CR-1Interview BUT temporary visa refusal under 221(g)

[daboyz 36]

Lets all cut the bickering.

By the way, just for information,

A K1 is not necessarily an immigrant visa until the person adjusts their status (AFTER marriage).

That's why is easier usually to get a K1. The person is not legally able to work until they adjusts status AND IF they don't marry within 90 days of entering the U.S., they get booted out of the country (unless they go into hiding somehow).

Get my point?

No I do not get your point. This is a discussion about a CR-1 visa being put in 221g. I don't recall anyone in this thread even talking about K-1. Are you sure you posted in the right place?

[savar 0]

Dear Friends,

I got a very very exciting news from my husband this morning .He got the visa in hand.

As you all know he was put on AP ( Additional Processing) on 9th of this Month under 221g (blue slip).

By 14 days he got it .

He was called by the Embassy the day before and was asked to submit his blue slip the nextday morning.

The Embassy already had his passport so they also asked him to collect his passport at around 2.30 pm.

He collected his passport and found that ,there was a visa stamp on it ......Thanks GOD !

Sounds like they are working faster than before or may be all my LUCK !

It is one of the GREATEST day in my life .

God bless you all .

Savar

[Beth/ Paris Heart 2]

Dear Friends,

I got a very very exciting news from my husband this morning .He got the visa in hand.

As you all know he was put on AP ( Additional Processing) on 9th of this Month under 221g (blue slip).

By 14 days he got it .

He was called by the Embassy the day before and was asked to submit his blue slip the nextday morning.

The Embassy already had his passport so they also asked him to collect his passport at around 2.30 pm.

He collected his passport and found that ,there was a visa stamp on it ......Thanks GOD !

Sounds like they are working faster than before or may be all my LUCK !

It is one of the GREATEST day in my life .

God bless you all .

Savar

Many Happy Congratulations!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Welcome to the rest of your life with your husband at your side!!!!!!!!!!!!!

[daboyz 36]

Dear Friends,

I got a very very exciting news from my husband this morning .He got the visa in hand.

As you all know he was put on AP ( Additional Processing) on 9th of this Month under 221g (blue slip).

By 14 days he got it .

He was called by the Embassy the day before and was asked to submit his blue slip the nextday morning.

The Embassy already had his passport so they also asked him to collect his passport at around 2.30 pm.

He collected his passport and found that ,there was a visa stamp on it ......Thanks GOD !

Sounds like they are working faster than before or may be all my LUCK !

It is one of the GREATEST day in my life .

God bless you all .

Savar

Congrats. Sorry you initially got some bad info.

[♥Stiggy♥ 0]

congratulations!

[rehana 0]

Dear members,

On 27th April same condition applied for my husband CR-1(Immigrant) as did to Savar's husband in Bangladesh. Our interview was great and visa was conditionally approved.However, She gave my husband white slip and blue slip. She also kept my husband's passport and said ADDITIONAL PROCESSING

WE WILL CONTACT YOU AS SOON AS WE RECEIVE THE RESULT.

But as i read at US embassy where it says "When a non-immigrant visa application is conditionally approved and the application requires additional administrative processing, we are unable to estimate how long we will need to complete the processing. The administrative requirements are complex and time consuming and this processing is handled by our headquarters at the Department of State in Washington, D.C. It is difficult to respond to questions concerning the status of your case while the additional processing is pending. As soon as the processing is finished, the consular section staff will contact you. Please do not make any final departure plans to the U.S. until you have your visa in hand."

Why do they need additional processing? What should we do now? How long does this processing takes?Thanx!

[It's me 1]

[Cool Rob 0]

My dear VJ friends

I am totally LOST !!

My husband's interview was on 9th march in Bangladesh .We were prepared well and there wasn't any paper missing or incomplete.The Consular officer asked him bunch of common questions and he replied. She asked him to show some of our pictures but no emails, phone or any other evidences.

At the end of the Interview she gave him a BLUE SLIP stating the following :

Section 221(g) which prohibit the issuance of a visa to anyone whose application does not comply with the provisions of Immigration and Nationality act.

The following remarks apply in your case:

ADDITIONAL PROCESSING

WE WILL CONTACT YOU AS SOON AS WE RECEIVE THE RESULT

Can you please tell me what should we do now ?? they are not asking anymore evidence .they just want us to wait to hear from them

I don't know how long it's gonna be ? Do you guys have any idea ?? Please help please !!

Sorry to hear this. Blue slip under section 221 (g) means your case put on hold for further Administrative Processing, which means your petition, will return to USCIS for additional review and thereafter they will contact you. There is no time limits in this situation neither Consulate entertain your any query. So wait for Consulate notification.

Dont scare people like this. It may end up being returned to USCIS, but they are giving you the chance to rectify this issue. I just went through 221g LAST WEEK. I am sitting on the sofa with my wife now in the US.

Information was based on previous posting of people on VJ and other sites. Some of the posting on VJ are:

http://www.visajourney.com/forums/index.ph...t=#entry1849316

http://www.visajourney.com/forums/index.php?showtopic=2687

http://www.visajourney.com/forums/index.ph...t=#entry2577534

Rest you can search yourself.

I guess I'm an idiot. Where in any of those posts does it say which means your petition, will return to USCIS for additional review I got a 221g blue slip. My petition never left the consulate.

So really you have absolutely no idea what you are talking about.

Some other info related to INA 221 (g):

From NVC web site:

http://www.travel.state.gov/visa/frvi/inel...Ineligibilities

From USCIS web site:

http://www.uscis.gov/propub/ProPubVAP.jsp?...e16a4cb816838a4

Visa Denials under section 221 (g) at US Consulates

Even after USCIS approved a petition, the US consulate abroad can deny visa based on INA act section 221 (g) because the requirements for a petition-based visa did not met by an applicant. When it happens, they also request that the USCIS revoke the petition that approve earlier.

Just keep this fact that USCIS is primarily responsible to determine whether or not a person meets the requirements for particular visa under law. Immigration officer at US consulate abroad, under certain situation, reach a different verdict and request that the USCIS to reconsider its original approval of a petition.

So, USCIS concluded “Yes” before for a petition but consulate officer concluded “No” to the petition and under this circumstance, they send back the approved petition to the USCIS with “ADDITIONAL ADMINISTRATIVE PROCESSING”.

In July, 2001 Department of State classify the role of consulate officers with respect to adjudication of petition based visas and remind them that the revocation process should only be used “sparingly” and should not attempt to re-adjudicate petitions.

http://travel.state.gov/visa/laws/telegram...grams_1415.html

Interestingly, the guidance states that the petition SHOULD NOT be returned unless the consulate uncovers new information that was not available to the USCIS at the time of that petition's approval. This happen due to common mistakes during visa interview, whether it is just related to lack of paper works or bona fide relationship, etc.

Revocation Process: Consulate forward the petition to the Department of State, Kentucky Consular Center which then send to USCIS service center that originally approved the petition. The USCIS then re-evaluates the petition and either reaffirms and returns it to DOS or in many instances issues a notice of intent or revoke (NOIR) to the petitioner and gives 30 days to respond with additional evidence.

See bolded passage. You flat out told the OP that the petition would be returned to USCIS. Your post above quotes the following:

Interestingly, the guidance states that the petition SHOULD NOT be returned unless the consulate uncovers new information that was not available to the USCIS at the time of that petition's approval. This happen due to common mistakes during visa interview, whether it is just related to lack of paper works or bona fide relationship, etc.

We can go round and round about this. If 221g meant the case would be returned to USCIS, my wife would not be sitting here next me.

Section 221 (g) is the broad term of INA act under which there are many CLAUSES some of them are related to medical, misrepresentation, false claim, security, etc. You case was simply relate to more evidence for either paper works or bona fide relationship. Probably due to this reason, your case did not return to USCIS and consular officer issue the visa after you provide more evidence.

Thank you. So please stop telling people this when they get 221g:

which means your petition, will return to USCIS for additional review and thereafter they will contact you

You still do not get it. So stop it here and “Soniasharmin” is right, let us pray for “Savar” to get out from mess ASAP.

In addition, thanks for me.

Hi I Miss Her,

Thanks for posting those official DOS links... My wife's interview was on January 22, 2009 and she was given a 221(g) form. We are still waiting, so the links you posted described the process in detail. I know for a fact our case has been sent back to the US and now I know exactly where. Congressmen and Senators are of no help at all.

Regards,

Rob