K1 visa denied, 221(g) issued

[Str8upG 0]

Hi all, my fiancee had her interview today and she was issued a 221(g). The interesting part is that they told her she cannot file for a waiver (I-601) unless she gets married to me. Has any of you heard that before? I'm lost for words and I don't know what to do now. Please let me know if you have any suggestions.

[sara..... 371]

Hi all, my fiancee had her interview today and she was issued a 221(g). The interesting part is that they told her she cannot file for a waiver (I-601) unless she gets married to me. Has any of you heard that before? I'm lost for words and I don't know what to do now. Please let me know if you have any suggestions.

what did the 221(g) state from what i have seen on this site there is something marked on it lack of proof of relationship or request for more proof of relationship what reason did they give her for the denial?

sara

Edited November 3, 2008 by estadia

[Str8upG 0]

It was an act of moral turpitude 5 years ago, but it was really minor. She only got probation. Also, the provisions of INA 212 state an exception that if there was only one such act and the sentence is less than 180 days in jail, then you are not inadmissible.

[sara..... 371]

It was an act of moral turpitude 5 years ago, but it was really minor. She only got probation. Also, the provisions of INA 212 state an exception that if there was only one such act and the sentence is less than 180 days in jail, then you are not inadmissible.

i dont have any help to offer u then because this is way more complicated than i have any information on but im sure someone here on vj will have the answer for u just hang in there

sara

[spookyturtle 9,466]

Hi all, my fiancee had her interview today and she was issued a 221(g). The interesting part is that they told her she cannot file for a waiver (I-601) unless she gets married to me. Has any of you heard that before? I'm lost for words and I don't know what to do now. Please let me know if you have any suggestions.

If she is eligible for a waiver, it doesn't matter if you are married or a fiance. A wavier is available for a fiance.

[Beautiful_years 0]

If her visa was denied on the 221G form they state the reason why, seek the help of an attorney and see if they be rectified?

I was given same form too on the day of my interview, it stated insufficient evidence and believe me i had as much evidence as i could bring except emails as i thought it wasnt necessary, i returned 2days later with over 40 emails some with 2 or more pages. I was out before 15mins and got the visa.

She actually said she expected me the day before.

So try reviewing what the form states as a reason for denial.

Solutions or remedies comes after that.

But seek the help of an attorney.... you cant do this alone or on advice from here alone.

Sorry about the situation and i hope you find a way out soon.

[Nita&Assaad 0]

I am sorry this happen to you!! Can't you just go and marry her?? Then file the Wavier? I seen many couples do this very same thing on VJ

Good Luck!!

Nita

It was an act of moral turpitude 5 years ago, but it was really minor. She only got probation. Also, the provisions of INA 212 state an exception that if there was only one such act and the sentence is less than 180 days in jail, then you are not inadmissible.

[Str8upG 0]

Well, if I just go and marry her, I suppose I have to come back here and file I-130 from scratch, correct? That would take forever. And then add another 6 months on top of that for the waiver, it sucks. I was just hoping to file a fiancee waiver instead.

[Nita&Assaad 0]

I know it sucks!!! But it has happen to others and sometimes it goes quicker because you been in the system already... Yes starting from scratch would take forever but it's better then her not coming at all Just an option.... Wish you tons of luck on your Decision!

Nita

Well, if I just go and marry her, I suppose I have to come back here and file I-130 from scratch, correct? That would take forever. And then add another 6 months on top of that for the waiver, it sucks. I was just hoping to file a fiancee waiver instead.

[emt103c 10]

Nita, please stop telling them to just get married and start all over again. 130's are taking forever, and these consulates are just plain wrong, and not doing their jobs correctly. If each person who gets screwed over by a crappy CO who doesn't know their job gets the problem corrected. . . then all those poor schmucks who don't find this website, and don't know any better, will stop getting screwed by crappy CO's who don't know their jobs.

Imagine all the poor people who are wasting an extra YEAR, getting married and re-filing and THEN having to wait on the waiver to boot! People who know their rights must fight for them. The law is behind this couple, they need to fight.

[spookyturtle 9,466]

Nita, please stop telling them to just get married and start all over again. 130's are taking forever, and these consulates are just plain wrong, and not doing their jobs correctly. If each person who gets screwed over by a crappy CO who doesn't know their job gets the problem corrected. . . then all those poor schmucks who don't find this website, and don't know any better, will stop getting screwed by crappy CO's who don't know their jobs.

Imagine all the poor people who are wasting an extra YEAR, getting married and re-filing and THEN having to wait on the waiver to boot! People who know their rights must fight for them. The law is behind this couple, they need to fight.

Excellent post. We must fight for our rights. The consulates have ruled incorrectly many times and only a few people will fight it and get the decision overturned or corrected.

[Str8upG 0]

Nita, please stop telling them to just get married and start all over again. 130's are taking forever, and these consulates are just plain wrong, and not doing their jobs correctly. If each person who gets screwed over by a crappy CO who doesn't know their job gets the problem corrected. . . then all those poor schmucks who don't find this website, and don't know any better, will stop getting screwed by crappy CO's who don't know their jobs.

Imagine all the poor people who are wasting an extra YEAR, getting married and re-filing and THEN having to wait on the waiver to boot! People who know their rights must fight for them. The law is behind this couple, they need to fight.

Excellent post. We must fight for our rights. The consulates have ruled incorrectly many times and only a few people will fight it and get the decision overturned or corrected.

Well, the funny thing is that I spoke with the DOS today and they told me the same thing as the consular officer had told my fiancee: No hardship waiver for INA212(a)(2) unless we get married. So why is there such a huge disconnect between between DOS and USCIS. If I file the I-601 and it gets approved by the DHS overseas and then they transfer it to the consulate, will there be a contradiction, since the consulate thinks no waiver is allowed? I mean, they cannot reject it because the DHS has sole authority over waivers, right?

[spookyturtle 9,466]

You have to get the consulate ruling changed before you can submit the waiver.

[emt103c 10]

We affectionately refer to both the USCIS line and the DOS line as the "Misinformation" lines.

You will need to do your research and write a very thorough letter quoting the law to the Consulate. It needs to be written and copied to the Visa Section Chief and the Consul General or overseer of the Embassy. . .make sure you are very professional, courteous, and kind. Be deferential and firm. You are right, but you must convince them that you do not consider them stupid, only wrong. When I had to do the same thing (over a much bigger screw up) I sent a copy of the letter to the Consul General, Section Chief, my Senate Immigration liaison, and my House Rep Immigration liaison. I had both liaisons write a letter of support for my letter. Within two weeks the error was corrected, but my liaisons were WONDERFULLY organized.

Edited November 8, 2008 by emt103c

[emt103c 10]

BTW:

Consult with experienced attorneys:

www.visacentral.net

www.humanrightsattorney.com