Case was "returned to NVC"

[KNguyen 0]

Hi guys,

 

On 01/04/2024, my fiancé had an interview with the US Consulate in Ho Chi Minh. However, we received form 221(g) which requires us to submit evidence files on the Consulate website.

 

 

We submitted the evidence file on the Consulate website as requested on January 19th. However, on January 24th, I checked the CEAC website and found that it had been returned to NVC.

 

 

As I was browsing through this forum, I noticed that in most similar cases, the visa application gets denied due to the inability to prove a bona fide relationship. However, the strange thing in our case is that most of the similar cases, after submitting their evidence file, had to undergo a relationship check by the Consulate. This check involves either visiting the beneficiary's residence or workplace to ask questions or calling both the petitioner and beneficiary to confirm that their answers match. Surprisingly, we didn't receive any such request from the Consulate.

 

We consulted some immigrant consultants, who informed us that when the Consulate doubts the authenticity of a relationship, they usually state it clearly in the paperwork they return, saying something like We do not believe that this relationship is genuine, and therefore we are sending this case back to USCIS for revocation. However, in the case of my fiancé, the paperwork he received cited a different reason: "USCIS has requested that petitions filed by this petitioner be returned.

 

 

 

I'm not sure if anyone else has had a similar experience, but some immigrant consultants have told me that my immigration paperwork is quite unusual. I've also recently passed the first round of the DOS job application process, and I'm wondering if this could be the reason why they are conducting a background check on me or if it's something else entirely.

I am feeling hopeless right now. I hope someone with a similar case can share some experiences on the way to get their fiance to the States. Thank you.

[SalishSea 17,786]

1 hour ago, KNguyen said:

Hi guys,

 

On 01/04/2024, my fiancé had an interview with the US Consulate in Ho Chi Minh. However, we received form 221(g) which requires us to submit evidence files on the Consulate website.

 

 

We submitted the evidence file on the Consulate website as requested on January 19th. However, on January 24th, I checked the CEAC website and found that it had been returned to NVC.

 

 

As I was browsing through this forum, I noticed that in most similar cases, the visa application gets denied due to the inability to prove a bona fide relationship. However, the strange thing in our case is that most of the similar cases, after submitting their evidence file, had to undergo a relationship check by the Consulate. This check involves either visiting the beneficiary's residence or workplace to ask questions or calling both the petitioner and beneficiary to confirm that their answers match. Surprisingly, we didn't receive any such request from the Consulate.

 

We consulted some immigrant consultants, who informed us that when the Consulate doubts the authenticity of a relationship, they usually state it clearly in the paperwork they return, saying something like We do not believe that this relationship is genuine, and therefore we are sending this case back to USCIS for revocation. However, in the case of my fiancé, the paperwork he received cited a different reason: "USCIS has requested that petitions filed by this petitioner be returned.

 

 

 

I'm not sure if anyone else has had a similar experience, but some immigrant consultants have told me that my immigration paperwork is quite unusual. I've also recently passed the first round of the DOS job application process, and I'm wondering if this could be the reason why they are conducting a background check on me or if it's something else entirely.

 

I am feeling hopeless right now. I hope someone with a similar case can share some experiences on the way to get their fiance to the States. Thank you.

They intend to deny.   HCMC is a very high fraud consulate, and especially difficult for K-1s.

 

How close to the date of filing did you see your fiancé in person?

Edited January 28 by SalishSea

[powerpuff 6,667]

*** Topic moved from Process & Procedures to Progress Reports ***
 

1 hour ago, KNguyen said:

We consulted some immigrant consultants, who informed us that when the Consulate doubts the authenticity of a relationship, they usually state it clearly in the paperwork they return, saying something like We do not believe that this relationship is genuine, and therefore we are sending this case back to USCIS for revocation. However, in the case of my fiancé, the paperwork he received cited a different reason: "USCIS has requested that petitions filed by this petitioner be returned.

From my years of being on this forum, this is just not the case. Very rarely do they say the exact reason, especially when it comes to bonafides of the relationship. They keep it extremely vague.
 

Unfortunately, case being returned means the case has been denied. There are no appeals available for K1 visas. HCMC is a very tough consulate, I’ve read many denials posts specifically for HCMC over the years on this forum. You need to spend significant amount of time together and I recommend going the CR1 route instead of you plan to refile. 

[TD6886 37]

Hummmm I have the similar 221g submitted and still waiting for the consular decision.  (something new everyday)

[WorthTheWait 0]

I am in a similar situation and would like to know if you hear anything more. 

[KNguyen 0]

On 1/27/2024 at 7:17 PM, SalishSea said:

They intend to deny.   HCMC is a very high fraud consulate, and especially difficult for K-1s.

 

How close to the date of filing did you see your fiancé in person?

 

I first met her in 2008, but we were just friends back then. In 2018, we started talking to each other more and eventually began a long-distance relationship after I flew to visit her. I went back to Vietnam to see her for the second time in 2019, and we planned to get married in 2020. Unfortunately, due to the COVID-19 pandemic, our plans were postponed. In 2021, I became a naturalized citizen, and in 2022, I returned to Vietnam to file for her K1 visa so we could be reunited after being separated for so long.

I am not sure if it's because I mentioned in our timeline that we planned to get married in 2020 and now due to the COVID-19 era, I think it would be best to apply for K1 visa and get married in the States instead.

[SalishSea 17,786]

1 minute ago, KNguyen said:

 

I first met her in 2008, but we were just friends back then. In 2018, we started talking to each other more and eventually began a long-distance relationship after I flew to visit her. I went back to Vietnam to see her for the second time in 2019, and we planned to get married in 2020. Unfortunately, due to the COVID-19 pandemic, our plans were postponed. In 2021, I became a naturalized citizen, and in 2022, I returned to Vietnam to file for her K1 visa so we could be reunited after being separated for so long.

I am not sure if it's because I mentioned in our timeline that we planned to get married in 2020 and now due to the COVID-19 era, I think it would be best to apply for K1 visa and get married in the States instead.

I think you will need to marry and spend more time together, and then petition for a CR-1 visa.  Unfortunately when you're dealing with high-risk high-fraud consulates, your burden of proof is much higher.

[KNguyen 0]

On 1/27/2024 at 7:30 PM, powerpuff said:

*** Topic moved from Process & Procedures to Progress Reports ***
 

From my years of being on this forum, this is just not the case. Very rarely do they say the exact reason, especially when it comes to bonafides of the relationship. They keep it extremely vague.
 

Unfortunately, case being returned means the case has been denied. There are no appeals available for K1 visas. HCMC is a very tough consulate, I’ve read many denials posts specifically for HCMC over the years on this forum. You need to spend significant amount of time together and I recommend going the CR1 route instead of you plan to refile. 

 

After the Consulate does the investigation, if a couple fails to prove their bona fide relationship, they will receive a letter similar to the one provided as an example on a Facebook group that I found.

 

 

We didn't get any investigation on our case. This is the point. I sent an inquiry to ask about our case after submitting evidence files for a few days, and then the next day, I saw that the status on the CEAC website was "Returned to NVC." This experience was hurtful for both of us. We understand that the Consulate has the right to check for bona fide relationships to prevent fraud, but we didn't receive any investigation other couples have.

 

The weird thing, as I said in the original post, is that the Consulate replied that USCIS has requested that the petition filed by this petitioner be returned.

 

Usually, if the Consulate doesn't believe in the relationship, it will initiate the case to be returned, not the USCIS. So, I don't know what to do at this point. I called USCIS, and they told me to wait 180 days.

Really???

[KNguyen 0]

On 1/29/2024 at 11:02 AM, TD6886 said:

Hummmm I have the similar 221g submitted and still waiting for the consular decision.  (something new everyday)

Good luck guys. You can also send inquiry only for US Citizen (https://vn.usembassy.gov/acs-inquiry-form/), maybe it will expedite a little bit. Hope you guys all the best.

[KNguyen 0]

26 minutes ago, SalishSea said:

I think you will need to marry and spend more time together, and then petition for a CR-1 visa.  Unfortunately when you're dealing with high-risk high-fraud consulates, your burden of proof is much higher.

 

The consultant informed us that we have to wait for a response from USCIS in order to understand what is happening with our case. This will help us prevent any issues when we file for CR1 in the future. As you know, wait for USCIS response can take up to a year or more just for the response... I will talk to a lawyer, and I don't know if they can expedite the process.

[KNguyen 0]

20 hours ago, WorthTheWait said:

I am in a similar situation and would like to know if you hear anything more. 

Can you tell me what your fiance's paper from the Consulate said? Also, would you be willing to share some details about your case to get more data point?