Case sent back to NVC [merged threads]

[SalishSea 17,819]

2 hours ago, Kabar said:

Can they denied without any solid reason? If yes so the law allows me to try my luck again.

All denials have a solid reason, and it is not a luck based system.

 

Pakistan, like other countries with high levels of extremism and fraud, is a rough consulate.  Are you originally from there?  Has your spouse been married before?  Are you first cousins?

[Redro 4,611]

41 minutes ago, Kabar said:

I applied for both but will try to apply again and naturalize through parents and as per uscis the case is in nvc so what will happen next as per your knowledge and experience.

Generally your husband will be invited to interview again. In your previous thread you said he was denied in Abu Dhabi… so he should interview there. But, if he is in Pakistan now you will have to request they move the interview to Islamabad. The reason we keep asking for reason of denial is because if they didn’t believe your relationship was real your husband will have to show proof you are in a bonafide relationship. 
Generally when a case is denied the petitioner is given the opportunity to refute the allegations made by CO… but you seem to have skipped this step. So, I am confused. But, as long as you have continued to visit your husband in person while waiting for the new interview you should be in good shape. 

[Family 3,988]

3 hours ago, Kabar said:

The only thing I did is to spend more time with my husband in his country and no one has contacted me so how can I prove anything to anyone.

I didn't receive a letter from any of the department

Your attorney is not helping you. 
Stop waiting and file new I-130. Also FOIA the Department of State for any visa records …

 

To figure out what/ why  the fraud allegations by CO..you need to interrogate your Husband 😂
 

In the new filing show all previous evidence, add all new and draft a statement recreating all the questions your Husband was asked at the interview…his answers and any explanations for inconsistencies.

 

Spend time talking w your Husband and writing down the Q &A …ask him if he recalls any particular area the CO seemed interested in …all details count and you can address them proactively in new filing. ..

 

They took the position that your marriage is FRAUD, so you need to say NO WAY and show them why.

 

Attorney is not helping you much..by telling you to wait…your file is lost in a Black Hole and no one has looked at it. If by some miracle you end up with NOIR , you can use the same evidence you filed new I-130 with and try to overcome the fraud allegations. ..it’s ok to have two petitions pending at the same time..first one that gets you another interview will be adjudicated..
 

Post the interview questions or any other info if you want input on what flagged you for fraud. 
 

 

[Kabar 1]

3 hours ago, Redro said:

Generally your husband will be invited to interview again. In your previous thread you said he was denied in Abu Dhabi… so he should interview there. But, if he is in Pakistan now you will have to request they move the interview to Islamabad. The reason we keep asking for reason of denial is because if they didn’t believe your relationship was real your husband will have to show proof you are in a bonafide relationship. 
Generally when a case is denied the petitioner is given the opportunity to refute the allegations made by CO… but you seem to have skipped this step. So, I am confused. But, as long as you have continued to visit your husband in person while waiting for the new interview you should be in good shape. 

I have a plan to visit him again very soon and I'm collecting all these evidences but even I don't know what exactly they are doing in our case.

[Kabar 1]

3 hours ago, SalishSea said:

All denials have a solid reason, and it is not a luck based system.

 

Pakistan, like other countries with high levels of extremism and fraud, is a rough consulate.  Are you originally from there?  Has your spouse been married before?  Are you first cousins?

Yes I born in pakistan and we studied in the same primary school in pakistan and no any previous marriage and no any first cousins.

[Family 3,988]

No one is doing anything on your case .Consulate kicked it back and it’s not been looked at by anyone. 
 

 

[Redro 4,611]

43 minutes ago, Family said:

No one is doing anything on your case .Consulate kicked it back and it’s not been looked at by anyone. 
 

 

 

On 5/29/2023 at 4:14 AM, Kabar said:

 Hello everyone,

 

After consulate interview in 2021 they returned back my petition to usics for further review and today I contacted uscis and they said that they received the petition for review in 2021 but in Jan 2023 they sent the petition to NVC.

 

Can anyone tell me what's going on because I haven't received any letter from the uscis or nvc

@Family so even though USCIS states they sent the case back to NVC it isn't there? Is it still at USCIS? Is it in a nomansland never to be touched? 

OP says the visa was sent back to USCIS September 2021... nearly 2 years ago! Is it possible that won't act on the revoked visa at all? Or has OP missed some communication?

23 hours ago, Ontarkie said:

~~As this thread is lacking background information please see the link below. As one needs all the important information to be able to office guidance. Please also refrain from creating additional threads. It's hard for member's to give the best possible advice when all the information is not together.~~

 

 

 

[Kabar 1]

11 hours ago, Family said:

No one is doing anything on your case .Consulate kicked it back and it’s not been looked at by anyone. 
 

 

I was calling them from very first day and they told me before that they have received the case and after some months I request congressman and according to him the case is in security check and now the tier 2 person sends us the email that the case is reviewed and returned to nvc and we don't know what's going on but I hope everything goes well now.

[Kabar 1]

10 hours ago, Redro said:

 

@Family so even though USCIS states they sent the case back to NVC it isn't there? Is it still at USCIS? Is it in a nomansland never to be touched? 

OP says the visa was sent back to USCIS September 2021... nearly 2 years ago! Is it possible that won't act on the revoked visa at all? Or has OP missed some communication?

 

What if they call for the second interview so what documents you should recommend to take with us and If I'm there with my husband during the interview so will it make any difference.

Need your suggestions 

[Redro 4,611]

25 minutes ago, Kabar said:

What if they call for the second interview so what documents you should recommend to take with us and If I'm there with my husband during the interview so will it make any difference.

Need your suggestions 

Follow @Family's advice.

You did not tell us where your husband is currently living. 

Abu Dhabi or Pakistan? 

I believe both are fairly backlogged so you might be waiting another year or 2 before he is called for interview. 

You should reconsider moving to be with him or at least taking a leave of absence from your job so you can stay with him for several months, 

[JeanneAdil 6,492]

On 5/30/2023 at 3:29 PM, Redro said:

So you requested a FOIA for yourself not for your husband? Or did you request FOIA for both of you and you didn’t receive anything from your husband’s case? 
If you haven’t requested FOIA for your husband this year I would try one more time… you might discover why USCIS decided to reaffirm your case… paging @JeanneAdil how did you receive information about why your case was denied? 
How did you naturalize? Through parents or through a spouse?

Sorry i took so long to respond 

in about 6 months the USC will receive a notice (paper notice ) of NOIR or NOID

there is nothing to be done until the USC knows what the issues were with the CO

[Just Paul 4,595]

Two choices . . . One -Wait out the current petition. The time to deal with the denial  was before the consulate sent it back.  Two - plan to refile per above.  Either you didn't get a true reading from your spouse about why the visa was denied or you didn't get the response from the consulate via the FOIA.  Asking for your filings was not the helpful thing to do since the issue wasn't you.

[Kabar 1]

Hi All,

 

Case Category: CR1

Embassy: AbuDhabi

Petition: Spouse

 

Case was returned from the consulate(June 2021) to USCIS for further review(221g revocation) on September 2021 and now they are saying that our case was returned to NVC on February 2023 and we contacted the NVC but they don't have any information about our case.

 

I used all my resources to approach them(NVC) but I haven't heard anything about it.

 

Can anyone suggest...

 

[SalishSea 17,819]

What was the reason for the petition being revoked?

[milimelo 4,477]

Based on your prior post, your husband is from Pakistan (not Abu Dhabi) - could be something surfaced they felt you two weren't really married? Is this an arranged marriage? What's the educational background of yourself and your husband? Difference in age? Prior marriages for either one of you?