Additional Documentation Required - Bangkok Embassy

[Nahathai_Ike 0]

yea, BKK are being real PITA's lately.

for once, I Concur with pushbrk, your wife should have had your passport on top of everything so they know you were out there waiting.

I'm going through the same 221g BS with them now......jumping through ridiculous friggin' hoops.

As daboyz mentioned, on your 221g form, it says you can only go there to return the documents

on Monday and wednesday from 1-3pm. But at least you can go in with her. Show them your passport and make a copy of it to give to them. Explain to them you are here not there and maybe they'll go with your passport.

I dont know if they can make those documents for you there or not.

Worst case scenario, you'll have to return to the states, get the document and send to her.

We scanned and printed my US passport for the application this morning. I still do not know why they did not accept it. I realize that I should have given her my passport.

However, I plan to contact the ACS in the morning regarding the lost certificate of naturalization and the G221. I do not know what else I should do at this moment. So, I will be waiting for some thoughts here.

Do you think I should write an email to Visa center why the certificate of Naturalization is necessary and explain tow, them that it had been lost for a long time? Or should I ask the reason that the Certificate of Naturalization is required in this application?

Right now, there were several things in my head that I tried to sort through of what to do. I do appreciate your comments and advices. Thanks.

[pushbrk 12,894]

When you go back in, please let me know if she goes to the same interviewer

or another member of the staff takes the papers.

Thanks

i'm just wondering if i have to friggin' go back there for this 221g or not.

maybe if they give her more sheit......and has to go the 3rd time

In our case we didn't see the consular again just the girl took our paperwork into the back. They wouldn't let me in to sit with her when we went back for our 221g.

As part of your packet 3 you should have included a copy of your biographical page of your passport. They should have already seen this. Another important item in providing your US Passport as proof you are a US Citizen, is it must still have a validity period of 5 Years on it. If it is less then 5 years you are most likely going to need your Certificate of Naturalization. I just looked this up in the instructions on filling out the forms. I had less then 5 years on mine, and I had included my birth certificate with my application.

You don't need five years of remaining validity, just five years from issue to expiration. Children receive passports good for only five years. The point they are making is you need a passport issued to an adult.

[Nahathai_Ike 0]

At 9:30 a.m. yesterday, I contacted my attorney who was responsible for our case in St. Louis, Missouri. Before I left for Thailand, I informed her to stand-by to our case. We would contact her if there were any problems.

We wrote an email to her by 9:45 a.m. At 10:00 a.m. or 10:00 p.m. St. Louis time, 15 minutes later, she called us from overseas and we explained our situation to her regarding the evidence of citizenship. I told her that I would send her an e-mail with the G221 after we scanned it.

We sent the email by 10:30 a.m. At 12:30 p.m. or 12:30 a.m. night time in St. Louis, we received the letter from her indicating the error on interpretation of immigration laws and requested the embassy to reverse its decision. The email was also sent to the embassy's email as well.

The tones of the letter was strong and to the point, with an option to use legal matter. (My attorney is a Harvard Law School graduate and practiced immigration law for a few years now. She is young and energetic and is very easy to deal with, not also mentioned about the very reasonable fees.)

She pointed out the facts regarding Federal Regulation Code 8 CFR & 204.1. The US passport (unexpired) is sufficient evident to prove the citizenship, without having to use the certificate of naturalization. She also requested the embassy to accept the original passport as a proof of US citizenship.

In an addition, she also made photocopies of the Codes of Federal Regulations that the embassy must follow all over the world. This also includes the back of I-130 that stated the required documents include US unexpired passport. She also pointed in the letter that when the USCIS accepted and approved the petitions, regarding the nationality status, it means that the unexpired US passport is sufficient toward this matter. (She attached the NOA #1 and NOA#2 with the letter as well.)

Her letter made me sleep well last night. This afternoon, we went to the embassy and submitted the additional documents. The Thai lady at the window refused to take the attorney's letter and said that, she could not take anything else, beside what appeared in the G221. We informed her that, we had an attorney presented our case and by refusing to accept our appeal, she was in violation of our US constitution right to an attorney and I was standing on the US soil. She was reluctantly taking the letter of our attorney plus other evidences. She rudely told us to sit and waited.

We waited until 2:30 p.m. and we got a call from the Thai lady. The lady said that, the Consulate Officer reviewed our case and decided to grant us the CR1. I told her that, there were several documents that accepted as proof of citizenship. Even the counselor said one thing, you would be able to use the equal substitutions because the laws said so. I contacted my lawyer at 3:00 p.m. She said that, by rejecting the substitutions of these documents listed in the CFR, the embassy would be considered in clearly violation of the treatment of US citizen.

We walked out from the embassy with happy feelings. At least, our wait is finally over. We will go to get the visa next week.

Thank you for all suggestions. I do appreciate your helps and comments posted. Have a great week.

[daboyz 36]

At 9:30 a.m. yesterday, I contacted my attorney who was responsible for our case in St. Louis, Missouri. Before I left for Thailand, I informed her to stand-by to our case. We would contact her if there were any problems.

We wrote an email to her by 9:45 a.m. At 10:00 a.m. or 10:00 p.m. St. Louis time, 15 minutes later, she called us from overseas and we explained our situation to her regarding the evidence of citizenship. I told her that I would send her an e-mail with the G221 after we scanned it.

We sent the email by 10:30 a.m. At 12:30 p.m. or 12:30 a.m. night time in St. Louis, we received the letter from her indicating the error on interpretation of immigration laws and requested the embassy to reverse its decision. The email was also sent to the embassy's email as well.

The tones of the letter was strong and to the point, with an option to use legal matter. (My attorney is a Harvard Law School graduate and practiced immigration law for a few years now. She is young and energetic and is very easy to deal with, not also mentioned about the very reasonable fees.)

She pointed out the facts regarding Federal Regulation Code 8 CFR & 204.1. The US passport (unexpired) is sufficient evident to prove the citizenship, without having to use the certificate of naturalization. She also requested the embassy to accept the original passport as a proof of US citizenship.

In an addition, she also made photocopies of the Codes of Federal Regulations that the embassy must follow all over the world. This also includes the back of I-130 that stated the required documents include US unexpired passport. She also pointed in the letter that when the USCIS accepted and approved the petitions, regarding the nationality status, it means that the unexpired US passport is sufficient toward this matter. (She attached the NOA #1 and NOA#2 with the letter as well.)

Her letter made me sleep well last night. This afternoon, we went to the embassy and submitted the additional documents. The Thai lady at the window refused to take the attorney's letter and said that, she could not take anything else, beside what appeared in the G221. We informed her that, we had an attorney presented our case and by refusing to accept our appeal, she was in violation of our US constitution right to an attorney and I was standing on the US soil. She was reluctantly taking the letter of our attorney plus other evidences. She rudely told us to sit and waited.

We waited until 2:30 p.m. and we got a call from the Thai lady. The lady said that, the Consulate Officer reviewed our case and decided to grant us the CR1. I told her that, there were several documents that accepted as proof of citizenship. Even the counselor said one thing, you would be able to use the equal substitutions because the laws said so. I contacted my lawyer at 3:00 p.m. She said that, by rejecting the substitutions of these documents listed in the CFR, the embassy would be considered in clearly violation of the treatment of US citizen.

We walked out from the embassy with happy feelings. At least, our wait is finally over. We will go to get the visa next week.

Thank you for all suggestions. I do appreciate your helps and comments posted. Have a great week.

That's really good to hear. I'm glad you stood your ground with them. Sounds like you have a really good attorney. It is actually nice to hear good things about an attorney. I generally say they are a waste of money, but in your case, it sounds like whatever you paid them was worth it.

When I got 221g, my attorney didn't do anything. VJ helped me.

[AaronLV 12]

Congrats.

When I got 221g, my attorney didn't do anything. VJ helped me.

My attorney helped out with my 221g. They aren't all bad.

[daboyz 36]

Congrats.

When I got 221g, my attorney didn't do anything. VJ helped me.

My attorney helped out with my 221g. They aren't all bad.

I don't think they are ALL bad. Just the majority.

[birch- phuk_beer 0]

So Ike, I would like to know if you had to see the interviewer (CO) again, or did the thai lady just take them then came back with a decision?

I'm curious to know,

1- does my wife have to see this moron CO again?

2- will they tell her then and there if the documents were enough?

3- will they take the passports at that time and hve her come back in a few days to get thier vise?

thanks

[mommymeow 0]

P. Ike Congrats on the visa ka.

[Nahathai_Ike 0]

So Ike, I would like to know if you had to see the interviewer (CO) again, or did the thai lady just take them then came back with a decision?

I'm curious to know,

1- does my wife have to see this moron CO again?

2- will they tell her then and there if the documents were enough?

3- will they take the passports at that time and hve her come back in a few days to get thier vise?

thanks

Hello,

For us, we came back on Wednesday, the 22nd, and did not see any Consulate officer again. The purpose was to submit the additional required evidences. There were only a Thai lady who was at Window # 5 to collect the documents. She was the one that prejudged our documents without even looked at the letter from our attorney.

Regarding your questions,

1. You might or might not see the counsulate officer, depending on the arguments that you had. We did not see the CO again. I do not wish to speculate the reason he did not show up the second time. I believe that he showed up on DABOYZ' case.

2. The weaknesses that I observed from the people who came back, were all related to Evidence of Relationship. I had over 1,200 pictures taken and printed in the contact sheet, 35 pictures per page. We printed all phone logs, chat logs, letters, etc. I used over two reams of papers and printed everything. I separated my tax documents, my wife as beneficiaries as well. We were very organized and put them in the folders.

I organized our documents and color-coded with three folders. My folder (tax, proof that my wife is a primary beneficiary), my wife's folder (birth certificate, house registration, name changes...) and Evidence of Relationship folder. All of them were labeled and we put descriptions regarding each one. We spent time creating this piece for around two weeks. I knew that it was overboard. However, we would like to ensure that we passed. For us, the more the better.

3. They returned my US passport after finished reviewing the additional documents. My wife's passport will be returned within one week. They gave her a notice with a red stamp. I think it will take between 2-4 days, depending on the day of the week.

I suggested that you printed the Codes of Federal Regulations, just in case, the CO asked for some other documents.

We felt that our documents were too perfect. I am an IT engineer and it is not necessary to discuss anything regarding taxation, W2 or income. My wife is also a faculty member of the State subsidized institution.

So, the consulate officer tried to locate the weaknesses and he knew that I was a naturalized US citizen. So, he pulled out this one out of the thin air regarding petitioner's evidence. Copies of US Passport can be used as a proof, no matter the petitioner is a natural born or naturalized citizen. My attorney wrote a very strong letter. The laws must be abided by the embassy regarding the primary evidence to prove the citizenship, with one of these documents -> birth certificate in the US territory, naturalization certificate, unexpired US passport, proof of birth abroad by US parents.

I do wonder what would happen, if I were not in Thailand. How could my wife find the certificate of naturalization or even original US passport? My attorney stated that the additional documents should be more related toward the recipient rather than from the petitioner. This was because the documents from petitioner were already approved by USCIS and also by NVC. NOA2 was described that, your petition had been APPROVED and forwarded to NVC. When this branch of the government approved your application, petitioner's documents submitted should be all sufficient. Petitioner should not be required to submit any other documents, aside from tax paper or the proof of income to be above 125% of the poverty guidelines.

P. Ike Congrats on the visa ka.

Thank you very much for your thoughtful words. We hope that you will find less obstracles on your May 4th interview with this famous CO.

Take care.

Edited April 23, 2009 by Nahathai_Ike

[birch- phuk_beer 0]

yes, congrats Ike....

thanks for answering the questions. We had tons of evidence of relationship. That part was fine.

Its just the 6 documents which my wife now has after incredible amounts of difficulty and cost.

They are being translated now and finished tomorrow.....

They are all regarding the recipient also.

We'll see next week.

After the thai lady took the papers at window 5, she obviously then cam back and told you that you had satisfied their request for more documentation.

I too an an IT engineer