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Richard W

Consulate returned I-129F back to USCIS

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Filed: K-1 Visa Country: India
Timeline
My fiancee's visa was approved by the USCIS, which was initially submitted early March 08. They sent it to the US Consulate in New Delhi. They took about a month before sending her the letter to schedule an appointment, then that took about 2 more weeks. She was initially denied at the interview due to 221g - they didn't think we had enough evidence of engagement. So she submitted more stuff they requested, and they sat on it for over 2 months.

The 4 months window expired. They sent it back.

Its been 2 weeks and the USCIS still has no record of this. My online case status has not changed, and I have not received any letter on my end.

What am I supposed to do now. :(

My fiance got the exact same 221(g), and it too was his 2nd one which was sent back to the states. Same reason, wording, all details are the same and from what I've been reading since we found out on Jan 1, 2009, is that Delhi is becoming a plague amongst the visa applicants. They seem to be turning most applicants down with some very lame excuses.

Well, something is up, I don't know what, but something is going on and who's paying for it? We are! Honestly, I think we need to start a class action suit agianst the USCIS for allowing this blantant abuse and disregard of our rights as U.S. citizens and their rights as human beings to occur. I've been reading these same stories for almost a month now on a daily basis and I'm getting sick and tired of hearing "there's nothing you can do about it" . I'm so ticked off! Even the attorneys I've spoke to act like it's no big deal. Why in H.LL are we allowed to be treated like this? What the FLIP 'IS' going on???

I've found that the USCIS KNOWS VERY WELL that these consulate officers are turning legitimate applicants down and at an alarming rate. The SO-CALLED excuse stated is that the consulates are overworked and thats why they're not examining the documents we submit! So what about them doing their job? Are they not supposed to HAVE to do their jobs like everyone else like the majority of U.S.Citizens who are overworked? What about the living hell that we are put throughout this entire flipping mess of a process just to told that the consulates didn't look at our evidence and then return our petitions???

Oh! And another thing I'm sick and tired of are these WIMPY so-called EXPERIENCED 'know-it-alls REPEATING EVERYTHING they've read on the internet and passing themselves off as PROS just because they have been through it. GET OVER YOUR SELVES DUMBASSES and LET's DO SOMETHING POSITIVE!!! IF anyone wants to help me locate a lawfirm to start a Class Action Suit against all responsible parties and DEFEND OUR RIGHTS ONCE AND FOR ALL please, PLEASE contact me A.S.A.P. Remember that this is a FREE and OPEN society. America, not some communist regime, but a FREE COUNTRY! REMEMBER THAT! There's more power in numbers, so the more the better!! We have a RIGHT TO PURSUE OUR PURSUIT OUR HAPPINESSES. TO FREELY MARRY WHOMEVER WE CHOSE AND HAVE THEM LIVE WITH US HERE IN OUR OWN "FREE" COUNTRY!!! 911 was NOT our FAULT!! And neither are those SCAM marriages our faults either!!! COME ON PEOPLE, WAKE UP!! It's time to start DEFENDING our selves and STOP TAKING THIS #######!!!

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Filed: K-1 Visa Country: India
Timeline
My fiance got the exact same 221(g), and it too was his 2nd one which was sent back to the states. Same reason, wording, all details are the same and from what I've been reading since we found out on Jan 1, 2009, is that Delhi is becoming a plague amongst the visa applicants. They seem to be turning most applicants down with some very lame excuses.

Well, something is up, I don't know what, but something is going on and who's paying for it? We are! Honestly, I think we need to start a class action suit agianst the USCIS for allowing this blantant abuse and disregard of our rights as U.S. citizens and their rights as human beings to occur. I've been reading these same stories for almost a month now on a daily basis and I'm getting sick and tired of hearing "there's nothing you can do about it" . I'm so ticked off! Even the attorneys I've spoke to act like it's no big deal. Why in H.LL are we allowed to be treated like this? What the FLIP 'IS' going on???

I wouldn't be opposed to participating in a class action suit. But it would be against the US Department of State. As far as I'm concerned, the USCIS did a good job with my petition - they processed it quickly, and approved it. Its everything after that that went to hell.

Info about 221g US Visa Denials (work in progress)
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Filed: Citizen (apr) Country: Ecuador
Timeline

A VJer who got hosed at the Guayaquil (Ecuador) consulate -- still the #1 hellhole that Delhi is apparently trying to emulate -- talked with a guy who knew former Pres. Bill Clinton personally. This guy related a comment from Clinton about how the consulates are just about untouchable, even by a President. I'll add to this my inkling that the Dept. of State is almost certainly 99.44% populated by ex-consular officials, so the mindset won't change. Furthermore, I was given the impression that the Foreign Service is crying for people, so just about any warm body is hired and assigned overseas. Two immigration attorneys have told me that the high-volume consulates (for example, Manila, Bogota, Lima, London) get the cream of the crop when bodies are assigned.

The recent treatment at Delhi proves what I've periodically said here about NOT taking the consular interview for granted: Personnel, policies, and practices can change, sometimes dramatically, without notice. This is why I recommend front-loading USCIS petitions with proof-of-relationship evidence that even consulates in higher-fraud countries (or with senseless policies) cannot ignore or refuse to look at, because USCIS has seen it first and passed it.

Would that more of us had invested in whichever company manufactures Plexiglass, which will never go out of business as long as consular necks hypothetically need to be protected from being wrung by justifiably outraged U.S. citizens.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: K-1 Visa Country: India
Timeline

Update.

The petition has already cleared VSC and made it back to the USCIS. My senator/congressman is trying to get a timeframe from them for how long until it is reviewed.

FYI, I have started a "blog" site, 221g.info, to post info about avoiding or overcoming the 221g status. Its a huge mess right now but I'll clean it up as I get more info.

A lawyer I consulted, my senators and congressmen, have also suggested I just cancel the petition and start over. I don't like this at all. The fact that it made it so fast back to the USCIS gives me hope. I'm just going to keep applying pressure to see how fast I can get it reviewed. Maybe I can get them to re-approve it without revoking it and putting me through an appeal process.

Info about 221g US Visa Denials (work in progress)
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Filed: IR-1/CR-1 Visa Country: India
Timeline
Update.

The petition has already cleared VSC and made it back to the USCIS. My senator/congressman is trying to get a timeframe from them for how long until it is reviewed.

FYI, I have started a "blog" site, 221g.info, to post info about avoiding or overcoming the 221g status. Its a huge mess right now but I'll clean it up as I get more info.

A lawyer I consulted, my senators and congressmen, have also suggested I just cancel the petition and start over. I don't like this at all. The fact that it made it so fast back to the USCIS gives me hope. I'm just going to keep applying pressure to see how fast I can get it reviewed. Maybe I can get them to re-approve it without revoking it and putting me through an appeal process.

Yeah, mine made it back a couple of days ago. I am leaving on Wednesday to go to New Delhi. Right now, we are hoping to get an answer from USCIS with in the next 6 months, so we will know if we will need to get married and start all over. Ours went to California which has the tendency to let expired cases remain expired. Enough time was wasted last year, so I am anxious to get the ball rolling again. Good luck Richard, we will be with our loved ones soon, keep the faith.

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

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