Petition sent back to USCIS for review

[AnGrig 5]

38 minutes ago, geowrian said:

You can lookup what a "P6C" marker is if you are curious as to the history of the process and when the change to let the petition expire occurred and why.

 

The long and short of it is that the returned I-129F is assigned a fraud marker ("P6C"). USCIS would then review the petition and either agree and revoke the petition (turning the fraud marker into a fraud finding), issue a NOIR, or reaffirm the petition.

A fraud finding creates a much bigger hurdle on any subsequent visa attempt...requiring not just the visa to be otherwise approved, but also an I-601 being filed and approved to overcome the permanent bar associated with a prior fraud finding. This adds significant cost (~$1000 + any attorney fees) + around a year or so for processing of the waiver.

The decision was to basically let the petition expire and allow the individuals to refile instead of putting them through that longer and more costly process.

Can't fully understand your point... which kind of fraud you are talking about? what can be the reason here?

[geowrian 22,337]

11 minutes ago, AnGrig said:

There was no interview, as far as we knew the case was sent back from nvc and never reached the embassy.... I can't understand the reason...

Okay...that's potentially different then. The letter posted above states it was returned from a consulate, not NVC.

If it was returned before any kind of interview, then either:

a) They missed something and need to fix it (i.e. it can be as small as the IO forgetting a checkmark).

b) They discovered new information they believe is relevant to the petition's requirements, and need to review it.

 

9 minutes ago, AnGrig said:

Can't fully understand your point... which kind of fraud you are talking about? what can be the reason here?

The "fraud" is when an I-129F is returned due to not showing a bona fide relationship.

 

As for how it applies to your case, I'm not sure since you stated there was no interview yet...

Edited August 30, 2018 by geowrian

[Maria1989 403]

8 minutes ago, AnGrig said:

There was no interview, as far as we knew the case was sent back from nvc and never reached the embassy.... I can't understand the reason...

So you never did an interview yet, it was returned ???? I think you really really confused at this point. However the petition will expire as the letter states. 

[Maria1989 403]

Further when did you file and did you inquire as to if the Embassy even received it after your approval. 

[AnGrig 5]

2 minutes ago, geowrian said:

Okay...that's potentially different then. The letter posted above states it was returned from a consulate, not NVC.

If it was returned before any kind of interview, then either:

a) They missed something and need to fix it (i.e. it can be as small as the IO forgetting a checkmark).

b) They discovered new information they believe is relevant to the petition's requirements, and need to review it.

 

The "fraud" is when an I-129F is returned due to not showing a bona fide relationship.

 

As for how it applies to your case, I'm not sure since you stated there was no interview yet...

We had a RFE, sent the document, got approved and the case was sent to NVC, NVC issued us a number, however two days later the case was sent back to USCIS.

The website states The department of stste sent it back to USCIS for further review. I never had any mail from embassy, our lawyaer has even contacted the embassy and they said they have not received our case. And now we receive such a letter. 

5 minutes ago, Maria1989 said:

So you never did an interview yet, it was returned ???? I think you really really confused at this point. However the petition will expire as the letter states. 

We had a RFE, sent the document, got approved and the case was sent to NVC, NVC issued us a number, however two days later the case was sent back to USCIS.

The website states The department of stste sent it back to USCIS for further review. I never had any mail from embassy, our lawyaer has even contacted the embassy and they said they have not received our case. And now we receive such a letter. 

[Maria1989 403]

3 minutes ago, AnGrig said:

We had a RFE, sent the document, got approved and the case was sent to NVC, NVC issued us a number, however two days later the case was sent back to USCIS.

The website states The department of stste sent it back to USCIS for further review. I never had any mail from embassy, our lawyaer has even contacted the embassy and they said they have not received our case. And now we receive such a letter. 

We had a RFE, sent the document, got approved and the case was sent to NVC, NVC issued us a number, however two days later the case was sent back to USCIS.

The website states The department of stste sent it back to USCIS for further review. I never had any mail from embassy, our lawyaer has even contacted the embassy and they said they have not received our case. And now we receive such a letter. 

It looks like it has been sent back for review by NVC is there something missing ? How can your lawyer not find out anything but once it expires it will not be looked at. I’m confused.......... what was the RFE for ? Why would they send the letter to you and not your attorney. 

[AnGrig 5]

1 minute ago, Maria1989 said:

It looks like it has been sent back for review by NVC is there something missing ? How can your lawyer not find out anything but once it expires it will not be looked at. I’m confused.......... what was the RFE for ? Why would they send the letter to you and not your attorney. 

Actually we hired someone to file the petition but everything else was done by us, contacting uscis, sending an answer to RFE, etc.... RFE was for court documents, as we have mentioned there was criminal history but have not attached the document. So we have sent it, got approved..... they don't say why the case was sent back, they just say Department of state sent it back. If there was something missing they would not have approved it, can't undesratnd what to do...