DCF for Ukrainian wife in Cyprus.

[Jjackson123 20]

6 minutes ago, Boiler said:

They did not used to be. So probably.

They were told the I-130 was being sent to NVC for processing. Im wondering if NVC sent it to the USCIS like my case. The NVC does not have my case number in their system. I called yesterday. 

[Boiler 45,733]

2 minutes ago, Jjackson123 said:

They were told the I-130 was being sent to NVC for processing. Im wondering if NVC sent it to the USCIS like my case. The NVC does not have my case number in their system. I called yesterday. 

I assume if somebody deep delved into new regulations there may be an explanation as to what has changed.

 

[Jjackson123 20]

4 minutes ago, Boiler said:

I assume if somebody deep delved into new regulations there may be an explanation as to what has changed.

 

Where can this information be found? 

[Boiler 45,733]

Probably the Foreign Affairs Manual.

[Jjackson123 20]

1 minute ago, Boiler said:

Probably the Foreign Affairs Manual.

I will look to see if I can find anything useful. 

[Chancy 6,242]

13 minutes ago, Boiler said:

I assume if somebody deep delved into new regulations there may be an explanation as to what has changed.

 

Or the consulate has doubts as to whether this case is clearly approvable, so they asked for USCIS review.  DCF is only for cases that meet the DOS criteria for clearly approvable.  Based on DOS FAM, if a case is not clearly approvable, the consulate must return the case to NVC, then NVC will send the case to USCIS for processing.  Refer to section 9 FAM 504.2-4 re: Petitions Filed at Consular Offices Abroad -- https://fam.state.gov/fam/09FAM/09FAM050402.html

 

[Jjackson123 20]

3 minutes ago, Chancy said:

 

Or the consulate has doubts as to whether this case is clearly approvable, so they asked for USCIS review.  DCF is only for cases that meet the DOS criteria for clearly approvable.  Based on DOS FAM, if a case is not clearly approvable, the consulate must return the case to NVC, then NVC will send the case to USCIS for processing.  Refer to section 9 FAM 504.2-4 re: Petitions Filed at Consular Offices Abroad -- https://fam.state.gov/fam/09FAM/09FAM050402.html

 

i read that also but, I never was told that the case was not clearly approvable even now. The consular gave us everything for the next steps. 

[Jjackson123 20]

They said it is in administrative processing.

[Boiler 45,733]

11 minutes ago, Chancy said:

 

Or the consulate has doubts as to whether this case is clearly approvable, so they asked for USCIS review.  DCF is only for cases that meet the DOS criteria for clearly approvable.  Based on DOS FAM, if a case is not clearly approvable, the consulate must return the case to NVC, then NVC will send the case to USCIS for processing.  Refer to section 9 FAM 504.2-4 re: Petitions Filed at Consular Offices Abroad -- https://fam.state.gov/fam/09FAM/09FAM050402.html

 

Historically I do not remember this happening now it is, take that for what it is worth 

[Chancy 6,242]

4 minutes ago, Boiler said:

Historically I do not remember this happening now it is, take that for what it is worth 

 

Here's one such case from 2 years ago --

 

 

[Jjackson123 20]

1 minute ago, Chancy said:

 

Here's one such case from 2 years ago --

 

 

I saw that post but i was never told my petition was not clearly approvable. It has been one month since we filed and they said its in administrative processing. They would have emailed me by now if my case was not clearly approvable. 

[Boiler 45,733]

Why would a Ukrainian DCF not be clearly approvable 

[Jjackson123 20]

9 minutes ago, Boiler said:

Why would a Ukrainian DCF not be clearly approvable 

The only thing I can think of wife girlfriend at the time applied for a tourist visa on March 8,2022 got denied. We got married on March 14,2022.
I have a ton on information to show our marriage in real. 

I submitted my passport pages showing I have visited her 12 times in Ukraine, text messages from 2019,2020 and 2021, 25 plus photos from 10 different countries we have visited together,

and affidavits from 2 of my family members. 

[millefleur 5,047]

46 minutes ago, Jjackson123 said:

The only thing I can think of wife girlfriend at the time applied for a tourist visa on March 8,2022 got denied. We got married on March 14,2022.

A B visa denial has no bearing on whether or not she can get an immigrant visa.

 

Sounds like you have a lot of evidence. Cyprus office could just be slow and unfamiliar with the process.

[Jjackson123 20]

6 minutes ago, millefleur said:

A B visa denial has no bearing on whether or not she can get an immigrant visa.

 

Sounds like you have a lot of evidence. Cyprus office could just be slow and unfamiliar with the process.

We were not married at the time of denial.