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Filed: Citizen (apr) Country: Jamaica
Timeline
Posted (edited)

Good afternoon guys

i got a notice from the NVC today, awaiting the files for K1 visa to sent to the embassy,that the files are been returned to the USCIS. 

Is this usual?

please tell me that it's on the way to the embassy and not rejected

Edited by Harrydawg
Filed: AOS (apr) Country: Philippines
Timeline
Posted
1 hour ago, Harrydawg said:

Good afternoon guys

i got a notice from the NVC today, awaiting the files for K1 visa to sent to the embassy,that the files are been returned to the USCIS. 

Is this usual?

please tell me that it's on the way to the embassy and not rejected

NVC doesn't reject anything.  They assign and forward the file to the appropriate consulate.  That is all they do for a K-1 petition

YMMV

Filed: Citizen (apr) Country: Jamaica
Timeline
Posted
1 hour ago, payxibka said:

NVC doesn't reject anything.  They assign and forward the file to the appropriate consulate.  That is all they do for a K-1 petition

Oh ok. 

So wouldnt  the letter say case forwarded to the Embassy? It says sent to the USCIS 

  • 2 weeks later...
Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
On 3/24/2018 at 2:12 PM, Harrydawg said:

Good afternoon guys

i got a notice from the NVC today, awaiting the files for K1 visa to sent to the embassy,that the files are been returned to the USCIS. 

Is this usual?

please tell me that it's on the way to the embassy and not rejected

Did you open and inquiry prior? 

Filed: K-1 Visa Country: Singapore
Timeline
Posted

Actually, contrary to popular belief, NVC does additional background checks as well. It definitely doesn't accept or reject cases, but it will send cases back to USCIS for further processing if need be.

 

The reasons for this are endless, sometimes, it could simply be the fact that it cannot get a hold of the beneficiary's contact details, like the beneficiary address on the I-129F is incomplete or unavailable. When things like this happens, NVC sends the case back to USCIS so that USCIS may sent an RFE to the petitioner. 

 

Sometimes, it's bad, and there are multiple perfectly reasonable and unreasonable reasons, and NVC will send the case back to USCIS for the case to expire there.

 

Do open an inquiry with USCIS when they receive your case from NVC, they will inform you on the whys and what to do.

 

Good luck.

Filed: Citizen (apr) Country: Jamaica
Timeline
Posted
53 minutes ago, AL-MJD said:

Actually, contrary to popular belief, NVC does additional background checks as well. It definitely doesn't accept or reject cases, but it will send cases back to USCIS for further processing if need be.

 

The reasons for this are endless, sometimes, it could simply be the fact that it cannot get a hold of the beneficiary's contact details, like the beneficiary address on the I-129F is incomplete or unavailable. When things like this happens, NVC sends the case back to USCIS so that USCIS may sent an RFE to the petitioner. 

 

Sometimes, it's bad, and there are multiple perfectly reasonable and unreasonable reasons, and NVC will send the case back to USCIS for the case to expire there.

 

Do open an inquiry with USCIS when they receive your case from NVC, they will inform you on the whys and what to do.

 

Good luck.

I didn't open an enquiry with them - either the USCIS or the NVC. When I spoke with the rep at the NVC, prior to the recall I was told that our files would not be held as all the processing would have been done in Jamaica. She stated that the hold time would be days before it was forwarded so I was ultimately surprised when I got a letter saying it was rejected to the USCIS. 

At this point I need an answer as for the reason for them to send it back to the USCIS.

Time will tell and if I can extend the deadline to prevent it from expiring I will

9 hours ago, CheriandRichard said:

Did you open and inquiry prior? 

I didn't open an enquire.

How would I do that?

Filed: K-1 Visa Country: Singapore
Timeline
Posted
5 hours ago, Harrydawg said:

I didn't open an enquiry with them - either the USCIS or the NVC. When I spoke with the rep at the NVC, prior to the recall I was told that our files would not be held as all the processing would have been done in Jamaica. She stated that the hold time would be days before it was forwarded so I was ultimately surprised when I got a letter saying it was rejected to the USCIS. 

At this point I need an answer as for the reason for them to send it back to the USCIS.

Time will tell and if I can extend the deadline to prevent it from expiring I will

So if I understand correctly, you have received a eejection already? I think -- and do understand that it is my belief and for this particular topic, I'm not very certain how it truly works -- the USCIS does background checks on the petitioner before sending the petition to NVC.

 

After the NVC receives your case, it will assign you a case number and take a few days for additional background checks, this time, on the beneficiary. This is why it takes some time from the case receipt date to case in transit to Embassy date. Each and every organisation your petition/case goes to will do their background checks.

 

If your case was rejected, there is a possibility - I'm not saying it's definite - that something is not right with the beneficiary's background.

 

Inquiry-wise, I am under the impression that rejected K1s cannot be appealed for, only reapplied for. If you did not get rejected, you will have to call USCIS and the officer will tell you why it was returned to USCIS, or send an inquiry online under "Inquiry for cases beyond normal processing times."

 

In any case, if your petition was rejected, you should have received a form explaining why.

Filed: Citizen (apr) Country: Jamaica
Timeline
Posted
2 hours ago, AL-MJD said:

So if I understand correctly, you have received a eejection already? I think -- and do understand that it is my belief and for this particular topic, I'm not very certain how it truly works -- the USCIS does background checks on the petitioner before sending the petition to NVC.

 

After the NVC receives your case, it will assign you a case number and take a few days for additional background checks, this time, on the beneficiary. This is why it takes some time from the case receipt date to case in transit to Embassy date. Each and every organisation your petition/case goes to will do their background checks.

 

If your case was rejected, there is a possibility - I'm not saying it's definite - that something is not right with the beneficiary's background.

 

Inquiry-wise, I am under the impression that rejected K1s cannot be appealed for, only reapplied for. If you did not get rejected, you will have to call USCIS and the officer will tell you why it was returned to USCIS, or send an inquiry online under "Inquiry for cases beyond normal processing times."

 

In any case, if your petition was rejected, you should have received a form explaining why.

The case wasn't rejected but I got  a letter from the NVC saying that the case was sent back to the USCIS and that I need to contact them for further information. I already have my visa number and invoice number. There was no rejection as USCIS is telling me that after a week of the NVC sending it back they have no record of the item and why it was sent back. Their suggestion is that I wait for 180 days before I contact them and on numerous occasion that I need not worry about the expiration date in May as the case will remain current. I plan to call them and make an effort to escalate it to Tier 2 on Monday. None of it makes sense. 

Filed: K-1 Visa Country: Singapore
Timeline
Posted
10 hours ago, Harrydawg said:

The case wasn't rejected but I got  a letter from the NVC saying that the case was sent back to the USCIS and that I need to contact them for further information. I already have my visa number and invoice number. There was no rejection as USCIS is telling me that after a week of the NVC sending it back they have no record of the item and why it was sent back. Their suggestion is that I wait for 180 days before I contact them and on numerous occasion that I need not worry about the expiration date in May as the case will remain current. I plan to call them and make an effort to escalate it to Tier 2 on Monday. None of it makes sense. 

Oh that's a relief. Perhaps they misplaced a document in your petition? Like something went missing between approval and NVC receipt.

  • 4 weeks later...
Filed: Citizen (apr) Country: Jamaica
Timeline
Posted
On April 8, 2018 at 7:58 AM, AL-MJD said:

Oh that's a relief. Perhaps they misplaced a document in your petition? Like something went missing between approval and NVC receipt.

Guys

i have had a rough few weeks because both agencies, NVC and USCIS, have been giving me conflicting answers to my queries. When our file was returned on April 9th I have been in contact with USCIS and they told me that it was the NVC that returned the files only to have the state department contradict that narrative saying that it was the former that requested that they return the file on March 30th! 

I have had the my calls escalated to Tier 2 with the USCIS and ask that a case be opened and the response be sent to me in writing and also to my email. The last time I spoke with them was Wednesday of this week. I got an email yesterday evening saying that the case was resent to the NVC for processing , on 4/27/2018, and I should wait 30 days before contacting them - our expiration date is May 5th.

i almost lost hope and to date there is no offer of an explanation of the chain of events. 

We didn't stop collecting data for our "interview files folder" as I was hopeful that we would prevail.- still not out of the woods yet but.......

Filed: Lift. Cond. (pnd) Country: Japan
Timeline
Posted
1 hour ago, Harrydawg said:

Guys

i have had a rough few weeks because both agencies, NVC and USCIS, have been giving me conflicting answers to my queries. When our file was returned on April 9th I have been in contact with USCIS and they told me that it was the NVC that returned the files only to have the state department contradict that narrative saying that it was the former that requested that they return the file on March 30th! 

I have had the my calls escalated to Tier 2 with the USCIS and ask that a case be opened and the response be sent to me in writing and also to my email. The last time I spoke with them was Wednesday of this week. I got an email yesterday evening saying that the case was resent to the NVC for processing , on 4/27/2018, and I should wait 30 days before contacting them - our expiration date is May 5th.

i almost lost hope and to date there is no offer of an explanation of the chain of events. 

We didn't stop collecting data for our "interview files folder" as I was hopeful that we would prevail.- still not out of the woods yet but.......

If they resent it they must have extended the validity too don’t worry about that it’s not on you. And you can just extend it at the embassy level too.

 

if they sent it by 4/27. You can start calling them around next week hopefully. It is taking 2-3 weeks for NVC now but that’s usually from noa2. So don’t worry about the expiration date at least.

 

good luck

Filed: Citizen (apr) Country: Jamaica
Timeline
Posted
5 hours ago, Naes said:

If they resent it they must have extended the validity too don’t worry about that it’s not on you. And you can just extend it at the embassy level too.

 

if they sent it by 4/27. You can start calling them around next week hopefully. It is taking 2-3 weeks for NVC now but that’s usually from noa2. So don’t worry about the expiration date at least.

 

good luck

Thank you

  • 2 months later...
Filed: Citizen (apr) Country: Jamaica
Timeline
Posted

Guys,

The good news is that my fiancé got through the interview with relative ease yesterday. I didn't bother going back to Kingston to accompany her as I was there 3 weeks ago. Will update my timeline and put the questions from the interview.

 

 
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