K1 visa denied, 221(g) issued

[vkhn 0]

My fiancee was interviewed on 11/21/2008 and she got a 221g.The case will be returning to USCIS for possible revocation. Base on the I-797 notice of action said that the approval notice is valid from 07/22/2008 to 11/22/2008. Is this notice preferring to the k-1 visa application expiration date? It is really scary to us the fact that we are dying to be together and giving all the evidence of our relationship as much as possible and still not good enough. I would like to know that if the case is denied what is the best thing to do to bring someone you love so much to join with you in the US? Each nights and days, I keep telling my fiancee that it is okay..we'll be together just a matter of times to make her feel better. But honest to God, I am scared to death that our dreams will never happen just because it was her first interview that she has and it is like the case is just being push away without giving us more times to give more evidence or for the me to explain. On the nonimmigrant visa application on number 26. the question asked how long do you intend to stay you the U.S.?? Since we are planing to marry within 90 days after her arrive we put permanently. Is this wrong?Can someone help me understand why my case is being rejected so fast?

Thanks you,

vkhn

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

[Dakine 26]

" we put permanently" Nothing wrong with that.

What does the 221g list for denial?

Get your Senator working on your case ASAP. They can find out what's happening. At least mine did on my first K1 denial.

Edited November 23, 2008 by Haole

[emt103c 10]

you need to act fast. . .they are assuming that the relationship is for immigration reasons only if they are sending it back for revocation. An attorney is probably a good idea at this point and you need to gather proof of valid relationship. . .phone records, plane tickets, pictures, testimonial letters from family members, letters/cards sent between the two of you, etc. . .

[vkhn 0]

section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provision of the immigration and nationality act or regulations issued pursuant thereto.

" we put permanently" Nothing wrong with that.

What does the 221g list for denial?

[vkhn 0]

It was only her first interview and that is their assumption right of the bat? So if people doesn't have an attorney they can kiss their love good bye? This is like putting me to death!!

you need to act fast. . .they are assuming that the relationship is for immigration reasons only if they are sending it back for revocation. An attorney is probably a good idea at this point and you need to gather proof of valid relationship. . .phone records, plane tickets, pictures, testimonial letters from family members, letters/cards sent between the two of you, etc. . .

[Dakine 26]

section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provision of the immigration and nationality act or regulations issued pursuant thereto.

" we put permanently" Nothing wrong with that.

What does the 221g list for denial?

That's all it said?

Pretty general. Could be anything!

If so. Get your Senator working on it NOW. Once it is returned to USCIS you may as well start over.

Edited November 23, 2008 by Haole

[vkhn 0]

And your case will be returned to USCIS.

[vkhn 0]

seem to me like the Consular Officer doesn't want to hesitate on my case..

section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provision of the immigration and nationality act or regulations issued pursuant thereto.

" we put permanently" Nothing wrong with that.

What does the 221g list for denial?

That's all it said?

Pretty general. Could be anything!

If so. Get your Senator working on it NOW. Once it is returned to USCIS you may as well start over.

[tracymike 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.

HI, Yes, we did this very thing. We did the fiance and then the I-130 both. Takes forever, no quicker. If emt is right, and they've made a mistake.... But, then again, emt, I always thought that Homeland Security are laws unto themselves. Can you really fight them? Anyways, good luck to you and your in the right place for advice here, as, together, we've been through it all!!! Tracy

[emt103c 10]

You can fight them and win, though it takes a lot of work. I agree with you that it is tough.

There are laws that govern both DOS, USCIS and the blanket DHS. I fought for my one point and won, they must follow their own laws. You just have to find the right people in high places to support you and remind them of the law.

For me, the CO said we HAD to file a 601 and it wasn't legally required. It took help from my Senator and House liaisons as well as the office of Consular Affairs and the Visa Section chief at the consulate and the Consul General of the consulate, but the error was corrected in a matter of weeks instead of months.

Edited November 23, 2008 by emt103c

[brnidokiegurl 0]

when k1 is to be returne you need to work quick to get your rep involved and you need to stay in contact trying do everything u can to keep it there, if returned it is not good calif normally just stops no more action done and they expire, vermont can sometimes continue after a long wait, these go to the bottom of the pile and now we all know how slow vermont is, i would guess a year waiting for them to review would be close if not longer, so get busy and do all you can now before return

[Beautiful_years 0]

How did it go? Did you get married or what? I wish things work out for you!

[Zayd 0]

I know some people may disagree or get upset with what I am about to say but honestly, you may be better off just following the consular officer's advice and refiling. There is a good chance that this uphill battle will not have the results you expect and at some point, it may be worth considering just cutting your losses and starting over. I know personally I would worry so much about my waiver getting rejected that the peace of mind from refiling would be worth it. If you look at it correctly, refiling at this stage would only lengthen things by a few months because either way you will need to file a waiver so that time is going to happen amyway. Moreover, if you were to fight, you would spend a while trying to get all of the waiver documents ready. If you refiled, you could prepare all that stuff while you wait for you I-130. So the added time is only the difference between the time to get the I-130 approved and the time you would have spent preparing the waiver. It probably would be only a few months but you would greatly increase your chances of success.

[emt103c 10]

I know some people may disagree or get upset with what I am about to say but honestly, you may be better off just following the consular officer's advice and refiling. There is a good chance that this uphill battle will not have the results you expect and at some point, it may be worth considering just cutting your losses and starting over. I know personally I would worry so much about my waiver getting rejected that the peace of mind from refiling would be worth it. If you look at it correctly, refiling at this stage would only lengthen things by a few months because either way you will need to file a waiver so that time is going to happen amyway. Moreover, if you were to fight, you would spend a while trying to get all of the waiver documents ready. If you refiled, you could prepare all that stuff while you wait for you I-130. So the added time is only the difference between the time to get the I-130 approved and the time you would have spent preparing the waiver. It probably would be only a few months but you would greatly increase your chances of success.

Except that if he doesn't fight the finding and they basically "charge" him with fraud and cancel the petition, it is possible he will be ineligible for the visa even after being married and refiling. Fraud is punished very harshly and refiling doesn't always work as a solution. He has to figure out how to fight it or manage to withdraw the first petition before the assume fraud. He needs aid from elected officials and hopefully an attorney. The laws are not always fair, but he has to work within the system as it is.

[Zayd 0]

Except that if he doesn't fight the finding and they basically "charge" him with fraud and cancel the petition, it is possible he will be ineligible for the visa even after being married and refiling. Fraud is punished very harshly and refiling doesn't always work as a solution. He has to figure out how to fight it or manage to withdraw the first petition before the assume fraud. He needs aid from elected officials and hopefully an attorney. The laws are not always fair, but he has to work within the system as it is.

Definitely agreed that this person needs legal counsel. None of us are lawyers here; if we were, we'd be charging. From what I have seen when they questioned the bona fides of a K1, marrying and filing an I-130 usually remedied the problem. In what situations have you seen it cause a problem emt?