.

> Contact the consulate via their email form.

I'm going to try to call them

[RandyW 149]

> Does your fiance have a child over the age of 18?

No, she is 30 and I'm 38.

> Contact the consulate via their email form.

I'm going to try to call them

Good luck with the calling. They are usually very difficult/non-responsive - the email form is at http://guangzhou.usembassy-china.org.cn/immigrant-visa-unit-question.html

Edited July 23, 2016 by RandyW

[panda-and-penguin 2]

Ok, we got a response from the embassy:

Dear Visa Applicant,

Thank you for your inquiry.

Your petition has been returned to the National Visa Center on July 22, 2016 as per their request. Should you have any questions, please contact the National Visa Center.

Sincerely,

Immigrant Visa Unit

U.S. Consulate General Guangzhou, China

So we contacted NVC and all they said was that they received it back from the Embassy but wouldn't say why it was sent back or when it would be processed...

[RandyW 149]

Ok, we got a response from the embassy:

Dear Visa Applicant,

Thank you for your inquiry.

Your petition has been returned to the National Visa Center on July 22, 2016 as per their request. Should you have any questions, please contact the National Visa Center.

Sincerely,

Immigrant Visa Unit

U.S. Consulate General Guangzhou, China

So we contacted NVC and all they said was that they received it back from the Embassy but wouldn't say why it was sent back or when it would be processed...

That is VERY bad news. Others that have had this happen to them found their petitions in a state of limbo for up to a year - no reason given.

This remark - "as per their request", though, is curious. But my guess is that it's simply a game of blame/responsibility shifting.

Like I've said, the advice in this situation tends to be to file a new petition, or to get married and file an I-130.

[panda-and-penguin 2]

That's

very

depressing....

[YL&JL 0]

That's

very

depressing....

Do you mind sharing if you take further actions afterwards?

[panda-and-penguin 2]

Funny you should ask. I just followed up again today. I called NVC and they said, "We sent it back to USCIS for review". I said "#######??? Why?" They wouldn't say. They said, "Call USCIS."

I called USCIS and got a automated menu. I entered my case number and it says, "Your petition was sent back to USCIS on Aug 19 for review." Then it says, "Please allow 180 days for your case to be reviewed". 180 days?!?!? madness.... I will probably try to get a human on the phone at USCIS in a month or so, not sure what good it will do. I'm pretty sure if I got a human on the phone at this stage, they wouldn't tell me more than, "we receivied your petition back from State Department"

Puzzling that they would send it back to USCIS without interviewing my fiancee. Maybe has to do with CCP membership? We don't know. The more we try to come up with logic to explain it, we realize we are battling a bureaucracy that abhors logic.

Meanwhile, I'm going back to China next week. My fiancee got a visa for Taiwan and Thailand so we're gonna do some traveling while we're waiting. What else can we do? It's been frustrating but we're trying to enjoy our time together and explore Asia. Our love is strong so we'll make it through....

-- Panda

[YL&JL 0]

I saw 3 people on another forum are going through the exact same thing. One was returned to nvc at the end of 2015 and they just filed a new one with USCIS. The other two are more recent.

[panda-and-penguin 2]

yeah, we are reading the some people had to fill out a new i-129f or get married in China and try to do a DCF. We talked about doing the DCF at first but I would have to establish residency in China for 6 months and there is no guarantee that it would get approved. We sit and watch with envy as others seem to get approved...

My next step is probably to try to get through to a tier 2 representative at USCIs. Today, I talked somebody at my congresswoman's office and they are sending me a form to fill out so they can start case work for me. I'm not

and see if I can get some answers. If we do another i-129f, I'm definitely hiring a lawyer....

Panda.