Santop Posted June 16, 2006 Report Share Posted June 16, 2006 Hi, My case is being sent back to the US for review and possible revocation due to third party correspondence. Please, 1. What is/are the step(s ) involved in this? 2. Will the petitioner be contacted in the US before any decision is taken? 3. How long will the processing take? Thank you. Link to comment
SallyHon Posted June 16, 2006 Report Share Posted June 16, 2006 You may check the link below: David put them together... http://candleforlove.com/forums/index.php?showtopic=18470 Good luck! Link to comment
Mick Posted June 17, 2006 Report Share Posted June 17, 2006 Really sorry to hear that. This issue of third party correspondence is becoming a real pain in the keester for quite a few folks. It would seem GUZ would get out in front of the curve on this stuff and make an effort to evaluate the validity of what is claimed in third party correspondence. I would caution all those in the process to encourage their SO to not discuss their case with anyone who they may even remotely suspect might have an agenda. Link to comment
frank1538 Posted June 17, 2006 Report Share Posted June 17, 2006 The links previously given should provide some good information. It sounds like the consulate is about to kick the files back to USCIS with an recommendation to revoke. The files will go first to NVC then to the Service Center. The consulate will prepare a memorandum in support of its recommendation to revoke, and it is important the you or your lawyer get this information as soon as possible so that you can at least understand the consulate's thinking. This link will provide you some background on the consulate's procedure: http://travel.state.gov/visa/laws/telegram...grams_1415.html While the threshold for sending the files back to USCIS to revoke is supposed to high (from the link: "...solid, factual evidence of fraud or misrepresentation, evidence that is likely to stand up in a court of law".), many people here have a sneaking suspicion that petition revocations are often the result of "third party correspondence" where some "friend" or shady service provider tries to de-rail the process because of jealousy or wanting money that you or your SO refused to pay. Whatever the reason, you have to find out why. When cases are being readied for a return stateside with a recommendation to revoke, I encourage petitioners to seek competent legal counsel and attempt to keep the files at the consulate so as to try to resolve the matter there. Once the files leave the consulate/NVC, you're back under USCIS's jurisdiction with a lot of formal procedures and likely black holes. If USCIS intends to revoke your original I-129F petition, it should issue a Notice of Intent to Revoke (NOIR) which is supposed to allow you to provide whatever information/documents that might rebut the consulate's position or otherwise prove your case. If USCIS actually revokes your original petition, you will have an opportunity to appeal the decision. Hopefully, it won't come to that. One thing I learned from christer's recent post - http://candleforlove.com/forums/index.php?showtopic=18654 - you apparently cannot rely on either the consulate or USCIS to keep the petition in valid status which the matter is being resloved. Approved I-129F petitions are valid for four months but can be revalidated by either the consulate or USCIS. In christer's case, apparently, his petition was not revalidated, and USCIS used it as an excuse to not rule. In effect, they said to start over. Good luck. Link to comment
xtal Posted June 17, 2006 Report Share Posted June 17, 2006 Hi, My case is being sent back to the US for review and possible revocation due to third party correspondence. Please, 1. What is/are the step(s ) involved in this? 2. Will the petitioner be contacted in the US before any decision is taken? 3. How long will the processing take? Thank you.224705[/snapback]Really sorry to hear this. What happened though? I thought you passed your interview on May 23rd? Link to comment
rlheim Posted June 17, 2006 Report Share Posted June 17, 2006 I feel your pain. I hope things work out for you. Link to comment
Santop Posted June 17, 2006 Author Report Share Posted June 17, 2006 Really sorry to hear this. What happened though? I thought you passed your interview on May 23rd?224767[/snapback]Yes, I passed but the consulate called me on the day of my pick up that I should come for a second interview the next day. That was where I got to know of the TPC. Link to comment
ameriken Posted June 17, 2006 Report Share Posted June 17, 2006 Didnt they give a chance to submit overcome evidence? Or did you already do that and they still sent it back? Link to comment
Santop Posted June 18, 2006 Author Report Share Posted June 18, 2006 Didnt they give a chance to submit overcome evidence? Or did you already do that and they still sent it back?224804[/snapback]I already did that Link to comment
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