221 (g) and returned to NVC

[sun-doc]

Dear friends,

I had attended my K 1 visa interview on 12/12/2013 at the mumbai consulate. The CO (lady) who interviewed me, gave me a 221 (g) white slip after the interview saying that my file was incomplete and that I needed to submit more documemnts :-

1) Proof of correspondence

2) proof of communications.. telephone records etc.

At that time i had mentioned to the CO that i had brought everything with me, But she refused to see it saying that she did not have the time to review it and that i need to deposit my passport alongwith the documents at the VFS center. I immediately went and submitted all the documents and proof with the VFS center.
The I-129F which was approved had an expiration date 12/19/2013. When i had mentioned this to them, they had said that my case will be processed irrespective of the date of expiry of the I-129F.

Till today, when i was checking the CEAC website it showed as being under Administrative Processing. Now it says "Returned to NVC".

Now i dont know what this means. Could someone kindly enlighten me about this ? and what I need to do ?

Thanking you

[rayb]

If your case was returned to the NVC (though normally it goes back to USCIS, not the NVC), that means it was denied.

The post-interview document you received, however, normally allows up to a year for submittal of additional evidence, so something is wrong with how your paperwork was handled.

Either you were denied by the interviewer, and your case is being send back to the NVC or USCIS.

Or the posting on the status page is incorrect.

You need to contact the Embassy by phone or email and obtain a clarification of your status.

Also, the petition approval expiration data is automatically updated while being processed by the Embassy or Consulate.

--Ray B

Dear friends,

I had attended my K 1 visa interview on 12/12/2013 at the mumbai consulate. The CO (lady) who interviewed me, gave me a 221 (g) white slip after the interview saying that my file was incomplete and that I needed to submit more documemnts :-

1) Proof of correspondence

2) proof of communications.. telephone records etc.

At that time i had mentioned to the CO that i had brought everything with me, But she refused to see it saying that she did not have the time to review it and that i need to deposit my passport alongwith the documents at the VFS center. I immediately went and submitted all the documents and proof with the VFS center.
The I-129F which was approved had an expiration date 12/19/2013. When i had mentioned this to them, they had said that my case will be processed irrespective of the date of expiry of the I-129F.

Till today, when i was checking the CEAC website it showed as being under Administrative Processing. Now it says "Returned to NVC".

Now i dont know what this means. Could someone kindly enlighten me about this ? and what I need to do ?

Thanking you

[sun-doc]

If your case was returned to the NVC (though normally it goes back to USCIS, not the NVC), that means it was denied.

The post-interview document you received, however, normally allows up to a year for submittal of additional evidence, so something is wrong with how your paperwork was handled.

Either you were denied by the interviewer, and your case is being send back to the NVC or USCIS.

Or the posting on the status page is incorrect.

You need to contact the Embassy by phone or email and obtain a clarification of your status.

Also, the petition approval expiration data is automatically updated while being processed by the Embassy or Consulate.

--Ray B

Dear Rayb,

Thanks a lot for your prompt reply. Yes, i do hope and pray that the "posting on the CEAC page is incorrect ", because even today till late evening here (in India) it was saying Administrative Processing with today's date on it.
It is also extremely surprising to see, that eventhough i had submitted all the required and mentioned documents in the 221 (g) handed out to me ( read about 100+phone cards , her phone bills highlighting our conversation, 120+ courier receipts, greeting cards, letters ) , I was also carrying about 4 kilograms of Yahoo chat printout out of which the VFS officer tookjust some from the front and some from the back. What is surprising to me, is that they, the embassy never contacted me or the petitioner my fiancee for additional proof before sending it back to NVC.

2. Most importantly , my fiancee has a heart problem ( internal cardiac pacemaker) and is on disability. Now eversince we have seen this posting, she has been crying inconsolably .. and i pray that something untoward should not happen. Even as i am writing this, i am telling her to keep strong.


Now coming straight to the point...

Incase, the petition has indeed been denied ... What is the next course of action that we need to take ? Can we re-file the K -1 ? OR do i ask her to come to India once more and get married ? Also it would be helpful, if you could kindly enlighten us about how spouse visas work .

Hoping to hear from you soon

Thanking you

[rayb]

If you are able to confirm that your visa application has been denied and is no longer within the Embassy jurisdiction, the official version is that you will receive a denial letter from USCIS, which will explain your appeal option. Many such denials, however, NEVER result in a letter from USCIS. Even if you do receive the USCIS denial letter and appeal instructions, the cost of the appeal, waiting time for outcome, and possibility that the Embassy denial decision will be supported, all combine to make such an appeal inconsequential.

Your next options are to reapply for a K1 visa by submitting a new petition package.

As an alternative, if you obtain proof of marriage, you can just apply for a spousal visa, using form I-130, with the $420 submittal fee and evidence of marriage and relationship.

--Ray B

Dear Rayb,

Thanks a lot for your prompt reply. Yes, i do hope and pray that the "posting on the CEAC page is incorrect ", because even today till late evening here (in India) it was saying Administrative Processing with today's date on it.
It is also extremely surprising to see, that eventhough i had submitted all the required and mentioned documents in the 221 (g) handed out to me ( read about 100+phone cards , her phone bills highlighting our conversation, 120+ courier receipts, greeting cards, letters ) , I was also carrying about 4 kilograms of Yahoo chat printout out of which the VFS officer tookjust some from the front and some from the back. What is surprising to me, is that they, the embassy never contacted me or the petitioner my fiancee for additional proof before sending it back to NVC.

2. Most importantly , my fiancee has a heart problem ( internal cardiac pacemaker) and is on disability. Now eversince we have seen this posting, she has been crying inconsolably .. and i pray that something untoward should not happen. Even as i am writing this, i am telling her to keep strong.


Now coming straight to the point...

Incase, the petition has indeed been denied ... What is the next course of action that we need to take ? Can we re-file the K -1 ? OR do i ask her to come to India once more and get married ? Also it would be helpful, if you could kindly enlighten us about how spouse visas work .

Hoping to hear from you soon

Thanking you

[sun-doc]

Your next options are to reapply for a K1 visa by submitting a new petition package.

As an alternative, if you obtain proof of marriage, you can just apply for a spousal visa, using form I-130, with the $420 submittal fee and evidence of marriage and relationship.

--Ray B

Dear Rayb,

Thanks once again for your prompt reply really appreciate it. Now coming straight to the options that we have in front of us,
1) re-apply for a fresh K 1 visa by submitting a new petition package , this means going through the whole process again right from scratch.. And ending up at the same consulate (mumbai) where my case was handled, since mumbai happens to be the consulate handling K-1visas . What do we do for the "proof " this time ? since all the proof I have already deposited with them and If 100+phone cards , her phone bills highlighting our conversation, 120+ courier receipts, greeting cards, letters , and 4 kilograms of Yahoo Chat do not qualify as enough proof for them to see.

2 ) Arrange for my fiancee to come to India in order for us to get married. Now, When my fiancee comes to India, does she have to contact the US embassy in India, to get the "marriage form" ? How long has she to stay with me in India ? after we are legally married.. and she goes back to USA and files the Spouse Visa.. how long will be the waiting time ?

Thanking You

[rayb]

Sun-Doc,

Something was wrong with your interview presentation, or you just got one of the "bad" interviewers with whom everybody has problems.

Once you are certain that you have a clear denial, you can resubmit a new K1 package.

Or you can arrange to marry your petitioner, and she can submit a spousal petition. Soon as she has a copy of the marriage certificate, she can submit the spousal petition, regardless of whether she is still in India or has returned to the States.

Either way, the next timeframe will range between 7 and 11 months.

If you no longer have "proof" of relationship, it's unfortunate that you didn't submit copies, rather than originals. You'll have to come up with new proof of relationship. This time, however, make copies of everything and retain a digital copy of all that you have submitted.

--Ray B

Dear Rayb,

Thanks once again for your prompt reply really appreciate it. Now coming straight to the options that we have in front of us,
1) re-apply for a fresh K 1 visa by submitting a new petition package , this means going through the whole process again right from scratch.. And ending up at the same consulate (mumbai) where my case was handled, since mumbai happens to be the consulate handling K-1visas . What do we do for the "proof " this time ? since all the proof I have already deposited with them and If 100+phone cards , her phone bills highlighting our conversation, 120+ courier receipts, greeting cards, letters , and 4 kilograms of Yahoo Chat do not qualify as enough proof for them to see.

2 ) Arrange for my fiancee to come to India in order for us to get married. Now, When my fiancee comes to India, does she have to contact the US embassy in India, to get the "marriage form" ? How long has she to stay with me in India ? after we are legally married.. and she goes back to USA and files the Spouse Visa.. how long will be the waiting time ?

Thanking You

[sun-doc]

As an alternative, if you obtain proof of marriage, you can just apply for a spousal visa, using form I-130, with the $420 submittal fee and evidence of marriage and relationship.

--Ray B

Dear Rayb

I am really amazed of the in depth knowledge you possess and your eagerness to help almost everybody facing problems . People like you are truly rare . after much thought and discussion online, we have decided to go the Marriage way.. Since time waits for nobody and both of us are getting older . Now since I shall arrange for her visit to India for our marriage with her relatives, and we shall be getting married there are a few queries buzzing around..

1 ) Upon her arrival in India and BEFORE getting married.... Does she have to contact the US embassy and get an approval / intimate them on her purpose of coming here to get married ?

2 ) And since we shall be filing after marriage... The embassy will definitely be asking us "proof" of living together and relationship. So to be on the safest side.. How long should her duration of stay be for them to get satisfied .. I know i am being a bit impertinent, since i am really hurt and surprised that 100+phone cards , her phone bills highlighting our conversation, 120+ courier receipts, greeting cards, letters , and 4 kilograms of Yahoo Chat did not qualify as enough proof for them.



Thanking you

[rayb]

My involvement on these forums is not without some selfish motivation, as this is also what we do for fees.

Anyway, in some countries there is a requirement that the foreign national obtain an affidavit in which he swears he is "free to marry," i.e., has no impediment. This is driven by marriage laws in particular countries. At the U.S. Manila Embassy, it is a strict requirement for marriage in the Philippines. In Mainland China, the rule exists, but doesn't seem to be enforced by Chinese government offices. In Cambodia, it's much more complicated, and advance approval has to be obtained by both foreign partner and local, and there are some laws regarding allowed age limits for foreigners marrying locals.

Embassy interpretation of the "proof of cohabitation" varies by interviewer. A few weeks' proof of the same address, in additional to joint accounts, leases, and proof of travelling together, are usually sufficient.

--Ray B

Dear Rayb

I am really amazed of the in depth knowledge you possess and your eagerness to help almost everybody facing problems . People like you are truly rare . after much thought and discussion online, we have decided to go the Marriage way.. Since time waits for nobody and both of us are getting older . Now since I shall arrange for her visit to India for our marriage with her relatives, and we shall be getting married there are a few queries buzzing around..

1 ) Upon her arrival in India and BEFORE getting married.... Does she have to contact the US embassy and get an approval / intimate them on her purpose of coming here to get married ?

2 ) And since we shall be filing after marriage... The embassy will definitely be asking us "proof" of living together and relationship. So to be on the safest side.. How long should her duration of stay be for them to get satisfied .. I know i am being a bit impertinent, since i am really hurt and surprised that 100+phone cards , her phone bills highlighting our conversation, 120+ courier receipts, greeting cards, letters , and 4 kilograms of Yahoo Chat did not qualify as enough proof for them.



Thanking you

[sun-doc]

Embassy interpretation of the "proof of cohabitation" varies by interviewer. A few weeks' proof of the same address, in additional to joint accounts, leases, and proof of travelling together, are usually sufficient.

--Ray B

Thanks a lot once again on the valuable clarification .... we shall definitely meet the consulate here in Chennai, where i live, and get the affidavits made.

Now coming to the "proof of cohabitation"

1 ) a few weeks proof of the same address---- Can it be a notarized affidavit from both of us sworn in front of a Notary ?

2 ) now joint accounts--- Since she will be coming for a matter of weeks ... we just open the account and let it be ?

3) leases--- Yes while she comes with her family and stays here i have decided to rent out an apartment-- So i shall request the owner to make a Rental agreement Or lease in our joint name

4 ) Proof of travelling together --- Travel tickets indicating our travel to our honeymoon after marriage and loads and loads of pics at various locations.

If you feel i can add anything else to enhance the "proof" kindly help me with your suggestions.

Thanking you

[sarahmay]

221g returned to NVC

[QUOTE=rayb;

Something was wrong with your interview presentation, or you just got one of the "bad" interviewers with whom everybody has problems.

Mr. Rayb i am in CR1 case under 221 g. I haven't submitted my incomplete Documents because the courier is very slow. This morning i checked my Ceac Status and it says "Returned to NVC" What could this passively mean ? Thank you for your reply !

[rayb]

"Returned to NVC" means the Embassy is relinquishing authority for your case and returning it to the NVC for review and probably transfer back to USCIS.

What was the date of your interview?

--Ray B

[QUOTE=sarahmay;506952][QUOTE=rayb;

Something was wrong with your interview presentation, or you just got one of the "bad" interviewers with whom everybody has problems.

Mr. Rayb i am in CR1 case under 221 g. I haven't submitted my incomplete Documents because the courier is very slow. This morning i checked my Ceac Status and it says "Returned to NVC" What could this passively mean ? Thank you for your reply ![/QUOTE]