Returned to USCIS

[Boiler 45,558]

You can only get a visa outside the US.

[Hank_ 9,174]

50 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. 

EB3 is a visa ... which can lead to a green card.    Have to get INTO the USA first .. thus the visa

[cd37 229]

21 minutes ago, Hank_ said:

EB3 is a visa ... which can lead to a green card.    Have to get INTO the USA first .. thus the visa

Eb3 is a category. You can get a visa in that category or do AOS under that category if you r in country.

[Hank_ 9,174]

12 minutes ago, cd37 said:

Eb3 is a category. You can get a visa in that category or do AOS under that category if you r in country.

Do understand it is a category ... a visa category (and this person is IN the Philippines, not USA, IF already in the USA it would then be a green card).     

Edited October 25, 2018 by Hank_

[Crazy Cat 41,903]

13 minutes ago, cd37 said:

Eb3 is a category. You can get a visa in that category or do AOS under that category if you r in country.

To clarify:  The OP is not in the US.  The OP has interviewed for a EB visa in order to enter the US as a worker.........when and if the OP enters the US via the EB visa, it can lead to a Green Card.....

 

All US entry visas are obtained outside the US.......

[Boiler 45,558]

EB is an Immigrant category, like IR.

[Crazy Cat 41,903]

4 minutes ago, Boiler said:

EB is an Immigrant category, like IR.

Got it now.....Thanks.

[payxibka 10,045]

The refusal must be based on other factors as the marriage is not it.

[payxibka 10,045]

From what I have read the most common reason is that the consular found something in the underlying petition that caused them to believe the petition should not have been approved.   They are sending back for reaffirmation or denial.   Once the uscis receives the petition they are required to provide the reason to the petitionner as well as allow the petitionner to respond 

[Clumsyheir1 0]

I am new to this forum and I am glad to see an overflowing respond to my case. I could not quote everyone who helped me realized my situation and those who explained it to others.

 

Thanks everyone. 😄

 

Yes, I am applying my EB3 (visa category) outside US (Philippines). It is an employment based visa wherein one of its benefits is you can add a derivative (spouse/unmarried children) in the petition.

 

It is good to know that my sudden marriage does not have to be the reason for denial.  I am starting to think that I made a wrong decision to marry that cause my American dream to collapse. 😅

 

Bit sad because I have read through that once your papers are returned back to USCIS there is less chance that it will be approved. I followed up with my employer and they said they will be discussing the issue with their lawyer. So, all I can do is wait how things will turn out. Do I still have a chance? 

 

It may take a long process again. And I already resigned from my previous job abroad also. Now Im thinking to just try my luck in different country maybe. Just hurts that I waited so long for this and just when I thought I'm already in the finish line I discovered to miss another lap. Survival is real. 

 

Again thanks everyone. I will update my case. Hoping theres still hope on this.

 

 

[payxibka 10,045]

2 minutes ago, Clumsyheir1 said:

I am new to this forum and I am glad to see an overflowing respond to my case. I could not quote everyone who helped me realized my situation and those who explained it to others.

 

Thanks everyone. 😄

 

Yes, I am applying my EB3 (visa category) outside US (Philippines). It is an employment based visa wherein one of its benefits is you can add a derivative (spouse/unmarried children) in the petition.

 

It is good to know that my sudden marriage does not have to be the reason for denial.  I am starting to think that I made a wrong decision to marry that cause my American dream to collapse. 😅

 

Bit sad because I have read through that once your papers are returned back to USCIS there is less chance that it will be approved. I followed up with my employer and they said they will be discussing the issue with their lawyer. So, all I can do is wait how things will turn out. Do I still have a chance? 

 

It may take a long process again. And I already resigned from my previous job abroad also. Now Im thinking to just try my luck in different country maybe. Just hurts that I waited so long for this and just when I thought I'm already in the finish line I discovered to miss another lap. Survival is real. 

 

Again thanks everyone. I will update my case. Hoping theres still hope on this.

 

 

If the employers lawyers are good then they should have a chance to get it affirmed.   Unfortunately nothing is fast with the uscis

[Clumsyheir1 0]

4 hours ago, payxibka said:

If the employers lawyers are good then they should have a chance to get it affirmed.   Unfortunately nothing is fast with the uscis

Thanks a lot. Your response is really informative and helpful. True, it may take time again. So now I have my passport back, I am thinking to just move forward. Hope my employer's lawyer can still do something. Thanks.

[Clumsyheir1 0]

8 hours ago, kid1412 said:

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. 

 

 

Thanks there. With the interview the consul happened to focus about my employer. Questions are basic anything that they can find from all the document I submitted. I was asked twice, where is my facility located. Who is my employer and if I was interviewed by them. About my marriage, the consul just asked what my husband's job and where did I meet him. The consul did not ask for any additional document as I have everything there. Thats why, I think youre right, it could be that it was sent back to USCIS to prove my connection with my employer. Thanks. 😊