(K1 VISA) Why the DOS sends case to USCIS for review after approval notice ?

[Usaginomimi 2]

Hi,

 

We have applied the K1 VISA last year and we have got a notice of approval. We have been waiting for the Case number since then.

Instead of the Case number, We have received a notice that "the Department of State sent our case to USCIS for review.

We are reviewing it, and will notify you by mail when we are done.".

 

We assume that that Department of State returned our case to the USCIS to review our case again.

Does this meant that they found a problem/problems with the once approved application ?

 

If you have the same experiences, What can be the reason of returning the case to the USCIS ?

If the case is returned to the USCIS, is it unlikely to be approved ?

 

We are confused and depressed having received this notice after an approval notice.

 

I would appreciate it if you could share your experiences.

 

Many thanks,

 

Usaginomimi

 

[SalishSea 17,819]

46 minutes ago, Usaginomimi said:

Hi,

 

We have applied the K1 VISA last year and we have got a notice of approval. We have been waiting for the Case number since then.

Instead of the Case number, We have received a notice that "the Department of State sent our case to USCIS for review.

We are reviewing it, and will notify you by mail when we are done.".

 

We assume that that Department of State returned our case to the USCIS to review our case again.

Does this meant that they found a problem/problems with the once approved application ?

 

If you have the same experiences, What can be the reason of returning the case to the USCIS ?

If the case is returned to the USCIS, is it unlikely to be approved ?

 

We are confused and depressed having received this notice after an approval notice.

 

I would appreciate it if you could share your experiences.

 

Many thanks,

 

Usaginomimi

 

If an approved petition is sent back to USCIS from NVC or the consulate, it is often due to a clerical error.   Less commonly, it could be due to having been incorrectly approved.  If it was approved and there is actually something missing, they'll send you an RFE.  

 

If it was a missing signature or stamp on their part, they'll fix it and send it back to the DOS for the next part of the process.

 

Unnerving, but in the vast majority of the cases of this happening that I've read over the years at VJ, it has been a clerical error, and the case progressed normally after it was fixed.   Hang in there!

[Usaginomimi 2]

Hi Jorgedig,

 

Thank you.

If it's an usual clerical error, that should be OK but my fiance is worried and  afraid that NVC denied our case and

USCIS must review it closely. It's indeed unnerving after having waited for more than 1 year.

[jan22 3,052]

13 minutes ago, Usaginomimi said:

Hi Jorgedig,

 

Thank you.

If it's an usual clerical error, that should be OK but my fiance is worried and  afraid that NVC denied our case and

USCIS must review it closely. It's indeed unnerving after having waited for more than 1 year.

NVC has no authority to deny (or approve, for that matter) a case.  It serves as an administrative clearinghouse for case preparation and documentation.

Edited September 4, 2022 by jan22

[Usaginomimi 2]

Thank you.  I hope it's just a clerical error. 

[SalishSea 17,819]

11 hours ago, Usaginomimi said:

Hi Jorgedig,

 

Thank you.

If it's an usual clerical error, that should be OK but my fiance is worried and  afraid that NVC denied our case and

USCIS must review it closely. It's indeed unnerving after having waited for more than 1 year.

I get that.   As Jan said, NVC/DOS cannot deny petitions.   Most likely scenario is that there was something missing that got flagged and needs to be fixed before they can batch it out to the consulate.

 

USCIS will contact you if they need more info, but my guess is still the issue is on their end.

 

please keep us updated.

[Usaginomimi 2]

Thank you.

 

I will keep you updated.

Is there any possibility that USCIS will do our background check again or request additional info ?

 

 

 

 

[SalishSea 17,819]

41 minutes ago, Usaginomimi said:

Thank you.

 

I will keep you updated.

Is there any possibility that USCIS will do our background check again or request additional info ?

 

 

 

 

Anything is possible, although the primary background checks on the petitioner happen in the consular part of the process.  

 

If they need more info from you, they'll contact you.

[Usaginomimi 2]

24 minutes ago, Jorgedig said:

Anything is possible, although the primary background checks on the petitioner happen in the consular part of the process.  

 

If they need more info from you, they'll contact you.

Thank you. When does the consular part of the process take place  ? 

[SalishSea 17,819]

1 hour ago, Usaginomimi said:

Thank you. When does the consular part of the process take place  ? 

NVC sends approved petitions to the consulates once requested....  timing on that can really vary.  Some consulates have recovered from Covid backlogs and are quite efficient.  Others still have huge queues.

 

In generally, you will be notified when your petition is in transit to the consulate, and then consulate will send the petitioner a 'packet 3' email, which outlines the next steps, such as scheduling the medical exam and obtaining police report, as well as interview details.

 

But again, these details are quite consulate-specific.  I'm speaking out of experience from what Auckland did in 2018.

[Usaginomimi 2]

1 hour ago, Jorgedig said:

NVC sends approved petitions to the consulates once requested....  timing on that can really vary.  Some consulates have recovered from Covid backlogs and are quite efficient.  Others still have huge queues.

 

In generally, you will be notified when your petition is in transit to the consulate, and then consulate will send the petitioner a 'packet 3' email, which outlines the next steps, such as scheduling the medical exam and obtaining police report, as well as interview details.

 

But again, these details are quite consulate-specific.  I'm speaking out of experience from what Auckland did in 2018.

Thank you. I thought background checks were done before NOA2. It seems that all we can do is to wait for further notice.  

Best, 

 

[SalishSea 17,819]

7 hours ago, Usaginomimi said:

Thank you. I thought background checks were done before NOA2. It seems that all we can do is to wait for further notice.  

Best, 

 

The petition is primarily about the petitioner, so background checks done prior to approval are as such.   Background checks may be done at any point throughout the process though.

[Jessica and Umar 3]

Hello. This same situation happened to me. Did you ever get any feedback from USCIS or NVC? Has your case proceeded?

[Usaginomimi 2]

On 9/6/2022 at 12:22 AM, Jorgedig said:

The petition is primarily about the petitioner, so background checks done prior to approval are as such.   Background checks may be done at any point throughout the process though.

Hello Jorgedig,   I have just received the second approval 40 days after our case was sent back to USCIS.  I have no idea why it went back to USCIS. I am now waiting for the case number to come. Another a couple of months waiting?? But, the most stressful part is over.  Thank you.

[Usaginomimi 2]

22 hours ago, Jessica and Umar said:

Hello. This same situation happened to me. Did you ever get any feedback from USCIS or NVC? Has your case proceeded?

Hi, I have just received approval notice for the second time. I hope yours will come soon.