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Clumsyheir1

Returned to USCIS

By Clumsyheir1 in Philippines

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Clumsyheir1 Newbie

Clumsyheir1   0

Posted
Filed: EB-3 Visa Timeline
Posted

bHi,everyone!

Wanted to share my experience and gain some thoughts as well. I was interviewed in US embassy last Sept.25 yet I was placed under Administrative Processing. Thing with my case, I changed my marital status. When I applied my petition, I was still single and just got married July this year. I thought it will be fine because this was also the advised of my agency ( to get married before my embassy interview). I am under EB3 visa application btw.

 

So now, after one month, I received back my passport from Embassy -- no visa even if a message from US embassy told  me that I will be receiving the visa, yet what I got was an attached  letter saying that they returned my petition to USCIS.

 

I am so broken hearted. Any case similar to this where they sent back petition to USCIS and still issued a visa? Is it because of my change status that I might get denied? Or is the process took longer because my experience was also from overseas.. doing some background check might be toxic. I waited 8 years to make this happen and now I just don't know. Im still looking for some hope..keep my faith and stay strong.

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Greenbaum Grand Master

Greenbaum   12,259

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Once you got married that changed the visa type you were originally applying for. Now you must start over applying for IR-1/CR-1 visa. Go up to the blue ribbon on this page and select "guides" and you will find information on what you need to do.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Crazy Cat Grand Master

Crazy Cat   41,903

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
10 minutes ago, Greenbaum said:

Once you got married that changed the visa type you were originally applying for. Now you must start over applying for IR-1/CR-1 visa. Go up to the blue ribbon on this page and select "guides" and you will find information on what you need to do.

The OP is not a US citizen......it was an EB3 visa.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Hank_ Grand Master

Hank_   9,174

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Filed: Other Country: Philippines
 Timeline
Posted
24 minutes ago, Greenbaum said:

Once you got married that changed the visa type you were originally applying for. Now you must start over applying for IR-1/CR-1 visa. Go up to the blue ribbon on this page and select "guides" and you will find information on what you need to do.

EB3 is an employed base visa, not sure that marriage matters, for sure would not change the visa type.

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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kid1412 Explorer

kid1412   62

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Timeline
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37 minutes ago, Clumsyheir1 said:

 Is it because of my change status that I might get denied? 

I don't think so. EB3 is employment so it doesn't matter if you're married, not married, have 5 kids or no kid. How did your interview go? What did they ask? Did they seem to focus on your employer or on you? Most of the time, it is because they don't believe there is a valid employer-employee relationship or they don't believe the employer intend to or be able to continue the employer-employee relationship after you arrive in the US. Without more details, it is hard to say. I believe the procedure to return to USCIS is similar to FB petitions, that is once USCIS receives the returned petition from State, they will issue a NOID to the petitioner, the petitioner has a certain amount of time to respond and rebut. Then USCIS can either reaffirm the case and send back to the Consulate for another interview, or the will revoke the petition. 

 

 

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Boiler Grand Master

Boiler   45,558

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Have you talked to your Employer and their Lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,558

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
2 minutes ago, cd37 said:

I dont understand. If you are on Path to GC through EB3 category, why you are interviewing in embassy. It should be in country interview at uscis local office. Are you not on h1b visa ?

Huh?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
2 minutes ago, cd37 said:

I dont understand. If you are on Path to GC through EB3 category, why you are interviewing in embassy. It should be in country interview at uscis local office. Are you not on h1b visa ?

Why not...? If one is abroad, they must go for the visa.

Nothing regarding H-1B was stated.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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cd37 Collaborator

cd37   229

Posted
Filed: Country: India
 Timeline
Posted
Just now, geowrian said:

Why not...? If one is abroad, they must go for the visa.

Nothing regarding H-1B was stated.

So OP is applying for green card on eb3 category being outside of US ? I dont think eb1, eb2 and eb3 categories work that way. 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
Just now, cd37 said:

So OP is applying for green card on eb3 category being outside of US ? I dont think eb1, eb2 and eb3 categories work that way. 

They are applying for an EB-3 visa. That will result in permanent residency upon entry into the US.

Why not? There is no requisite to have any other visa or work in the US first. Many people get an EB-3 visa abroad.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Boiler Grand Master

Boiler   45,558

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
2 minutes ago, cd37 said:

So OP is applying for green card on eb3 category being outside of US ? I dont think eb1, eb2 and eb3 categories work that way. 

More huh.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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cd37 Collaborator

cd37   229

Posted
Filed: Country: India
 Timeline
Posted
1 minute ago, geowrian said:

They are applying for an EB-3 visa. That will result in permanent residency upon entry into the US.

Why not? There is no requisite to have any other visa or work in the US first. Many people get an EB-3 visa abroad.

Hhmm i was on eb2 category few years ago but never heard that you can do that being outside of US. Good to know. Thanks.

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
8 minutes ago, geowrian said:

They are applying for an EB-3 visa. That will result in permanent residency upon entry into the US.

Why not? There is no requisite to have any other visa or work in the US first. Many people get an EB-3 visa abroad.

All visas can only be gotten abroad 

YMMV

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
Just now, payxibka said:

All visas can only be gotten abroad 

True

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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