K1 visa application recalled by USCIS from NVC

[GSK 0]

Today, I called NVC to check status for case and got this shocking update: "Immigration recalled case" and it's on its way back to USCIS.

I was so happy that after much longer wait (6.5 months) our application finally got approved but this shattered all my excitement.

Called USCIS regarding same and Customer Rep told me to wait for 120 days after USCIS receives case back. What the heck is this? Totally frustrated and tensed now.

I don't know how to react to this. Could please some one tell me what are my options now?

Can I ask my Fiance to apply for Tourist visa?

G

[geannette john 3]

wow that is rediculous how they mess up.. how can they approve a application and then turn it back, so messed up what they did to you, i hope you get a response and can have better options, sorry to hear this

[geannette john 3]

do you have anything in mind that may have something to do with that.. any immigration problems in the past??? something that could of been missing in the K1 but the adjudicator didnt realize?

[Casprd 167]

looks like it is time to contact your senators office and get their assistance. I can understand that there may have been some reason to recall the case, but they should be able to tell you what that is and what to do about it. Making you wait an additional 120 days is total BS.

As for the tourist visa, yes your fiance can apply for this but depending on your intentions this can be a dangerous option. If CBP thinks he is coming to the country to get married then they will stop him at the border and you risk long term bans. Given that your case has been recalled to USCIS I would guess the possibility of getting a tourist visa is slim in any event but better to be overly cautious.

[Messybrownhair 251]

any idea why it was recalled?

[GSK 0]

I'm too pondering what could be the reason behind this call but so far could not find any possible reason or missing information on my part. I did found following reference dated back to May 2006:

http://travel.state.gov/visa/laws/telegrams/telegrams_2927.html

I'll give USCIS call on Monday and also to my State's senators. Thanks all!

G

[atu14 0]

I'm too pondering what could be the reason behind this call but so far could not find any possible reason or missing information on my part. I did found following reference dated back to May 2006:

http://travel.state.gov/visa/laws/telegrams/telegrams_2927.html

I'll give USCIS call on Monday and also to my State's senators. Thanks all!

G

Do you have anything to do with IMBRA or matrimonial sites?

[hobokenworkingman 4]

I'm too pondering what could be the reason behind this call but so far could not find any possible reason or missing information on my part. I did found following reference dated back to May 2006:

http://travel.state.gov/visa/laws/telegrams/telegrams_2927.html

I'll give USCIS call on Monday and also to my State's senators. Thanks all!

G

also schedule an infopass apt w/ your local USCIS office. they can peer into your case and may be able to tell you what's wrong. talking to an officer face to face is always the best thing. very best of luck to you. also, consider actually going to India and getting married to your fiance, rather than a K1. they are very heavily scrutinized, as you are experiencing now.

[GSK 0]

Don't know what is happening as none of the agencies are sharing any information. Both are pointing me to other. Called state senator and his staff told me to check back on Friday.

Could this recall revoke my approval and get me denial?

I'll wait for week or two after Friday and might go to India and eventually get married and change application. WOW, I'm back to zero now, really frustrated and will have to wait for another 8 months now.

Any other suggestions? Does checking with attorney before actually marrying is a good idea?

Thanks @hobokenworkingman for suggestion for scheduling a visit to local USCIS office. I's also considering same and will do after Friday now. Thanks again.

[TBoneTX 45,284]

Does checking with attorney before actually marrying is a good idea?

Given the circumstances, a consultation with a sharp immigration attorney would seem to be an excellent investment. Try to find out everything that you can about the case first. Good luck, and keep us informed.

[GSK 0]

Received following today in email:

Post Decision Activity

On April 27, 2011, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

What is this?

What should be my course of action now?

[GSK 0]

Hired an attorney and day after attorney submitted letter on my behalf got this in email:

Post Decision Activity

We reopened this I129F PETITION FOR FIANCE(E) on May 10, 2011, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Praying now! Hope all goes well now!

GSK

[MatthewNCarolina 73]

Hey, what you really should do is, FIGHT for your rights. They are over the 5.0 months timeline they give you in the USCIS website, you got approved and why would they change it? At least you they should let you know what's the reason!!! Get a senator/congressman to do SOMETHING for you!!!! Go for your rights!!!

We all wait patiently for this process, and they are supposed to be doing their jobs which is review all the applications BEFORE approval. DON'T GET LAZY or waaaait, do something, make somebody help you.

They pretty much showed how IDIOTIC they all are with our applications, I'm so sorry to hear that happened to you but do not lose your hope, fight for your rights.

Matthew & Carolina

Edited May 10, 2011 by MatthewNCarolina

[MatthewNCarolina 73]

One more reply. I can't believe this ######. They make a mistake because of their incompetence... while you wait a grueling 6+ months... emotional damage. This is very hard. You hang on a thread every single day, just waiting for approval. You GOT your approval. I hope nobody tries to defend USCIS and says in this thread "they are human too, we all make mistakes." That's obvious... but look at this...

When you break something, you either fix it or buy something to replace it. That was your mistake, accident, your fault. USCIS should have bit the bullet on this. It wouldn't hurt a thing either, because I'm sure USCIS has approved people left and right who are going to betray their "lover". This was their mistakes, they should have let it slide... let it go. You should have been given a reason. The way they give the CUSTOMER a runaround on everything, is absolutely out of line. If they were a small business, well... we wouldn't be having a discussion because they would have died within less than a year's time.

Too much money, too much power... makes them not give a F*** about you or me. Call a senator... even though 30 days is shorter than what they told you in the beginning.. a congressman might put that into motion within days. As my fiancee said in the previous post.. you have already been approved and you are out of that timeframe. And as far as I'm concerned.. this recall is not part of the process anyway. That's just my THREE cents!

Take care and I hope this gets resolved very quickly for you.

Edited May 11, 2011 by MatthewNCarolina

[TBoneTX 45,284]

Friend Matthew, the OP's situation is highly unusual, and there's obviously something wrong, whether technical or fundamental. The OP's attorney needs to get on it. Please avoid affixing your own frustrations to a circumstance where they may not apply.

Edited May 11, 2011 by TBoneTX