HELP my k-1papers from NVC, it returned again to USCIS

[DennisWaldron 124]

28 minutes ago, AbuAhkmed said:

No offense, but 32 years difference? I would return it, too, for a more thorough review.

Play nice kids... we are not here to judge. 

[AbuAhkmed 0]

6 minutes ago, DennisWaldron said:

Play nice kids... we are not here to judge. 

That is true. Good luck to all of us!

[John & Rose 7,239]

2 hours ago, usmsbow said:

Ok, so you e-mailed NVC asking what the status was on your case? And they replied by saying they sent it back to USCIS? Have you called NVC at all? If so, did they tell you the same thing? 

 

I suspect USCIS never sent your case to NVC, and whoever replied to your e-mail at NVC gave you wrong info. Why do I say that? Because 99 times out of 100, when there is a delay at this stage, it is USCIS' mistake. For whatever reason, they fail to get the approved petition to NVC. I speak from personal experience. 

 

I don't recall NVC ever sending a file back to USCIS for a K-1 petition. 

NVC sends them back but it is not common. It is also not rare. My guess is the age difference raised red flags. NVC can also send it back to USCIS to let it die. That is why the OP needs to make sure he does his due diligence. If they don’t push it USCIS may just let it expire. 

 

If if the relationship is real they will need to prove it. I’ve seen bigger age differences work but it was anything but easy. I believe the USC was 82 and the beneficiary was 45. They did eventually get approved but it was a long difficult journey. 

[usmsbow 801]

5 minutes ago, John & Rose said:

NVC sends them back but it is not common. It is also not rare. My guess is the age difference raised red flags. NVC can also send it back to USCIS to let it die. That is why the OP needs to make sure he does his due diligence. If they don’t push it USCIS may just let it expire. 

 

If if the relationship is real they will need to prove it. I’ve seen bigger age differences work but it was anything but easy. I believe the USC was 82 and the beneficiary was 45. They did eventually get approved but it was a long difficult journey. 

 

I don't recall ever seeing that on VJ, not even once for a K-1 visa. Plenty of times where the embassy sends it back to USCIS, but not NVC. 

 

Edited to add: there are some examples I found, but it was due to a USCIS error and not a petition being rejected. Here is one example:

 

And another example:

 

 

So OP, my advice is this: be as persistent as you can with USCIS. Odds are they made an error and unfortunately they're not going to fix it that quickly. I would also contact your congressman. 

 

 

Edited March 31, 2018 by usmsbow

[John & Rose 7,239]

3 minutes ago, usmsbow said:

 

I don't recall ever seeing that on VJ, not even once for a K-1 visa. Plenty of times where the embassy sends it back to USCIS, but not NVC. 

You may be right!  Come to think of it, it is usually the Embassy not NVC who sends it back. This is really weird. It must be something minor. I think the CO will have questions but NVC would just forward it to the Embassy. 

[geowrian 22,337]

I have seen an approved I-129F sent back to USCIS by NVC, where it was then send a NOIR and eventually revoked. But this was because the I-129F was incorrectly approved (I think it was a marriage/divorce issue? It's been a long while, sorry) and this was either caught by USCIS and requested the return, or caught by chance by somebody at NVC. But this is certainly not the norm...I'm just saying I have seen NVC send an I-129F back before sending it to the embassy.

 

Edit: Here's another case of an approved I-129F being sent back, but just needed to fix a mistake:

 

Edited March 31, 2018 by geowrian

[OlayemiLoray 172]

3 hours ago, AbuAhkmed said:

No offense, but 32 years difference? I would return it, too, for a more thorough review.

There are people they had significantly larger age gaps and still got approved..That shouldn't be a reason to return a petition to USCIS..OP you made need to get your senator or congressman involved as one poster stated if USCIS or NVC can't provide you an answer on the returned K1..

[JohnRiza 3]

My fiance and I are dealing with the same thing.  We received a NOA2 back in November 2017 approving our petition.  I inquired of USCIS in January 2018 and we were issued a second NOA2 with an approval date of January 31, 2018.  We then received an email on February 14th stating that the Department of State sent our petition back to the USCIS for review.  Just this week on March 28th we received an email stating that our case had been reopened.  So we are also now wondering what is going on.  We are hoping that reopening the case is just a formality in order to get it sent back to the NVC, but we just don't know.  We are also considering contacting our local congresswoman.

[Crazy Cat 41,845]

9 hours ago, OlayemiLoray said:

There are people they had significantly larger age gaps and still got approved..That shouldn't be a reason to return a petition to USCIS..OP you made need to get your senator or congressman involved as one poster stated if USCIS or NVC can't provide you an answer on the returned K1..

Significantly larger than a 32 year gap?  Please provide a link to these cases.........32 year difference WILL receive a lot of unwanted attention, especially at the consulate level.  That red flag alone would difficult to overcome without a LOT of time spent together imo.

[geowrian 22,337]

USEM is pretty well known not to put much weight on age gaps. Either way, it is what it is. Just show the relationship evidence you have.

Edited March 31, 2018 by geowrian

[payxibka 10,045]

6 hours ago, missileman said:

Significantly larger than a 32 year gap?  Please provide a link to these cases.........32 year difference WILL receive a lot of unwanted attention, especially at the consulate level.  That red flag alone would difficult to overcome without a LOT of time spent together imo.

Consulate specific answer here, so be careful with generalities

 

It is not NVC's role here is not to judge the relationship validity.  They will return petitions if an error has occurred not because of an age gap

Edited March 31, 2018 by payxibka

[Crazy Cat 41,845]

13 minutes ago, geowrian said:

USEM is pretty well known not to put much weight on age gaps. Either way, it is what it is. Just show the relationship evidence you have.

I hope so,for the OP's sake.

Just now, payxibka said:

Consulate specific answer here, so be careful with generalities

maybe so....

[payxibka 10,045]

2 minutes ago, missileman said:

I hope so,for the OP's sake.

maybe so....

better be otherwise I an screwed because I have a large age difference in my situation

[Crazy Cat 41,845]

Just now, payxibka said:

better be otherwise I an screwed because I have a large age difference in my situation

I seem to remember that it more common there. It seems odd that the NVC would send the Op's case back.....

 

[Angel3265 2]

2 minutes ago, payxibka said:

better be otherwise I an screwed because I have a large age difference in my situation

Im confused why NVC sent back our papers to USCIS, we don't get a case number anyway.