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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 99981
Experience:  Private practice in several areas, including immigration
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Everyone, my wife i-130 petition has been sent back

Customer Question

hi everyone,
my wife i-130 petition has been sent back from us consulate of Myanmar since march 16,2015 for review
no reason has been given why visa was not issued. my wife did attend 1 interviews and medical check also provided enough evidences
it's being now 14 months since uscis received back my case and i havent hear from them yet? I did call to uscis they are still review how long they have to review..?? when I field this form green card now I am US citizenship
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. 1) What do you mean "sent back?" Was it rejected? Or did you receive a Request For Evidence? Or... what happened? And if it was rejected, then they normally do provide a reason. 2) Does the correspondence ask/request/demand anything of you or her? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 6 months ago.
us embasy sent to back(my case) to uscis .uscis say It review.
Expert:  Ely replied 6 months ago.
I am sorry, I do not quite understand. So the I-130 was not sent to you. It was sent back to USCIS. Correct?
Customer: replied 6 months ago.
yes..Department of State Sent Case to USCIS For ReviewOn March 16, 2015, the Department of State sent us your case, Receipt Number WAC1290551876, for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
Expert:  Ely replied 6 months ago.
Thank you. Does the notice have any instructions?
Customer: replied 6 months ago.
can you answer ? what happen ? how long I have to wait?
Customer: replied 6 months ago.
you don't answer yet anything about my question..,
Expert:  Ely replied 6 months ago.
Thank you. Okay - this is not unusual. There is no need to panic. What happens is that if the US Consulate sees a potential issue, they will send it to USCIS to review. This can be a problem authenticating a document, or a conflict of addresses on the forms you provided, etc. Any number of things. USCIS has a number of experts that can do this stateside. The US Consulate does not - it only has the US Consular agent. Once any issue is resolved, then the I-130 proceeds forward. I am afraid I cannot tell you how long the additional wait would be. It can be anywhere from a few weeks to months depending on the issue. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 6 months ago.
Thank you Ely. I think that reason negative right?i mean she can not came with this case ? it was already long time to take.
so how I have to do Please let me know.
Expert:  Ely replied 6 months ago.
Not negative. It simply means that USCIS is reviewing the application to weed out any errors. That is all. Many applications are then granted once any discrepancy is resolved! Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 6 months ago.
Now 14 month ..So how long I have to wait ? Please tell me. By the way I am now us citizenship. thank you Ely
Expert:  Ely replied 6 months ago.
No problem. Have you attempted to call USCIS or to visit an office to ask about the issue? Or not?
Customer: replied 6 months ago.
Yes ., I did call to uscis they say it reviewing . I already wait 14month . I have no idea .how about they will close my case?
Expert:  Ely replied 6 months ago.
They will not close the case or deny it without telling you and the applicant.
I would recommend visiting an office who may be able to give you more information FACE TO FACE. You can make an appointment here:
https://infopass.uscis.gov/
Fourteen months is a bit long.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 6 months ago.
when I will visit to office they will answer how long need to wait something?
Expert:  Ely replied 6 months ago.
Possibly. Or at least, they would be able to give you MORE information than just on the telephone.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 6 months ago.
need to logout for chatt?
Expert:  Ely replied 6 months ago.
No, you do not.
Expert:  Ely replied 6 months ago.
Ah, just to clarify if you meant that in regards ***** ***** phone request. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and they may agree to the call. They will also have your question and my replies to build upon, so nothing will be lost. Please let me know if you need anything else. If not, please do not forget to rate positively. Thanks!
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
That's not a bad idea to stay for the 15 business days it will take to get a reply to the new H-1B petition. Unlawful presence began on May 11, 2016. The closer you get to 180 days of unlawful presence, the harder it will be to convince a visa officer that your overstay was brief, reasonable and won't happen again. Staying for a just a few weeks should not cause a problem. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 6 months ago.
I really want know is how long need to wait.because this is already longer..
Expert:  Ely replied 6 months ago.
Hello, Another expert accidentally posted a response to an unrelated question in this thread. That was an accident and they asked me to relay their apologies. I cannot tell you how long you will wait because you have not told me what the issue is for the delay. I have told you a way to possibly find out what the issue is and how much longer the wait may be which is to do an Infopass appointment. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 6 months ago.
You already taked $48.when ever can chatt or you will re-charge.? What you mean ,what the issue is for the delay??
Expert:  Ely replied 6 months ago.
Hello, I did not take anything. The money is still on your JA account. It actually is not released unless you rate positively - which you have not done even though the conversation is over. The site works on an honor system, and I do ask that you rate positively once satisfied and submit that rating. Thanks. If you want to request a chat with an expert, that is at a premium, i.e. extra.

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