Form 221g denial - Administrative Processing

[ChangChang 0]

Form 221g

My fiancee had her interview last week in Bangkok and the Dr. who had performed her medical exam failed to provide the chest x-ray. She called her mother in Chiang Mai and had the the chest x-ray overnighted. The embassy then gave her a 221g and described the denial as "Administrative Processing". In the form it also stated 212(a)(1), health related grounds, 212(a)(4) likely to become a public charge and 212(a) see DSL-851A for further details. It also said that she was eligable for a waiver and to see attched for I724. Neither form I724 or DSL-851A was attached. The embassy said they would get back in touch with her but that was 10 days ago and we have heard nothing since. I e-mailed them last week asking for more information but they have not responded.

I had her go back to her Dr. and ask about the x-rays. At the time of the exam he had told her she had a spot on her lung and that it wasn't serious but she should keep an eye on it. It turns out they suspect TB. In my study of the disease I have found that there are different forms of TB and some are not contagious. Either way, its treatable if caught early enough. Has anyone on this post had an experience with a positive TB test? Why is the K1 placed in "Administrative Processing" if they are denying her application. Is there a chance they are going to ask for more testing before they form a decision?

This is a very big dissapointment for both of us after a 7 month wait. I feel like I should have just married her here and adjusted status but no, I decided to do everything by the book. Would there be any advantage to traveling back to Thailand to marry her there? Any advice (or referral to an honest attorney) would be appreciated. Regards,

Paul Form 221g denial. Health reasons

[Carlawarla 1]

I'm sorry to hear of your situation. I don't know much about waivers or denials, however what struck me is that there have been many PI (Philippine) fiances or wives on these boards that have been tested positive for TB. From what I've read in their forums, if they have a suspicious x-ray, they have a sputum test, and if after all of that, it's positive for TB, they have to enter a medical regime, and once given a positive report by the Doctor, then they can then inform the Embassy and their case is resumed. Just from memory, it appears that the medical procedures last about 8 months.

AP usually means administrative processing which means that they want time to further review the application. AP can take anytime from 2 weeks to 1 year. I'm wondering if your application wasn't placed on AP because of the possible TB? In which case see above..whereby once she has a clean bill of health from the Dr., then they can resume processing and issue a visa.

It's possible that they just haven't had time to email you back. I'd email them again and again until they respond. If there is a phone number, try calling as well. At some point, if you don't hear from them, you might want to get your senator or congressman involved if you don't get any response.

Getting married isn't going to change the possible TB. Personally, I'd find out what the medical procedure now is for a sputum test and get that going if it turns out positive in the interim. Don't wait for the Embassy to determine if there should be more testing.

I hope you hear from the Embassy soon and wish you the best.

[ChangChang 0]

I'm sorry to hear of your situation. I don't know much about waivers or denials, however what struck me is that there have been many PI (Philippine) fiances or wives on these boards that have been tested positive for TB. From what I've read in their forums, if they have a suspicious x-ray, they have a sputum test, and if after all of that, it's positive for TB, they have to enter a medical regime, and once given a positive report by the Doctor, then they can then inform the Embassy and their case is resumed. Just from memory, it appears that the medical procedures last about 8 months.

AP usually means administrative processing which means that they want time to further review the application. AP can take anytime from 2 weeks to 1 year. I'm wondering if your application wasn't placed on AP because of the possible TB? In which case see above..whereby once she has a clean bill of health from the Dr., then they can resume processing and issue a visa.

It's possible that they just haven't had time to email you back. I'd email them again and again until they respond. If there is a phone number, try calling as well. At some point, if you don't hear from them, you might want to get your senator or congressman involved if you don't get any response.

Getting married isn't going to change the possible TB. Personally, I'd find out what the medical procedure now is for a sputum test and get that going if it turns out positive in the interim. Don't wait for the Embassy to determine if there should be more testing.

I hope you hear from the Embassy soon and wish you the best.

Thank you for your kind words. I have been frustrated by the lack of response by the US Embassy in Bangkok. Without their instructions what I think is irrelevant. I haven't lost my enthusiasm for my fiancee and as I told her, I didn't say I love you unless....."you fill in the blanks". It is hard for her to taste success and then be defeated by this process. I hope she can find the strength to continue another 6 months. Regards, Paul

Edited June 17, 2009 by ChangChang