Case will return to USCIS after interview at Dakar Embassy --K1

[BKL0v3DKR 5]

Greetings,

 

My fiancee finally had his interview today at the Dakar Embassy. The CO asked several questions. My jobs, age, religion, review photos, paystubs, and chat. After she told him  that the "case will be sent to USCIS for review" if we don't hear anything within 4 month it's denied.

 

Of course I bombarded him with questions to try to see what kind of response will trigger this.

 

Check the CEAC website "Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks. Please follow any instructions provided by the Consular Officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed/available within two business days."

 

What's the time frame until we received a response from the USCIS/NVC.

 

Thank you

 

[Crazy Cat 41,845]

34 minutes ago, BKL0v3DKR said:

After she told him  that the "case will be sent to USCIS for review" if we don't hear anything within 4 month it's denied.

This is not good. It sounds like the CO has basically rejected your K-1.  If so, the case will not be reviewed.  It will sit at USCIS and it will expire.  Did the CO say why it is being sent back?  Your options are:

 

1. Figure out why the case was sent back, correct the issue, and reapply for K-1...Your fiance should have some idea as to why it was rejected at the consulate.

2.  Travel to his country, marry him, then submit paperwork for CR-1.  You will have to front load it with a lot of bonafide marriage evidence.

 

This will be a difficult journey.  I'm sorry.

 

EDIT:  There is no appeal for K-1s....

Edited March 22, 2018 by missileman

[Perfect two 💑 1,147]

29 minutes ago, BKL0v3DKR said:

Greetings,

 

My fiancee finally had his interview today at the Dakar Embassy. The CO asked several questions. My jobs, age, religion, review photos, paystubs, and chat. After she told him  that the "case will be sent to USCIS for review" if we don't hear anything within 4 month it's denied.

 

Of course I bombarded him with questions to try to see what kind of response will trigger this.

 

Check the CEAC website "Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks. Please follow any instructions provided by the Consular Officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed/available within two business days."

 

What's the time frame until we received a response from the USCIS/NVC.

 

Thank you

 

It is the other way for them to say you are denied. Once they sent it to USCIS, it will be there until it is expired. What you can do now is figure out why they sent the case back, and re-apply again after you overcome the reason of denial. 

[BKL0v3DKR 5]

4 minutes ago, missileman said:

 

Thank you

[BKL0v3DKR 5]

2 minutes ago, Perfect two 💑 said:

It is the other way for them to say you are denied. Once they sent it to USCIS, it will be there until it is expired. What you can do now is figure out why they sent the case back, and re-apply again after you overcome the reason of denial. 

We have to figure out the reason it was sent back.

Thank you

[geowrian 22,337]

Yeah, this sounds like a refusal and that they intend to send the I-129F pack to USCIS with a recommendation to revoke (which they won't do...it will just sit to expire under current policy). This only occurs when they believe the I-129F is invalid....the most common reason being because they don't believe the relationship is valid.

 

Do you have any idea why they think the relationship is not legitimate? How much time have you spent physically together (meaning in the physical presence of each other..not online/phone/whatever)? Do you have any red flags (large age gap, different religions, past handlings with US immigration, or anything else not common in your culture)? What exactly did they ask about? What relationship evidence was submitted?

For reference, I'm not expecting answers to all of the above here...just throwing them out as ideas for you to think about whether you decide to share any info or not.

[BKL0v3DKR 5]

20 hours ago, geowrian said:

Yeah, this sounds like a refusal and that they intend to send the I-129F pack to USCIS with a recommendation to revoke (which they won't do...it will just sit to expire under current policy). This only occurs when they believe the I-129F is invalid....the most common reason being because they don't believe the relationship is valid.

 

Do you have any idea why they think the relationship is not legitimate? How much time have you spent physically together (meaning in the physical presence of each other..not online/phone/whatever)? Do you have any red flags (large age gap, different religions, past handlings with US immigration, or anything else not common in your culture)? What exactly did they ask about? What relationship evidence was submitted?

For reference, I'm not expecting answers to all of the above here...just throwing them out as ideas for you to think about whether you decide to share any info or not.

I went to visit 3 times. I was just there in february. I spent 5 months in Senegal between 2016 and 2017. Our family met. we have pictures and logs proving our relationships. 

 

Trying to figure out the reason it is driving me crazy.

 

 

 

 

[Crazy Cat 41,845]

4 minutes ago, BKL0v3DKR said:

I went to visit 3 times. I was just there in february. I spent 5 months in Senegal between 2016 and 2017. Our family met. we have pictures and logs proving our relationships. 

 

Trying to figure out the reason it is driving me crazy.

 

 

 

 

Are you 100% sure your fiance is free to marry?  There have been cases reported where the CO thought the fiance had been previously married.  Did you have any kind of ceremony which might be seen as a traditional marriage?

 

I'm not making accusations.  I'm just mentioning things that have we've seen around here.

[Ebunoluwa 6,136]

On 3/21/2018 at 7:57 PM, BKL0v3DKR said:

Greetings,

 

My fiancee finally had his interview today at the Dakar Embassy. The CO asked several questions. My jobs, age, religion, review photos, paystubs, and chat. After she told him  that the "case will be sent to USCIS for review" if we don't hear anything within 4 month it's denied.

 

Of course I bombarded him with questions to try to see what kind of response will trigger this.

 

Check the CEAC website "Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks. Please follow any instructions provided by the Consular Officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed/available within two business days."

 

What's the time frame until we received a response from the USCIS/NVC.

 

Thank you

 

 

Sorry that happened to you. Happened to us also, we re filed and he is here now.
Senegal processes several countries, is he Senegalese or originally from another country ?
It's good to try to find out the reason but often they just refuse under the blanket statement and general term of "not bona fide and for immigration
benefits only."
You can email them and ask for the reason but likely won't hear back.
You can contact your senator and have him inquire on your behalf what the reason for return was.
They have to answer within 30 days to a senatorial inquiry.

Your returned K1 case will not be reviewed. K1's will not be denied but will be purposely expired.

.......she said the  "case will be sent to USCIS for review" if we don't hear anything within 4 month it's denied."   >>>>>>>>>>>that is a bunch of malarkey and 
plain wrong. They need to update CO's on these changes which happened about a decade ago instead of still peddling this outdated regulation.
Burns my butt every time I read it.

You have 2 choices :
1. re file a K1

2. marry and file a CR1, a much safer choice. Why ? Because if this also gets refused and returned then you will get a review because 
returned spousal visas (CR/IR) do get a review. K1's do not.

[BKL0v3DKR 5]

3 hours ago, Ebunoluwa said:

 

Sorry that happened to you. Happened to us also, we re filed and he is here now.
Senegal processes several countries, is he Senegalese or originally from another country ?
It's good to try to find out the reason but often they just refuse under the blanket statement and general term of "not bona fide and for immigration
benefits only."
You can email them and ask for the reason but likely won't hear back.
You can contact your senator and have him inquire on your behalf what the reason for return was.
They have to answer within 30 days to a senatorial inquiry.

Your returned K1 case will not be reviewed. K1's will not be denied but will be purposely expired.

.......she said the  "case will be sent to USCIS for review" if we don't hear anything within 4 month it's denied."   >>>>>>>>>>>that is a bunch of malarkey and 
plain wrong. They need to update CO's on these changes which happened about a decade ago instead of still peddling this outdated regulation.
Burns my butt every time I read it.

You have 2 choices :
1. re file a K1

2. marry and file a CR1, a much safer choice. Why ? Because if this also gets refused and returned then you will get a review because 
returned spousal visas (CR/IR) do get a review. K1's do not.

Thank you for the feedback. He is from Senegal. This is a lot to process. 

[Tima89 0]

I would recommend you going back to Dakar marry your fiance and file for the I 130. I had the same situation as well my husband went for his k1 interview in Feb 2016. After the interview they gave him a white sheet stating that our case will be put under administrative processing and we never heard from them again. My congressman made a congressional inquiry on our behalf and got the generic answer. After sending multiple emails I just gave up and went to marry him and after only 10 months he is finally here with me in the states. Dakar is a very tough embassy and most of their k1 visas get returned that's just a way for them telling you they don't believe in a genuine relationship so definitely think about filing for the I130.

[Ramona M 23]

On 4/4/2018 at 8:24 PM, Tima89 said:

I would recommend you going back to Dakar marry your fiance and file for the I 130. I had the same situation as well my husband went for his k1 interview in Feb 2016. After the interview they gave him a white sheet stating that our case will be put under administrative processing and we never heard from them again. My congressman made a congressional inquiry on our behalf and got the generic answer. After sending multiple emails I just gave up and went to marry him and after only 10 months he is finally here with me in the states. Dakar is a very tough embassy and most of their k1 visas get returned that's just a way for them telling you they don't believe in a genuine relationship so definitely think about filing for the I130.

@Tima89 how long did you wait after your denial before filing your I130 petition? Thank you...