Case returned to USCIS under 221 G and ROE

[Neevs&day 5]

Hi VJ,

I met my girlfriend online through facebook in September 2013. We met in March 2014 as she came to India for 09 days. We find each-other compatible and decided to marriage. In May 2014, she filed an I-29 petition in USCIS. I appeared for fiance visa interview at US embassy/New Delhi.

CO interviewed me for approx 15 minutes but from the beginning of the interview she seems uninterested. She asked me few questions which I answered honestly, but she didn't get convinced. at the end of the interview she indicated me that I have to wait. She kept me waiting for almost 04 hours and then she gave me a letter mentioning my case put on hold under 221 G because of insufficient evidence. She told me that she's returning my case back to USCIS/NVC and next proceedings will be informed by them only. She returned my case on 20 Jan'15 back to NVC and NVC return my case to USCIS on 20 Feb'15. We got notification on 20 March 20115 that they have received our case back at USCIS and they will inform us within 180 days for further proceedings.

Since then it's been almost 03 months and yesterday my Fiancee received a notification that

There has been a recent processing action taken on your case.
Application Type: I129F, PETITION FOR FIANCE(E)
Your Case Status: Initial Review

Please anybody can explain me the meaning of Initial Review at this stage. How long it may take for further action. Validity of an I 29 petition, police clearance and medical fitness is for 06 months and it is already been 06 months passed. Please advise if we will have to apply again and fill that all fees again. We are planning to marry at the end of this year, but are waiting for USCIS proceedings to finalize. I'm here looking forward to hear some helpful information/suggestion from your end.

[Morganalmonshid94 84]

Hi VJ,

I met my girlfriend online through facebook in September 2013. We met in March 2014 as she came to India for 09 days. We find each-other compatible and decided to marriage. In May 2014, she filed an I-29 petition in USCIS. I appeared for fiance visa interview at US embassy/New Delhi.

CO interviewed me for approx 15 minutes but from the beginning of the interview she seems uninterested. She asked me few questions which I answered honestly, but she didn't get convinced. at the end of the interview she indicated me that I have to wait. She kept me waiting for almost 04 hours and then she gave me a letter mentioning my case put on hold under 221 G because of insufficient evidence. She told me that she's returning my case back to USCIS/NVC and next proceedings will be informed by them only. She returned my case on 20 Jan'15 back to NVC and NVC return my case to USCIS on 20 Feb'15. We got notification on 20 March 20115 that they have received our case back at USCIS and they will inform us within 180 days for further proceedings.

Since then it's been almost 03 months and yesterday my Fiancee received a notification that

There has been a recent processing action taken on your case.

Application Type: I129F, PETITION FOR FIANCE(E)

Your Case Status: Initial Review

Please anybody can explain me the meaning of Initial Review at this stage. How long it may take for further action. Validity of an I 29 petition, police clearance and medical fitness is for 06 months and it is already been 06 months passed. Please advise if we will have to apply again and fill that all fees again. We are planning to marry at the end of this year, but are waiting for USCIS proceedings to finalize. I'm here looking forward to hear some helpful information/suggestion from your end.

it will eventually get closed your best option is to get married and file the spousal visa as well as have her visit you more before she files this also, they probably said their wasn't enough evidence because she only was there for 9 days and you don't mention her going back to visit at all again in your post, nearly not enough in some cases to get approved yes it can happen but when you come from certain countries such as India they expect more face to face time and evidence of a real relationship to weed out the fraud .

[Neevs&day 5]

Thanks for your instant reply. What I forget to Mention earlier is that there was no objection in bonafide relationship by CO. She's asked me for my marriage plans and I replied her that about marriage me and my fiancé will decide once I will reach there physically and as of now we have no fixed date as we cannot schedule it in advance without knowing how long it may take in process to get visa.

The letter she gave me askednention about insufficient evidence to prove my "intention to marry my fiance in 90 days after arrival at US".

Since then we have arranged and are arranging more evidence of our marriage arrangements without a specific date. We will furnish more if we came to know anything further from them.

I hope this will change your opinion now. Please advise the possibilities in this case.

Thanks

[KierenHby 899]

Fairly or not, India K1s more often than not tend to result in denial due to suspected fraud. Not saying this is the case here, but numerous threads on that issue. Hooking up online, then sensing compatibility in a few short days could be seen as suspect. Hopefully they'll adjudicate in favor.

Alternate option.. marry as planned, in India, and follow the CR-1 route.

[TimeTravel 78]

At this stage, your best route would be to get married in India, then file for CR-1 visa.

[Neevs&day 5]

My fiancée called USCIS yesterday and she has been told that our case is in review process and we will hear from then within 180 days from the date on which USCIS has received our case back from NVC, which is 20 March 2015.

I don't understand why people are advising for applying cr 1 visa when my case was only put on hold under 221 G and is not denied yet by CO. She's only asked for more evidences to prove my intention to marry my fiancée in 90 days. It was our fault that we haven't thought of any fixed marriage date before interview. But frankly speakin, we were unaware of these requirements as we just has focused to prove our relationship. We were planning that we will fix date when I will arrive to US in person. But CO at embassy were emphasized to marriage plans only, about which I just had the answer that we are going to marry in 90 days after my arrival to US. I guess she's expecting that we should have planned about marriage in advance Before getting visa. On the contrary we were thinking that how can we fix a date without having any concrete idea about how long it may take to get visa and to arrive US.

I still hope that we will hear from them in next few days asking for more documents or evidences to prove that we have planned for marriage as it is almost 110 days since 20 march 2015 and they will have a time limit of 70 more days left with them.

On the ground of ROE under section 221 G, I consider my application as denial. I don't think it make any sense. If they have to deny my application, then they could have denied me straight away at the time of interview.

Please advise me based on my above comments

Thanks

[KierenHby 899]

By your calculation, wait out the remaining 70 days. Then we'll all know for sure..

[Ebunoluwa 6,136]

A CO can not deny a petition, they can only refuse to issue the K1 visa.

They have returned the petition to USCIS and USCIS will not review it but will let it expire and die on purpose and that's the end.

The petitioner will receive a letter stating that the petition has expired and that you can file another petition.

You then have to decide to either re file a K1 or get married and file a CR1.

If a CR1 gets returned then you would have a second chance to overcome the issue with answering a NOIR letter but there are no reviews

for K1's. Why the CO's still say it gets reviewed when it doesn't is either a disconnect between the agencies DOS and USCIS or they know it

and just play the game for whatever stupid reason.

Sorry but those are the sad facts. You don't have to wait another day to re file and can do it as soon as you are ready.

[Unidentified 2,930]

My fiancée called USCIS yesterday and she has been told that our case is in review process and we will hear from then within 180 days from the date on which USCIS has received our case back from NVC, which is 20 March 2015.

I don't understand why people are advising for applying cr 1 visa when my case was only put on hold under 221 G and is not denied yet by CO. She's only asked for more evidences to prove my intention to marry my fiancée in 90 days. It was our fault that we haven't thought of any fixed marriage date before interview. But frankly speakin, we were unaware of these requirements as we just has focused to prove our relationship. We were planning that we will fix date when I will arrive to US in person. But CO at embassy were emphasized to marriage plans only, about which I just had the answer that we are going to marry in 90 days after my arrival to US. I guess she's expecting that we should have planned about marriage in advance Before getting visa. On the contrary we were thinking that how can we fix a date without having any concrete idea about how long it may take to get visa and to arrive US.

I still hope that we will hear from them in next few days asking for more documents or evidences to prove that we have planned for marriage as it is almost 110 days since 20 march 2015 and they will have a time limit of 70 more days left with them.

On the ground of ROE under section 221 G, I consider my application as denial. I don't think it make any sense. If they have to deny my application, then they could have denied me straight away at the time of interview.

Please advise me based on my above comments

Thanks

We know because we have been her long enough to know there is not such thing as an approved visa by the time it goes back to NVC. Though maybe you could be the exception to that rule, you never know. Miracles do happen.

You're from India and you guys only saw each other 9 days prior to deciding on getting engaged that is a huge red flag. I would suggest looking through the Indian regional section of this forum and see how much is actually needed to get a visa approved if you decide to re-file for K1 though I would suggest going for the CR-1.

They don't expect you to have everything planned for the wedding but they want to at least hear about some of the details around your wedding. We didn't have a set date but we had a month in mind. We knew in what state we wanted to get married but not the exact venue and we knew approximately how many people we wanted to invite to the wedding.

You haven't filled out your timeline so I don't know how long you this process have been for you. Did you wait longer than 6 months from your NOA1 until your interview? The proof of marriage within 90 days kind of sounds like they wanted an updated letter of intent. Some embassies are picky and want an updated letter of intent to marry if the one you sent to USCIS is older than 6 months.

[Kastrs 723]

1-Listen to Ebunoluwa, they have been through it!

2-The staff at the USEM expect couples to follow local customs. I think what the officer was looking for was proof of a formal engagement ceremony. Also it would REALLY help your case if you had more face time with your fiance.

At this point as your case has been returned to USCIS your petition is HIGHLY unlikely to be reapproved. Probably a good idea to start thinking about plan B.

Good Luck

[kzielu 1,149]

My fiancée called USCIS yesterday and she has been told that our case is in review process and we will hear from then within 180 days from the date on which USCIS has received our case back from NVC, which is 20 March 2015.

I don't understand why people are advising for applying cr 1 visa when my case was only put on hold under 221 G and is not denied yet by CO.

Piece you are completely missing is that you effectively have been denied visa - that's what it really is when your petition gets sent back to USCIS.

[Cathi 5,748]

We know because we have been her long enough to know there is not such thing as an approved visa by the time it goes back to NVC. Though maybe you could be the exception to that rule, you never know. Miracles do happen.

You're from India and you guys only saw each other 9 days prior to deciding on getting engaged that is a huge red flag. I would suggest looking through the Indian regional section of this forum and see how much is actually needed to get a visa approved if you decide to re-file for K1 though I would suggest going for the CR-1.

They don't expect you to have everything planned for the wedding but they want to at least hear about some of the details around your wedding. We didn't have a set date but we had a month in mind. We knew in what state we wanted to get married but not the exact venue and we knew approximately how many people we wanted to invite to the wedding.

You haven't filled out your timeline so I don't know how long you this process have been for you. Did you wait longer than 6 months from your NOA1 until your interview? The proof of marriage within 90 days kind of sounds like they wanted an updated letter of intent. Some embassies are picky and want an updated letter of intent to marry if the one you sent to USCIS is older than 6 months.

Just to clarify, not all visas are denied after being sent back to USCIS, the vast majority of cr-1 visas that are returned to USCIS for NOIR or NOID are re-approved after being given the chance to reply, and sent back to the consulate for another interview. And recently there actually was one fiance' visa that was sent back to USCIS and re-approved within days(I am looking for the topic and will post the link when I find it).

To the OP: I am not sure what "ROE" is, but listen to Ebonaluwa she has been through it and knows her stuff. Either way you choose to go you need to make sure you overcome the reasons for the denial, they want more evidence, and the only way to get more evidence is to spend more time together in real life. You met your fiance online and spent a mere 9 days together in real life and then immediately petitioned for a visa in a high fraud country, no bueno. While this may be enough time in a low fraud country, it isn't for India, especially with the cultural differences. Even if you decide to marry and go the CR-1 route, having her come to India for a quick trip just to be married and then return home right away won't be enough. Good luck and keep us updated.

[Pishi_Pishi 63]

I waited almost 1.5 years since we have met in person to file fiance visa. I traveled 5 times to see him and we had overwhelming evidence at the interview. I even traveled for the interview, but embassy did not let me in. I agree with all responses above. Start gathering evidence for future and see your fiance again before you re-file. Wishing you lots of luck!

[Chris&Angel 5]

Hi VJ,

I met my girlfriend online through facebook in September 2013. We met in March 2014 as she came to India for 09 days. We find each-other compatible and decided to marriage. In May 2014, she filed an I-29 petition in USCIS. I appeared for fiance visa interview at US embassy/New Delhi.

CO interviewed me for approx 15 minutes but from the beginning of the interview she seems uninterested. She asked me few questions which I answered honestly, but she didn't get convinced. at the end of the interview she indicated me that I have to wait. She kept me waiting for almost 04 hours and then she gave me a letter mentioning my case put on hold under 221 G because of insufficient evidence. She told me that she's returning my case back to USCIS/NVC and next proceedings will be informed by them only. She returned my case on 20 Jan'15 back to NVC and NVC return my case to USCIS on 20 Feb'15. We got notification on 20 March 20115 that they have received our case back at USCIS and they will inform us within 180 days for further proceedings.

Since then it's been almost 03 months and yesterday my Fiancee received a notification that

There has been a recent processing action taken on your case.

Application Type: I129F, PETITION FOR FIANCE(E)

Your Case Status: Initial Review

Please anybody can explain me the meaning of Initial Review at this stage. How long it may take for further action. Validity of an I 29 petition, police clearance and medical fitness is for 06 months and it is already been 06 months passed. Please advise if we will have to apply again and fill that all fees again. We are planning to marry at the end of this year, but are waiting for USCIS proceedings to finalize. I'm here looking forward to hear some helpful information/suggestion from your end.

Were you married before your wife filed the I-129F, is this is true, then why on earth did you filed a Fiancee Visa "We find each-other compatible and decided to marriage. In May 2014, she filed an I-29 petition in USCIS", when you were already married, you should have filed an I-130 IR1/CR1 Visa Application.

You might want to read up about the consequences of missleading the Government. Serious Red Flag!

[Neevs&day 5]

We had decided to marry. We are not married yet.she's my fiancée who has fooled l-29 petition. She's a US Citizen