K1 returned to USCIS for RE-EVALUATION

[phladetroit]

Hi immigration.com family,

I am a Filipina petitioned by my American fiance. Our petition was approved in February 2012. I had my interview last March 2012 at the embassy. During the interview, they said they need to send back our petition to the USCIS since the record shows that the first petition by my EX-fiance is still active. My EX (also an American) petitioned me on 2009 who broke the engagement on 2010 which means I was not able to undergo any interview and no visa ever issued. My fiance now and I did not know that the first petition should be cancelled by my ex. We were also confident that the first petition (2009) wont affect the second (2011) with my current fiance since I am the beneficiary and not the petitioner. So both petitions were sent back and ours (2011) was received by USCIS-CSC on May 2012. We were told to wait 120 days which will be this Sept.2012. My medical exam is valid until September 2012.

How long does it officially take them to review returned petitions? And what could be our best next step? Any advice is highly appreciated.

Thanks and More Power!

 

[Triple Citizen]

Your local US consulate suspects you of using any means possible to enter the US. They have asked USCIS to re-evaluate your second I-129F. The consulate reckons that USCIS approved it in error. I do not believe the first I-129F is still active since an approved I-129F is valid only for 4 months unless extended by an overseas US consulate.

How long does it officially take them to review returned petitions? And what could be our best next step? Any advice is highly appreciated.

 

[phladetroit]

Your local US consulate suspects you of using any means possible to enter the US. They have asked USCIS to re-evaluate your second I-129F. The consulate reckons that USCIS approved it in error. I do not believe the first I-129F is still active since an approved I-129F is valid only for 4 months unless extended by an overseas US consulate.

How could that be? USCIS even gave us a chance to explain when we were still waiting for our NOA2 for my recent one since they send us NOID after finding out that my name was in their file. Then after all the formal explanation we've done, we got approved. We also thought that the first one already expired knowing that it has been almost 3 years since the 1st petitioned was sent back then at 2009 but they said it is still active.

What is it really then?

 

[Triple Citizen]

The US consulates fall under the State Deparment. They can, and do, return approved visa petitions to USCIS when they believe that USCIS approved them in error or they believe the petitioner conceaed something from USCIS that may alter the final adjudication of the petition.

How could that be? USCIS even gave us a chance to explain when we were still waiting for our NOA2 for my recent one since they send us NOID after finding out that my name was in their file. Then after all the formal explanation we've done, we got approved. We also thought that the first one already expired knowing that it has been almost 3 years since the 1st petitioned was sent back then at 2009 but they said it is still active.

What is it really then?

 

[phladetroit]

The US consulates fall under the State Deparment. They can, and do, return approved visa petitions to USCIS when they believe that USCIS approved them in error or they believe the petitioner conceaed something from USCIS that may alter the final adjudication of the petition.

Thank you for your insight about our case.

By the way, do you have any idea how long they normally take them to review returned petitions? Whats the usual no. of months we need to wait until they give us their decision?

Thank you again. More power.

 

[Triple Citizen]

USCIS may take 3-4 months to re-adjudicate the I-129F. First step will be USCIS contacting the sponsor, not the beneficiary, to inform that they have received the I-129F from the US consulate for re-evaluation.

By the way, do you have any idea how long they normally take them to review returned petitions? Whats the usual no. of months we need to wait until they give us their decision?