Sent back to NVC after Interview

[K1/CR1 inquiring 1]

Has anyone had the case sent from the Interviewing consulate/ Embassy for Administrative Processing?  What does this mean?  What happened?

[gregcrs2 1,778]

It's common.  If you are approved, it should change within a few days.

[K1/CR1 inquiring 1]

Just now, gregcrs2 said:

It's common.  If you are approved, it should change within a few days.

Actually, he had his interview on November 8th.  The consulate wrote: Reconsideration of Petition on it.  Now it is in Administrative review...It is confusing.

[gregcrs2 1,778]

Reconsideration of Petition was written on what?    

[K1/CR1 inquiring 1]

Just now, gregcrs2 said:

Reconsideration of Petition was written on what?    

After the interview, the consulate gave him a form and wrote that on there.

[gregcrs2 1,778]

Does the form contain a reference to 221(g)?

 

[K1/CR1 inquiring 1]

yes, In the section 221 (g) she wrote: Reconsideration of Petition from USCIS.  I checked with USCIS, they told me it went back to NVC for administrative processing.  I checked with NVC, they just say that it is administrative processing and the decision will be made to send back to embassy or USCIS.  Keep getting different responses when I call.  

 

[gregcrs2 1,778]

Bottom line is the consular officer is questioning whether the petition should have been approved by USCIS and are requesting a reconsideration of the petition. 

[K1/CR1 inquiring 1]

Is that moving towards a denial?

Have you seen this happen?

[gregcrs2 1,778]

I have not seen this happen personally but it has happened.  If USCIS reaffirms the approval of the petition, the file will be sent back to the Dept. of State and the Consular Officer will either accept the petition as valid and continue processing the approval; or send the file back to USCIS with information that was not previously considered.  So it seems the consular officer believes there are inconsistencies in the visa petition.   It's possible that this could be moving towards a denial.

[K1/CR1 inquiring 1]

Thanks so much.

[geowrian 22,337]

It sounds like they don't believe the relationship is valid, or that the I-129F was otherwise incorrectly approved...such as if the CO thinks either of you were not or are not free to marry.

 

23 hours ago, gregcrs2 said:

If USCIS reaffirms the approval of the petition, the file will be sent back to the Dept. of State and the Consular Officer will either accept the petition as valid and continue processing the approval; or send the file back to USCIS with information that was not previously considered.

I-129Fs are not reviewed or reaffirmed by USCIS by current policy. It wil be sent back to NVC, then sent to USCIS, where it will sit to expire.

 

@OP

I highly suggest going over what exactly happened in the interview and why they would consider the relationship not to be bona fide. Are there any red flags? What was asked in the interview? What relationship evidence was presented? How much time have you spent together in person?

It's pretty unusual to see this from Italy...something must have keyed them off / tripped them up.

 

If they send the petition back to NVC, then I suggest figuring out why the visa was refused and fixing that, then either re-filing the K-1 or (optimally) getting married and filing for a CR-1.

 

This assumes they actually send it back, too...it sounds like they have not actually done so yet.

[K1/CR1 inquiring 1]

We are praying.  We had all of the paperwork and everything.  I think it is because I had an ex husband from the same country as my fiancé.  My EX was a fraudster but he was already here in the US to go to school but fraud me into marriage, I found out and divorced him after 10 months of marriage...That man is the opposite of my fiancé.