9/8 K-3 white slip 221g

[gulliver 0]

Just looking for some advice on Sept 8 my wife got a white slip for 221g non bona fide and yes i was there and all the paper work was in order meanwhile my Cr-1 electronic processing was still moving anyway thats complete and now my wife has a interview in the end of oct and I don't have the exact specfics of why we were orignally denied and i am nervouse that this denial will affect the outcome of my Cr-1. The I129-F for my K-3 has a expiration date of 10-8-09 so it will die i guess but even if they send me a appeal on that it would take months or even a year.

Thanks

GT

[Darnell 8,479]

Hard to say, really, there's lots of factors that would determine the success or failure at the CR-1 interview in October.

I've read about dual cases , where the K-3 was denied, and the I-130 was 'en-route' but quickly snatched up by GUZ and everything returned back to USCIS.

But I've also read about cases where the K-3 was denied, and the CR-1 was approved... there were LONGER durations between the two appointments, though, between 3 to 9 months...

All I can suggest is :

1. to review the 'bonafide relationship proof' instructions on the I-130, make a new set of proof, make sure she has it on Interview Day.

2. attend ACH prior to interview day, ask a few questions about your bonafide relationship proof (they can't answer questions about the K-3, so don't bother ). make sure the questions are general in nature, but specific to the casefile.

3. Prepare a new Evolution of Relationship letter, bring it into ACS, get it notarized. Sure- many will say it's not needed, but your physical presence at GUZ might tip in her favor.

For now, I suggest not to worry about the K-3 , except to meticulously go over the copy of everything you've submitted, try to ascertain if there are any red flags. Then cover those red flags in your EOR letter.

Recently, GUZ has been getting nasty about 'language issues' and 'communication issues', but from what I've read, it's been mostly down to WHICH VO the beneficiary got on interview day.

I would suggest you engage Marc Ellis immediately, have him review your I-130 stuff, and he can arrange for some staff in the ME Guanzhou office to help prep your wife for the interview.

[Darnell 8,479]

edit -> For now, I suggest not to worry about the K-3 , except to meticulously go over the copy of everything you've submitted, try to ascertain if there are any red flags. Then cover those red flags in your EOR letter.

to

For now, I suggest not to worry about the K-3 , except to meticulously go over the copy of everything you've submitted, try to ascertain if there are any red flags. Then cover those red flags in your EOR letter for the I-130 AND your new bonafide relationship proof.

[Dakine 26]

Just looking for some advice on Sept 8 my wife got a white slip for 221g non bona fide and yes i was there and all the paper work was in order meanwhile my Cr-1 electronic processing was still moving anyway thats complete and now my wife has a interview in the end of oct and I don't have the exact specfics of why we were orignally denied and i am nervouse that this denial will affect the outcome of my Cr-1. The I129-F for my K-3 has a expiration date of 10-8-09 so it will die i guess but even if they send me a appeal on that it would take months or even a year.

Thanks

GT

When I was denied I had my senator check into why and his staff found out the exact reasons.

[gulliver 0]

Thanks for all the quick responses and i will take your advice.

How long did it take to get a response from your senator?

Thanks

GT

[Dakine 26]

Thanks for all the quick responses and i will take your advice.

How long did it take to get a response from your senator?

Thanks

GT

Only took a couple days. My senators immigration specialist is HOT. I've used her 3 times thruout the process with success.

Tried one of my congressman first who was worthless.

Call don't email. Some say they had to sign a privacy statement. I didn't have to sign anything.

Edited September 25, 2009 by Haole

[Darnell 8,479]

I also suggest you call DOS and get a 'case status' on the I-130 petition. If it's 'still in play' - then all can be good. If it's been bundled back with the K-3, then all processing will be suspended on it.

Don't mention the white slip or the 221(g) or the K-3 to the human at DOS that you speak with. Only check to see if it's still in play.

[gulliver 0]

I call DOS to verify and they have my interview date in there files, they did confirm and I have the interview letter.

I contacted my congressman to see if they could help find out and they said the would try but did not sound confident so maybe I'll move to my senator I have just a little time and it would be so helpful to know so i could address that issue and move on. The old white slip is so vague Non- Bonafide

Thanks again

GT

[Darnell 8,479]

I suggest Marc Ellis - he can review your copies of the K-3, suggest what to do for the stuff on the I-130 for interview day, and also get one of his staffmembers IN GUZ to help prep your wife.

Most Immigration Liasons in Congressman/Senator offices seem to be ineffectual with dealing with GUZ, specifically for finding out white slip denial reasons for 221(g). The VO at GUZ will have made some notes, but the Immigration Liason staffer won't be able to see it - GUZ is very protective of their stuff.

Marc Ellis, OTOH, has a good record of helping people, and is familar with GUZ (I was almost gonna say intimately familar, but it's right on the cusp ) . see http://www.marcellislaw.com/

[pushbrk 13,102]

Just looking for some advice on Sept 8 my wife got a white slip for 221g non bona fide and yes i was there and all the paper work was in order meanwhile my Cr-1 electronic processing was still moving anyway thats complete and now my wife has a interview in the end of oct and I don't have the exact specfics of why we were orignally denied and i am nervouse that this denial will affect the outcome of my Cr-1. The I129-F for my K-3 has a expiration date of 10-8-09 so it will die i guess but even if they send me a appeal on that it would take months or even a year.

Thanks

GT

The 221g notice should indicate the reasons for denial and either request additional documentation or indicate the case is being returned to the service center. If you don't have a copy, see one for the answers to your questions and then make sure the problems are addressed before the CR1 interview. This is serious business. If your spouse hasn't provided you the paperwork, get it ASAP.

[gulliver 0]

Thanks I got the notice because I was there with her and it just says your case is being returned to the cis because the they did not beleive we have a bonifide relation ship. How can i get the exact reason that they used to make that determination so I can address it before my CR 1 interview. My notice 129F says that it expires on 10-8-09 will they just let it die. It has not been returned as of yet.

GT

[gulliver 0]

okay maybe i got it wrong maybe its not 221g??

This is what it says:

Dear Immigrant Visa Applicant:

The consulate is unable to issue you a immigrant visa because, according to the section of the Immigration and Nationality Act section 5A you do not fulfill the eligibility requirements for the petitioned visa. The consulate determined, based on your testimony, documents, and any other evidence that you do not have a bona fide relationship with the petitioner. The consulate will now return your case to homeland security, CIS for review and possible revocation.........

Is this 221g or something else it does not mention 221g the slip was white

Thanks

GT

[Dakine 26]

Thanks I got the notice because I was there with her and it just says your case is being returned to the cis because the they did not beleive we have a bonifide relation ship. How can i get the exact reason that they used to make that determination so I can address it before my CR 1 interview. My notice 129F says that it expires on 10-8-09 will they just let it die. It has not been returned as of yet.

GT

As I said: My senator got the exact reason for denial. It was mainly lack of a bonafide relationship do to lack of pictures with me and my lady's family.

[Darnell 8,479]

GT - it 'sounds' like a white slip / denial with the 'not a bonafide relationship' category.

I really can't tell you anything about 221(g).

I still recommend you contact Marc Ellis immediately - if he's overseas at the moment, well, he's been up for an hour and he's reachable.

He won't be able to tell you EXACTLY what the VO pegged you for.

BUT.

He can review EVERYTHING you've submitted, and find the holes.

I'm suggesting that 'it's the holes' that dinged you, on the K-3.

Going forward, if you follow his advice, you can plug 'the holes' with a new EOR and other evidence which she MAY get a chance to submit on Interview Day. I cannot second guess anyone here - I can only suggest you contact Marc Ellis, engage him, and let him help you PREP for the I-130 interview.

Edited September 26, 2009 by Darnell

[gulliver 0]

I am taking the advice and going to do everything possble to handle this thanks to everyone for the help.

I did shoot marc ellis a email lets see what happens I'll keep you all posted

Thanks

GT