K1-Visa sent back to USCIS after Interview (split)

[Nody 165]

On 2/7/2016 at 9:30 PM, needvisainfo said:

All,

My fiance in India went for her K-1 visa interview and after the interview she received a letter from the CO. The letter was not a G221 letter or a denial letter instead it said something below.
Based on the interview, we have returned the petition to USCIS for further review and possible revocation. If CO receives information during the interview process that was not received by the adjudication USCIS officer at the time the petition was approved and such information indicates that the beneficiary is not entitiled to the accorded status then the petition must be returned to USCIS for re-examination. This petition is sent back to USCIS as the beneficiary failed to convince the CO with sufficient evidence that establishes a required and valid relationship.or the petition was invalid for another legal reason.

USCIS will contact the petitioner with regards to the same.

When the application was filed we failed to provide pictures of our engagement as I was running short of time for my initial trip to India. Thus our K1 package that was sent to USCIS didn't have many pictures of our engagement. Eventually, when i got some time from work, I went back to India, and took many pictures which was done after the initial package was sent to USCIS . The beneficiary took those pictures with her to the interview to prove that we are indeed in genuine relationship. The beneficiary and I are indeed in a very strong, true and genuine and bonafide relationship. She wants to spend the rest of her life with me and so do I.

I am in AP status presently. The CO returned the pictures and passport. Also, the beneficiary status shows that the passport is with US consulate.

Questions:

What does this letter mean? Has anyone received a similar letter? What was the outcome? Has my K-1 visa denied? What other information would they require? Shall i get married to her in India and file a D-130? Has anyone received a letter like this? How long would the review take? Shall i hire an attorney?

Please any help will be greatly appreciated.

Would you please tell us what happened with your case ?

I'm in the same boat!

[Nody 165]

On 2/8/2016 at 1:44 AM, Ebunoluwa said:

Your petition has been or will be returned as indicated.

USCIS will NOT review the petition and will let it expire and send you a letter after 6-8 months that you can re file.

No attorney needed, he can't change anything, save your money and either re file a K1 or marry and file CR1.

Front load your next petition with quality evidence to convince the CO that you are a bona fide couple. That burden of proof rests on you

and should never be taken lightly. USCIS won't care about a front loaded petition but the CO will have seen all evidence in your file before

you even step in for your interview.

Do you have any red flags, previous filed petitions (petitioner or beneficiary) ? DV or B2 applications ?

What were the questions they harped on and what exactly word for word was said during the interview ?
Fix what they didn't like.
Good luck for the next round.

What do you mean the USCIS won't review it until it expires ?

The embassy sent back my case for adjudication, the USCIS received it in Oct.12, my fiance could make an appointment with their office and they told him the reason that the CO didn't believe us cause we got engaged after 2 months of knowing each other!

But we check our case status on the USCIS website and it says they are reviewing. He called them to ask about the expiration they said call the NVC and the NVC gave him a clear answer that the case can't be expired as long the USCIS people are reviewing it. In case they reaffirm the case it will be valid for more 4 months so I can re do my medical exam and get a new police certificate! 

Should we wait or withdraw it and get married then apply for the CR1

[NigeriaorBust 4,087]

  The K1 approval has a limited validity period.  So while  waiting to be reviewed it expires.  They do this all the time .   They send the box to storage until it is expired .  You will get a letter that says it expired in 6 months.   Consider it dead now

[Ebunoluwa 6,136]

14 hours ago, Nody said:

What do you mean the USCIS won't review it until it expires ?

The embassy sent back my case for adjudication, the USCIS received it in Oct.12, my fiance could make an appointment with their office and they told him the reason that the CO didn't believe us cause we got engaged after 2 months of knowing each other!

But we check our case status on the USCIS website and it says they are reviewing. He called them to ask about the expiration they said call the NVC and the NVC gave him a clear answer that the case can't be expired as long the USCIS people are reviewing it. In case they reaffirm the case it will be valid for more 4 months so I can re do my medical exam and get a new police certificate! 

Should we wait or withdraw it and get married then apply for the CR1

It will not be reviewed. They notify that it will and it is an outdated template no one has bothered to update.
It will be purposely expired. K1's are not reviewed even though they tell you so.
There is nothing to withdraw in your situation. They will see that the K1 was returned and is sitting to expire and the new CR1 petition will
run it's course and be adjudicated.
Visit, marry, file a CR1.
 

[Nody 165]

12 minutes ago, Ebunoluwa said:

It will not be reviewed. They notify that it will and it is an outdated template no one has bothered to update.
It will be purposely expired. K1's are not reviewed even though they tell you so.
There is nothing to withdraw in your situation. They will see that the K1 was returned and is sitting to expire and the new CR1 petition will
run it's course and be adjudicated.
Visit, marry, file a CR1.
 

Do they say that they are reviewing it while they don't ?

But they told my fiancé the reason when he went to their office. It means they were reviewing it and they knew the reason!

We are confused. To wait or just get married and file the CR1!!

And do you think they will deny the CR1 and send it back for adjudication too ?!

[Nody 165]

The NVC person was very clear! He said the case can't be expired while they are reviewing it! 

[Ebunoluwa 6,136]

3 hours ago, Nody said:

Do they say that they are reviewing it while they don't ?

But they told my fiancé the reason when he went to their office. It means they were reviewing it and they knew the reason!

We are confused. To wait or just get married and file the CR1!!

And do you think they will deny the CR1 and send it back for adjudication too ?!

1.Yes.
2.Knowing the reason doesn't know they are reviewing it.
3.Get married.
4.No, they will not automatically return your next petition for a CR1 unless you have not overcome the reason of return for the K1.
Front load your next petition which lots of relationship evidence and address the reason of the K1 return in a timeline relationship letter.
IF the CR1 also gets returned then you have another chance with it because a CR1 will get reviewed after a return. 

 

[Ebunoluwa 6,136]

3 hours ago, Nody said:

The NVC person was very clear! He said the case can't be expired while they are reviewing it! 

The NVC person is very ignorant. It will not be reviewed. He is mixed up with AP cases and spousal visas.

[Ontarkie 14,222]

~~Post split off to it's own thread along with related replies. Please do not post your questions in other members threads it can cause confusion to the OT.~~

[Naes 12,205]

.

Edited December 1, 2017 by Naes
Different situation

[Nody 165]

1 hour ago, Ebunoluwa said:

The NVC person is very ignorant. It will not be reviewed. He is mixed up with AP cases and spousal visas.

Would you please post a link of your process cause I couldn't understand the timeline.. 

I read that your first I-129 was expired then what did you do ?!  

If you have posted that before just send me the link, please..

I wanted to thank you for your help!

[Ebunoluwa 6,136]

26 minutes ago, Nody said:

Would you please post a link of your process cause I couldn't understand the timeline.. 

I read that your first I-129 was expired then what did you do ?!  

If you have posted that before just send me the link, please..

I wanted to thank you for your help!

The short version:

Filed petition for a  K1 2010 and we were in AP for 16 1/2 months and then denied.
Tried to marry which didn't work out due to corrupt local officials and bogus district residential rules which they changed constantly.
Left unmarried and went back home.
Filed another I-129 for a K1.
K1 approved after phone call to me (USC).






 

[Nody 165]

15 minutes ago, Ebunoluwa said:

The short version:

Filed petition for a  K1 2010 and we were in AP for 16 1/2 months and then denied.
Tried to marry which didn't work out due to corrupt local officials and bogus district residential rules which they changed constantly.
Left unmarried and went back home.
Filed another I-129 for a K1.
K1 approved after phone call to me (USC).






 

Well, we applied in Jan. 2017 got approved in April. My interview was in June (red flags). Then I was on AP till the end of Aug. Then the embassy sent it back to the USCIS. the USCIS received our case on Oct.12

My fiancé made an appointment with their office in Dallas they told him the reason was the CO didn't believe us cause we got engaged after 2 months of knowing each other and they advised him to wait either to reaffirm or sending him a NOIR!

What's better now ? To get married then file CR1 or re-file k1 ?!

[Ebunoluwa 6,136]

8 minutes ago, Nody said:

Well, we applied in Jan. 2017 got approved in April. My interview was in June (red flags). Then I was on AP till the end of Aug. Then the embassy sent it back to the USCIS. the USCIS received our case on Oct.12

My fiancé made an appointment with their office in Dallas they told him the reason was the CO didn't believe us cause we got engaged after 2 months of knowing each other and they advised him to wait either to reaffirm or sending him a NOIR!

What's better now ? To get married then file CR1 or re-file k1 ?!

Petitioners will not receive a NOIR for a returned K1, only for a returned CR/IR visa. My advice is to marry and file a CR1 as I said if it gets returned you will then have a chance for reaffirmation with a NOIR response but never with a K1. You can try of course to file a second K1 as many are also successful with it but a CR1 does not expire upon return. It is a personal decision and with a CR1 there is no AOS to wait for once here. 

[Ebunoluwa 6,136]

USCIS is called the misinformation line here on VJ because they give out wrong info and NVC isn't much better in returned petitions questions. I am sorry but they are wrong and you have to start over.