K1 Visa being returned to USCIS? [merged threads]

[JMerr 0]

Hello everyone I’m sorry but this will be quite long as I want you to get the whole story of it kinda. Someone told me to come here and see if someone could possibly help. My fiancé (31) and I(29) met Feb2021 and started dating April2021. We met March2022 and got engaged.
NOA1 6/1/22

NOA2 6/9/23.
NVC email 8/29/23

My fiancé had his interview 9/24/23 in Algeria. He went in and went to a man to give him the paperwork. The man asked if he was Kayble( like indigenous people in algeria and not Arab). He said yes. And he only asked for the certain papers. When he got the evidence he told him at was a little(about 25 pages). But my fiancé met people from the medical exams and they have a group chat and said he said that to almost everyone. After that he waited for a while to be seen by the lady consular. My fiancé did his interview in English because he speaks it semi-perfect. He answered all the questions like, how did you meet your fiancée, when did you guys meet( day we started talking) how much did he make a year, how much did I make a year, my birthday why did we only meet once, he replied because i have a daughter to take care of and was trying to save money for our wedding and other things. Cant remember at the moment if there was more. After that she finished and he was confident and she seemed fine, but then she said I’m putting you in Administrative Processing. Handed him a white paper with only administrative processing marked off. Didn’t ask for documents or anything and she took his passport. We were so confused and obviously heartbroken. I emailed them and few days later he did. Then we emailed them the next week just to seek if there was something they needed like a document or if there was a way they needed us to prove our relationship. October 9. I finally receive an email. 
…….

Please be informed that this office will return this petition to the Bureau of Citizenship and Immigration Services (CIS) of the Department of Homeland Security (DHS) for review and possible revocation.

 

If CIS determines that the information we are providing constitutes sufficient foundation for initiating revocation proceedings, the petitioner will be sent a notice of intent to revoke, that includes a statement of the facts and evidence, and will have the opportunity to respond. 

 

The return process has begun and the beneficiary will be notified in writing once the petition is dispatched to the United States.

……

We were even more heartbroken and confused 😔. I asked if there was a reason and if there is anyway we could provide information or proof. They said to contact the Department of Homeland Security for further inquiries. 
 

My fiancé started asking questions in the GC he was in and everyone was confused because our case seemed perfect and the just couldn’t understand. There were 2 other kayble guys as well. Both of them had the same woman and both also got Revoked. One needed a paper and he turned it in but was also revoked. The other had his interview at a later date and was put into administrative processing and also got revoked. They received messages of their passports being returned after a few days or a week. 

I did reach out to my congresswoman Oct 11 and called back this week and they said they sent an inquiry that takes 30days to USCIS. 
 

So Oct 25, I finally had a question because I heard the petition could expire as it waits for USCIS to review it and that the consular can renew it. So I emailed them and asked if it was possible for them to renew the petition just incase and my fiancé asked me to ask about his passport if it will stay there while the petition was being sent back for review. 
 

They Replied…….

Good morning,

 

The petition is in the process of being returned to USCIS, the passport will be sent to the beneficiary as soon as the petition has been dispatched.

 

If USCIS decide to reaffirm the case, the petition will be extended, you do not need to file a new petition.

 

Best Regards,

…….

I am confused as why ours is still waiting to be dispatched.
And what do they mean i dont need to file another petition.
And why the 2 other guys had their passports sent back so quickly. 
Is the time they are taking a good thing?  
Is it a good thing they are holding the passport for so long? 
We still don’t have a reason. 

Should we wait this out before doing another petition?

We are so lost and just want to be together again. Any information helps. Thank you for the time in reading our situation 🥹💕
 

 

[powerpuff 6,697]

7 minutes ago, JMerr said:

We still don’t have a reason. 

There is a reason. One glaring issue I see here is the lack of time spent in person. One visit is not enough at all, especially if the consulate is difficult and I’d categorize Algeria as one. I suspect the consulate thought the excuse is not strong.

From the years I’ve been on this forum, fighting to revive a I-129f that was sent back is fruitless as they’re sent to die at USCIS. It’s also fruitless to try to read into the details of returned passports and updates. 
 

You need to address the issue I pointed out above before filing for another petition. That should be the focus right now. Lack of time spent is person is critical. Both if you will have to figure out how to make that happen to ensure approval next time around.

 

 

 

[Boiler 45,466]

Quote

why did we only meet once, he replied because i have a daughter to take care of and was trying to save money for our wedding and other things

How did you initially make contact.

 

When you met how long was it for.

[JeanneAdil 6,491]

CAREFULLY READ and understand the process, documents  and timeframe needed to marry in Algeria

return and marry there and petition for CR1

U need to spend quality time with him and show that the family approves of the marriage / there is not way around it when a CO thinks u have not been together in-person enough 

 

The K1 when  returned is allowed to die at the USCIS office and u probably  will not have a letter from them to say the issues the CO posted in the denial /never seen a denied K1 overturned for our  countries 

 

He needs to ask for his passport back 

 

Other Red flags for a relationship from our countries can be

1  lack of former education

2  lack of job  experience

3  cultural  norms as most Algerian men would not marry a divorcee or widow  from  Algeri

 

being Kabylian has nothing to do with this  /its just a coastal mountaineous region in Algeria speaking Kabylie or berber /he is still Algerian and Islam is the major religion

Like Morocco,  Algeria  also is part  of the Arab League (Algeria joined August 6,1962  but they do not consider themselves Arabs either)

My husband's family speaks Darija  but is moroccan

and our country  also speaks berber  aka Tamazight,  French,  Arab (in offical writing) just  as Algeria does

Kabylie is just regional

[SalishSea 17,818]

49 minutes ago, JMerr said:

Hello everyone I’m sorry but this will be quite long as I want you to get the whole story of it kinda. Someone told me to come here and see if someone could possibly help. My fiancé (31) and I(29) met Feb2021 and started dating April2021. We met March2022 and got engaged.
NOA1 6/1/22

NOA2 6/9/23.
NVC email 8/29/23

My fiancé had his interview 9/24/23 in Algeria. He went in and went to a man to give him the paperwork. The man asked if he was Kayble( like indigenous people in algeria and not Arab). He said yes. And he only asked for the certain papers. When he got the evidence he told him at was a little(about 25 pages). But my fiancé met people from the medical exams and they have a group chat and said he said that to almost everyone. After that he waited for a while to be seen by the lady consular. My fiancé did his interview in English because he speaks it semi-perfect. He answered all the questions like, how did you meet your fiancée, when did you guys meet( day we started talking) how much did he make a year, how much did I make a year, my birthday why did we only meet once, he replied because i have a daughter to take care of and was trying to save money for our wedding and other things. Cant remember at the moment if there was more. After that she finished and he was confident and she seemed fine, but then she said I’m putting you in Administrative Processing. Handed him a white paper with only administrative processing marked off. Didn’t ask for documents or anything and she took his passport. We were so confused and obviously heartbroken. I emailed them and few days later he did. Then we emailed them the next week just to seek if there was something they needed like a document or if there was a way they needed us to prove our relationship. October 9. I finally receive an email. 
…….

Please be informed that this office will return this petition to the Bureau of Citizenship and Immigration Services (CIS) of the Department of Homeland Security (DHS) for review and possible revocation.

 

If CIS determines that the information we are providing constitutes sufficient foundation for initiating revocation proceedings, the petitioner will be sent a notice of intent to revoke, that includes a statement of the facts and evidence, and will have the opportunity to respond. 

 

The return process has begun and the beneficiary will be notified in writing once the petition is dispatched to the United States.

……

We were even more heartbroken and confused 😔. I asked if there was a reason and if there is anyway we could provide information or proof. They said to contact the Department of Homeland Security for further inquiries. 
 

My fiancé started asking questions in the GC he was in and everyone was confused because our case seemed perfect and the just couldn’t understand. There were 2 other kayble guys as well. Both of them had the same woman and both also got Revoked. One needed a paper and he turned it in but was also revoked. The other had his interview at a later date and was put into administrative processing and also got revoked. They received messages of their passports being returned after a few days or a week. 

I did reach out to my congresswoman Oct 11 and called back this week and they said they sent an inquiry that takes 30days to USCIS. 
 

So Oct 25, I finally had a question because I heard the petition could expire as it waits for USCIS to review it and that the consular can renew it. So I emailed them and asked if it was possible for them to renew the petition just incase and my fiancé asked me to ask about his passport if it will stay there while the petition was being sent back for review. 
 

They Replied…….

Good morning,

 

The petition is in the process of being returned to USCIS, the passport will be sent to the beneficiary as soon as the petition has been dispatched.

 

If USCIS decide to reaffirm the case, the petition will be extended, you do not need to file a new petition.

 

Best Regards,

…….

I am confused as why ours is still waiting to be dispatched.
And what do they mean i dont need to file another petition.
And why the 2 other guys had their passports sent back so quickly. 
Is the time they are taking a good thing?  
Is it a good thing they are holding the passport for so long? 
We still don’t have a reason. 

Should we wait this out before doing another petition?

We are so lost and just want to be together again. Any information helps. Thank you for the time in reading our situation 🥹💕
 

 

What do you mean "both of them had the same woman"???

 

You should marry and spend significant time together before filing a petition, and even consider moving to Algeria.

 

It will be sent back to the USCIS because they suspect fraud, and you will get a NOIR/NOID.  The way to overcome this is by spending more time together in person.  Unfortunately, people from your boyfriend's country and community have perpetuated US immigration/marriage fraud, so the bar is set much higher than for low fraud countries.

 

And there may be other red flags.  Are you from different religions?

 

 

[JMerr 0]

29 minutes ago, Boiler said:

How did you initially make contact.

 

When you met how long was it for.

We text and video call all the time from when i wake up to when he sleeps. We talk on the phone for 3-5hrs a day. 
when i visited it was only a week and a half because travel took 2 weeks and that is all i could take off from work at the time. 

[SalishSea 17,818]

1 minute ago, JMerr said:

We text and video call all the time from when i wake up to when he sleeps. We talk on the phone for 3-5hrs a day. 
when i visited it was only a week and a half because travel took 2 weeks and that is all i could take off from work at the time. 

The online/text/video stuff is given very little credibility vs time spent together in person.  DOS doesn't take a person's work schedule into consideration when evaluating the bonafides.  

[JMerr 0]

2 minutes ago, SalishSea said:

The online/text/video stuff is given very little credibility vs time spent together in person.  DOS doesn't take a person's work schedule into consideration when evaluating the bonafides.  

 

13 minutes ago, JeanneAdil said:

CAREFULLY READ and understand the process, documents  and timeframe needed to marry in Algeria

return and marry there and petition for CR1

U need to spend quality time with him and show that the family approves of the marriage / there is not way around it when a CO thinks u have not been together in-person enough 

 

The K1 when  returned is allowed to die at the USCIS office and u probably  will not have a letter from them to say the issues the CO posted in the denial /never seen a denied K1 overturned for our  countries 

 

He needs to ask for his passport back 

 

Other Red flags for a relationship from our countries can be

1  lack of former education

2  lack of job  experience

3  cultural  norms as most Algerian men would not marry a divorcee or widow  from  Algeri

 

being Kabylian has nothing to do with this  /its just a coastal mountaineous region in Algeria speaking Kabylie or berber /he is still Algerian and Islam is the major religion

Like Morocco,  Algeria  also is part  of the Arab League (Algeria joined August 6,1962  but they do not consider themselves Arabs either)

My husband's family speaks Darija  but is moroccan

and our country  also speaks berber  aka Tamazight,  French,  Arab (in offical writing) just  as Algeria does

Kabylie is just regional

We were none of those red flags. And I did spend time with his family and have pictures with them. Thank you for so much information. 

[JMerr 0]

5 minutes ago, SalishSea said:

The online/text/video stuff is given very little credibility vs time spent together in person.  DOS doesn't take a person's work schedule into consideration when evaluating the bonafides.  

Thank you. When we file for cr-1 if it doesnt work out i will definitely stay longer.  And plan to travel back around when he has that interview to be with him

[Boiler 45,466]

You need to get some quality time, multiple visits in before you consider marriage.

[TBoneTX 45,266]

In-person "face time" is crucial, both to prove a bona fide relationship and to head off unpleasant surprises after marriage.  Marriage is a lot more permanent than people often realize.  Marry in haste, repent in leisure.  Invest ample time in person before proceeding.

 

Administrative processing is routine at Middle Eastern & North African consulates.

[JeanneAdil 6,491]

10 hours ago, Boiler said:

You need to get some quality time, multiple visits in before you consider marriage.

Seriously take this advice

a 10 day or 2 week vacation is just that /its not enough time to get to know a person /  talking online u don't get to know  the person  an   d how he acts day to day with all situations /  on  a 10 day  trip he will be on best behavior

 

On a K1 the non citizen can't work till AOS is applied for and he has EAD card.  this time alone at home in a strange country is hard on many and puts a lot of stress on the marriage

 

U may need to take a leave of absence and stay a month or longer

while u think and check all things , make sure your income is sufficient for the process (CR1 has to be 125% of poverty guidelines)

[JeanneAdil 6,491]

16 hours ago, JMerr said:

 

We were none of those red flags. And I did spend time with his family and have pictures with them. Thank you for so much information. 

no previous marriage ?

daughter out of wedlock is also a red flag

[JMerr 0]

28 minutes ago, JeanneAdil said:

no previous marriage ?

daughter out of wedlock is also a red flag

Why would that be. It is common here in America. 😐. 

[Boiler 45,466]

13 minutes ago, JMerr said:

Why would that be. It is common here in America. 😐. 

He is not American

 

He is Algerian