Consulate returned I-129F back to USCIS

[luckytxn 2,264]

I highly doubt that the presidential elections have anything to do with this. A 221g is an administrative review flag. It means they have a serious concern about something like suspecting fraud (As an example) or a name came up that was on a terror list (another example) or some such as that. This will need to be addressed at some time by finding out why it happened because unless it is a visa will never be ok'ed. I understand that you may not know the actual reason but a total offensive is needed to contact everyone possible, including the embassy, Senators and Congressman, State department, etc. As you seem to be a businessman then I do not need to stress that you need to be calm and professional while doing all this.

[sara..... 371]

What did the the 221g say?

They thought there was a lack of evidence of engagement.

mmm we didnt have an engagement party either because most of my family lives in the usa if that is the stand they are gonna take it will make for a lot of denials based on no engagement party

[luckytxn 2,264]

I apologize. I meant that there were two different things here that was confusing me. The 221g that said they saw a lack of engagement letter usually means that they need clarification and will hold the petition for a certain amount of time until they are satisfied with a concern. You should be able to gather or answer their concerns on this part

The sending it back to the states before this is done usually means they suspect fraud and are denying the petition for the reasons I exampled before. I seem to have jumbled my reply together and it seems that I was saying the 221g meant both. Apologize.

Maybe we need to hear more fully the circumstances and all to understand.

[luckytxn 2,264]

Also there is a sub region section that deals mostly with others going through India that may be more helpful. Here is the link:

http://www.visajourney.com/forums/index.php?showforum=91

[catknit 144]

Hi Richard,

We're in the same boat - I just found out tonight NDW is returning our petition too. Waiting for confirmation it's lack of evidence considering that was what both of our 221(g)s requested....that's right, we got two. And yes, it's a high fraud post/India thing - strange but true.

I've spoken on the phone with the consulate about it, didn't get very far. I've emailed requesting specific information and am waiting for that to return [hopefully some time today].

Get on the phone with your senators and congressman immediately. You will need to fill out a confidentiality form and fax/mail it back in.

There is a sticky on the top of the MENA forum explaining what will be happening to your case. Read what the 221(g) says - most likely there is something in there prior to the petition expiring due to time...maybe one or two sentences that say something about a bona fide relationship. That's the "true" reason, based on that reason they will then sum up the denial with the expiration statement.

What they request is boderline crazy though my dad enjoyed writing my marriage permission slip. Evidently a 33 year old divorcee isn't allowed to decide for herself if she can remarry according to the Consulate in New Delhi .

[Richard W 0]

We're in the same boat - I just found out tonight NDW is returning our petition too. Waiting for confirmation it's lack of evidence considering that was what both of our 221(g)s requested....that's right, we got two. And yes, it's a high fraud post/India thing - strange but true.

Something is not right with that consulate. Its supposed to be a US consulate, but the guy who interviewed my fiancee was Indian, and asked very Indian questions. It sounded like another branch of corrupt indian government - for all we know he would have gladly taken a bribe. I think that place needs to be investigated.

[Richard W 0]

Okay I have a copy of the letter. Here are the remarks:

Documents submitted by you are unable to establish that a credible relationship exists between yourself and petitioner. The fiance visa petition is valid for four months from the date of its approval. Your petition was approved on July 15, 2008 and since then, more than four months have elapsed. Because the consular officer was not convinced with the relationship between yourself and petitioner, the petition has not been revalidated. We have returned the petition to the National Visa Center. Hence forth no further action will be taken by the post on your case.

[catknit 144]

Well I *may* be making some progress with my congressman's immigration liason.

When I mentioned that I would be willing to go in and interview with my fiance - she liked the sound of that. Whether or not that will get us anywhere, we'll see.

It's funny you mention bribing...one of the statements I made to the congressman's liason is the fact that - at least in my case - there is only so much time and money available to me. I had the choice of being "responsible" and not lose my job to attend the interview or chance it. I chanced it and lost. If what they are looking for is multiple long trips, by default you are eliminating certain people from being able to be approved - whether or not that's morally/ethically/legally correct is a whole nother argument...

[catknit 144]

They are going with the old stand by - relationship wasn't proven therefore the expiration date on the petition is enforced - I hate them.

Do you have a plan B yet?

[Richard W 0]

Do you have a plan B yet?

I'm putting together a timeline of all the communications we've had with the USCIS and Consulate so far, and an outline of all the evidence that was submitted. I am contacting my senators and will be submitting this info.

[Twisted K 2]

Unfortunately, as much as i hate it, richard, i would have to say, join the club. your denial looks exactly like mine. new delhi has been a joke. and they do take forever before scheduling the interview, only to give the need of engagement ceremony thing. stay in contact with your senators, try to get the petition to stay there. if it gets sent back, indeed, you are in for a looooooong wait. i am still waiting to hear from our senators (mine was supposedly sent back on dec. 29). i am planning on making a trip to india next month, already have my tickets booked. my fiance and i are looking into getting married. but since our petition is in limbo some where in a black hole, we cannot get married until uscis makes the final decision, as they are the only one who has the final say. if you do decide to get married in india, from what i understand, do NOT file another petition until the k1 is officially closed. it will only lead to another denial, and lengthening your wait time. check out the pinned post under the MENA forum. there are a lot of knowledgable people out there. also, if you would like, i have made several topic posts concerning this same thing, and people have been along to give excellent advice. a lot of people have been through the 221g being sent back to the usa, and a lot have been successful. that is who i look to whenever questions arise. i am positive that all of the madness will work out in the end. you all are definitely in my prayers. oh yeah, one more thing, get the pouch number. it will help you track the status as it goes to NVC. by the way, i still check with nvc, and they do not have record of my petition. i still feel in my heart that delhi is just sitting on it. God bless, and you are in my prayers.

[Richard W 0]

check out the pinned post under the MENA forum.

MENA? I can't find a forum name using that acronym. Link?

[Twisted K 2]

check out the pinned post under the MENA forum.

MENA? I can't find a forum name using that acronym. Link?

Oh, I am sorry, here is the direct link to the post I was talking about. There are a lot of pages with people trying to get the post pinned to be visable at the top of the page. Once you get passed that there is some valuable information. You can tell a lot of research has gone into it. MENA is just an acronym for Middle East North Africa (took me awhile to know what MENA was too, so don't feel bad )

http://www.visajourney.com/forums/index.php?showtopic=3896

[Richard W 0]

I saw an immigration lawyer today.

I showed him the notice we got back from the consulate, as well as email replies from the consulate and some of the other documents I have. He said that at this point it might take less time to just get the petition canceled and start all over with a I-130. He was also a little confused by the wording on the 221g - it mentions something about having 1 year to take action or the case will expire, but it doesn't state what action that is. He also agrees that its seems a little odd the officer was able to question our relationship given all the evidence we have, but that was up to his discretion. He's going to do some research and get back to me, as this doesn't seem to be "standard".

I have also opened up inquiries with my senators and congressman.

[catknit 144]

Be careful with the "cancelling" the petition - find out EXACTLY what the attorney means by that.

Read this by Marc Ellis:

http://www.ilw.com/articles/2006,0323-ellis.shtm

You are more than welcome to join us in the 212 and 221(g) forum - there are a few of us from India trying to navigate our way around returned petitions:

http://www.visajourney.com/forums/index.php?showforum=113

It's just beyond words having to go thru this - but it does look like we have options, they will just take time.