CR1 DENIED IN GHANA UNDER 221 G

[kalia3333 1]

My husbands CR1 visa was denied this morning in Ghana. They gave him a letter stating it was due to Section 221G. The Ghana embassy told him that I could appeal this in ten weeks. The kept telling him over and over that our marriage must be a fraud even though the lady said we had more than enough evidence. So is this a mean it was denied or administrative review? Am I out of options? I am completely devasted right now! Do I need a lawyer at this point or should I just give up because after almost a year and half of being apart I am just lost. Please advise and thanks.

[Twisted K 2]

the action to take will all depend on exactly what the 221g states. if they were requesting additional information, then you will just have to find a way to provide exactly what they want. failure to do so will result in the case going back to uscis like ours did last year.

if they are stating that your case will immediately be sent back to the uscis, then you will have to do everything you can to keep the case there, ie contacting your senators/congressmen.

also, consider getting a well-qualified attorney.

in the unfortunate event that your case does make it back to uscis, then start collecting evidence to rebutt the consular findings. the reason i say get on that immediately is because uscis only gives you a small window to turn in a rebuttal to any notice of intent to deny or revoke (NOID/NOIR). Good luck to you

[kalia3333 1]

the action to take will all depend on exactly what the 221g states. if they were requesting additional information, then you will just have to find a way to provide exactly what they want. failure to do so will result in the case going back to uscis like ours did last year.

if they are stating that your case will immediately be sent back to the uscis, then you will have to do everything you can to keep the case there, ie contacting your senators/congressmen.

also, consider getting a well-qualified attorney.

in the unfortunate event that your case does make it back to uscis, then start collecting evidence to rebutt the consular findings. the reason i say get on that immediately is because uscis only gives you a small window to turn in a rebuttal to any notice of intent to deny or revoke (NOID/NOIR). Good luck to you

Yes they said the case will immediately be sent back to the USCIS. My senators office already helped me expedite the case. How do I ask them to help this time?

The applicant has been found eligible under section 221g on the immigrant and national act. This section prohits the issueing of the visa to anyone whos application does comply with the INA or regualtions issed pursant there to. We will return all case files to the NVC who will than transfer the case to the USCIS......The USCIS will contact you as soon as they recieve your petition. Please do not contact the embassy regarding this case. It could take up to six months for the case to be forwarding.

Ok, but than the lady told him I only have ten weeks to appeal it. If it takes six months to transfer it how do I appeal it???

[kalia3333 1]

the action to take will all depend on exactly what the 221g states. if they were requesting additional information, then you will just have to find a way to provide exactly what they want. failure to do so will result in the case going back to uscis like ours did last year.

if they are stating that your case will immediately be sent back to the uscis, then you will have to do everything you can to keep the case there, ie contacting your senators/congressmen.

also, consider getting a well-qualified attorney.

in the unfortunate event that your case does make it back to uscis, then start collecting evidence to rebutt the consular findings. the reason i say get on that immediately is because uscis only gives you a small window to turn in a rebuttal to any notice of intent to deny or revoke (NOID/NOIR). Good luck to you

Yes they said the case will immediately be sent back to the USCIS. My senators office already helped me expedite the case. How do I ask them to help this time?

The applicant has been found eligible under section 221g on the immigrant and national act. This section prohits the issueing of the visa to anyone whos application does comply with the INA or regualtions issed pursant there to. We will return all case files to the NVC who will than transfer the case to the USCIS......The USCIS will contact you as soon as they recieve your petition. Please do not contact the embassy regarding this case. It could take up to six months for the case to be forwarding.

Ok, but than the lady told him I only have ten weeks to appeal it. If it takes six months to transfer it how do I appeal it???

[Akua Abeku 0]

the action to take will all depend on exactly what the 221g states. if they were requesting additional information, then you will just have to find a way to provide exactly what they want. failure to do so will result in the case going back to uscis like ours did last year.

if they are stating that your case will immediately be sent back to the uscis, then you will have to do everything you can to keep the case there, ie contacting your senators/congressmen.

also, consider getting a well-qualified attorney.

in the unfortunate event that your case does make it back to uscis, then start collecting evidence to rebutt the consular findings. the reason i say get on that immediately is because uscis only gives you a small window to turn in a rebuttal to any notice of intent to deny or revoke (NOID/NOIR). Good luck to you

Yes they said the case will immediately be sent back to the USCIS. My senators office already helped me expedite the case. How do I ask them to help this time?

The applicant has been found eligible under section 221g on the immigrant and national act. This section prohits the issueing of the visa to anyone whos application does comply with the INA or regualtions issed pursant there to. We will return all case files to the NVC who will than transfer the case to the USCIS......The USCIS will contact you as soon as they recieve your petition. Please do not contact the embassy regarding this case. It could take up to six months for the case to be forwarding.

Ok, but than the lady told him I only have ten weeks to appeal it. If it takes six months to transfer it how do I appeal it???

Hello Visa Journey Member! I am saddened by this news. I pray that things work out. I do not understand this aspect of the immigration process, but I did find this information in case you have not read up on this yet. I do wish you and your husband the best.

221g - Administrative Review and/or Administrative Processing

--------------------------------------------------------------------------------

Administrative Review and/or Administrative Processing

After Your Visa Interview

Administrative Review: Is when your case is being looked at more closely for accuracy and to make sure all security name and fingerprint checks have cleared and your visa can be adjudicated.

Administrative Processing: Means once you have interviewed it is in security checks for any of these situations: you have had a name hit in one of the many data bases, background checks for fraud, or has missing and incomplete information that must be submitted and the rechecked. Processing is more in depth and than the review process and there is no time limit for this processing to complete. Administrative processing can last a few days or months and in some cases it has endured for years.

What is 221(g)?

The 221(g) is a section of the US Immigration and Nationality Act, which is used when the embassy or consulate are unable to take immediate action on a visa case. In rare cases, when additional processing is required, the suspense category used in that case is 221(g) while the additional processing takes place. For example, sometimes the applicant has failed to bring in the correct documentation, has incomplete information or in some cases the embassy wants a co sponsor before they will issue the visa or health reasons are all reasons a 221(g) is issued. In the Middle East/African/ Asian countries these applicants are scrutinized and screened more intensely and thus they have to wait out longer security or fraud investigations until all verifications for security or suspected fraud come back cleared.

Source: US Immigration and Nationality Act located on the web at: http://149.101.23.2/graphics/lawsregs/INA.htm

The 221(g) forms vary from consulate/embassy and you can get one or more forms after your interview. They vary in color as well as the way they are written whereas some are brief and some are detailed. In most cases they say to contact the consulate/embassy after 45 days. Be aware that the 45 days means business days (no weekends or holidays) and in some parts of the world the processing times are longer than 45 days. Always, try and check for others that are going through the same consulate and see what the average processing time is for the majority of the applicants.

Disclaimer: Information published on ***removed*** is not intended to be used in a legal capacity. ***removed*** takes no responsibility for any information used by members or guests in the process of their case. Information contained on ***removed*** is based on members' personal experience, opinion and is offered solely in a suggestive manner. Information from official government agents or websites, including those from the USCIS, DOS, SSA etc should be verified from another source. Government employees are not held responsible for giving incorrect information. Government websites are not always up to the minute. Forms become outdated quickly. Each individual immigration case is unique; and while legal advice is not always required to complete a case, in your case it may be necessary. Conduct research, evaluate your comfort level, and consider a consultation with an immigration attorney for a professional evaluation of your case - A good investment in your future.

______________________________________________________

Please check out this link to FAQ about Administrative Processing aka: AP

[Antwifam 0]

I'm very sad for the response that you had received. I pray that things will work out better for you both. I will keep you in my prayers.

[kalia3333 1]

I'm very sad for the response that you had received. I pray that things will work out better for you both. I will keep you in my prayers.

I haven spoke to an attorney and he said I must wait for th USCIS to file a rebutta. 2 3 years his guess for ghana. So i will be leaving gor Ghsana mid January. I give up.I will be wgth my husband in Ghana.

[Tish 2]

Hi. This is my first post ever, because it really hits home for me. Although my husband and I are seeking K-3 visa in Ghana, I can relate to the frustration and other emotions you're experiencing. We had our initial interview this past October and were "temporarily denied" pending further review and "administrative processing" and other evidence of relationship. Our next interview will be at the end of January, so I am praying that all will be finished at that time.

my thoughts to you is to be encouraged, first and foremost. Secondly, please don't give up...do everything you can to bring your spouse to the U.S. He deserves the comforts of constant electricity (with the exception of storms, disasters, etc.), flowing tap water at all times, A/C in units as a standard, etc. Love alone cannot get you through nights when you want to be close and romantic, but the discomfort of consuming humidity and sweaty bodies is too much to bear. Please understand that I do not intend to simply speak negatively of the country, but rather to point to the reality that you and hubby will face each day. I always enjoy my time in Ghana, but I am usually more than willing to depart when the time comes. I can endure many things, and I am by no means spoiled or well off, but rather honest about the simple pleasures I enjoy in the U.S.

Please understand that I am speaking from my heart, as I have visited Ghana several times with my husband, and I know it would be very difficult for me to live there for any extended period of time. I recently told my husband that if things do not go our way in January, I will come to Ghana...he laughed...even my husband finds it difficult living in Ghana since he's been in the UK for the past 10 years.

All in all, you will do what's best for you and your husband, but I implore you to perservere and dig deep to find enough "fight" to continue your process until you receive the desired result. If you need to visit hubby for a while in the meantime, that's always a great idea. I wish you well!!

Tish

[UN-KNOWN 0]

Im sorry for that .

[effieb 1]

Hi. This is my first post ever, because it really hits home for me. Although my husband and I are seeking K-3 visa in Ghana, I can relate to the frustration and other emotions you're experiencing. We had our initial interview this past October and were "temporarily denied" pending further review and "administrative processing" and other evidence of relationship. Our next interview will be at the end of January, so I am praying that all will be finished at that time.

my thoughts to you is to be encouraged, first and foremost. Secondly, please don't give up...do everything you can to bring your spouse to the U.S. He deserves the comforts of constant electricity (with the exception of storms, disasters, etc.), flowing tap water at all times, A/C in units as a standard, etc. Love alone cannot get you through nights when you want to be close and romantic, but the discomfort of consuming humidity and sweaty bodies is too much to bear. Please understand that I do not intend to simply speak negatively of the country, but rather to point to the reality that you and hubby will face each day. I always enjoy my time in Ghana, but I am usually more than willing to depart when the time comes. I can endure many things, and I am by no means spoiled or well off, but rather honest about the simple pleasures I enjoy in the U.S.

Please understand that I am speaking from my heart, as I have visited Ghana several times with my husband, and I know it would be very difficult for me to live there for any extended period of time. I recently told my husband that if things do not go our way in January, I will come to Ghana...he laughed...even my husband finds it difficult living in Ghana since he's been in the UK for the past 10 years.

All in all, you will do what's best for you and your husband, but I implore you to perservere and dig deep to find enough "fight" to continue your process until you receive the desired result. If you need to visit hubby for a while in the meantime, that's always a great idea. I wish you well!!

Tish

Tish! Tish!

You are so right. I really feel the same way. My fiance is having his interview on FEB 16 2010 and i am praying really hard.

[effieb 1]

My sis,

Please heed Tish's advice it's so true. DO NOT GIVE UP AT ALL. FIGHT, BABY FIGHT, IT IS A GOOD FIGHT. It will be worth while. Keep us posted. My baby is going on 021610 i am praying every day. I will say a special prayer for you. I have not seen my baby since May of 2008 and i am DYINGGGGG! So i do understand what you are going through.

I WILL PRAY WITH YOU TILL YOU GO TO THE INTERVIEW. DON'T GIVE UP! THE ALMIGHTY FATHER IS THE BIGGER THAN THE CONSULAR.

[Angel of Faith 0]

President Barack Obama

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

President Barack Obama,

As United States citizens we the undersigned would like to address the immigration visa process for fiancés and spouses known as CR-1, K3 and K1. Revision and modernization of the visa process is desperately needed to allow for a more streamlined and fair application process.

As U.S. citizens we understand the steps taken to protect American soil. Thorough FBI checks, criminal background checks, and court background checks are necessary to protect American citizens from harm. Medical exams are needed to ensure communicable diseases are not brought into the country. Each of these steps can and should be done in a timely and fair manner.

When an American citizens gets engaged or married to a foreign national everything possible should be done to allow the couple to be together during the interview process. Visa applicants deserve to be treated fairly and equally during the application review process. All applicants should be allowed to show the marriage is based on love and not on fraudulent terms as 85% of multinational marriages are. These couples want to be together during the application process to move forward with their relationships.

A review of the Immigration process for fiancés and spouses can be conducted on American soil to ascertain the validity of the couples' love. American citizens in relationships with non citizens should have rights equal to those were both parties are citizens.

We the undersigned understand that the immigrants should not become a ward of the state and meeting the income guidelines with sponsorship should be more than sufficient to ensure that wont happen. Continuous proof of love should be proven over time while the couple is together in the United states to ensure the state does not become the cause of the couples' separation.

Advanced criminal background checks and interviews with the applicant in their country should be sufficient to stop threats to the United States from entering the country. Consular officers should be professional and respectful at the time of the interview and allow the applicant time to respond to questions. Interviews should be done in private rather than in the open with all other people in the room able to observe. Not one case should be compare to another and nor should the Consular Officer ever leave a interview to speak to another Officer unless they have questions and/or concerns about paperwork.

If an application is denied the Consular Officer should write in detail why they feel the individual was denied a visa and allow for a chance to appeal with the American spouse being present for a separate interview.

We thank you for your time and consideration in this matter and expect prompt action to remedy this situation for future applicants.

Sincerely,

Petitioners of Spouse Immigration Visa

Below is those who support this petition. I am requestion a 1000 signatures and Please forward back to cbaby0@hotmail.com and I will forward to the president.

1. April El'Majrab

2.

3.

4.

5.

6.

7.

[Harsh_77 718]

@ Angel of Faith – I don’t think this is how any country’s immigration process works. You can be unhappy, dissatisfied whatever you can get 10,000 signatures and that would not change the process.

With number of frauds cases rising number or illegal residents rising they have to put a stop before they let anyone enter the country.

Say as per your letter they make the entry process real simple and let any jack in the country and then they find out he is fraud – who is going to bear cost of his removal?

[TBoneTX 46,262]

Also, people here have to take care not to reply to ancient threads or posts as though they're new.

Edited March 24, 2011 by TBoneTX

[pushbrk 13,166]

President Barack Obama

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

President Barack Obama,

As United States citizens we the undersigned would like to address the immigration visa process for fiancés and spouses known as CR-1, K3 and K1. Revision and modernization of the visa process is desperately needed to allow for a more streamlined and fair application process.

As U.S. citizens we understand the steps taken to protect American soil. Thorough FBI checks, criminal background checks, and court background checks are necessary to protect American citizens from harm. Medical exams are needed to ensure communicable diseases are not brought into the country. Each of these steps can and should be done in a timely and fair manner.

When an American citizens gets engaged or married to a foreign national everything possible should be done to allow the couple to be together during the interview process. Visa applicants deserve to be treated fairly and equally during the application review process. All applicants should be allowed to show the marriage is based on love and not on fraudulent terms as 85% of multinational marriages are. These couples want to be together during the application process to move forward with their relationships.

A review of the Immigration process for fiancés and spouses can be conducted on American soil to ascertain the validity of the couples' love. American citizens in relationships with non citizens should have rights equal to those were both parties are citizens.

We the undersigned understand that the immigrants should not become a ward of the state and meeting the income guidelines with sponsorship should be more than sufficient to ensure that wont happen. Continuous proof of love should be proven over time while the couple is together in the United states to ensure the state does not become the cause of the couples' separation.

Advanced criminal background checks and interviews with the applicant in their country should be sufficient to stop threats to the United States from entering the country. Consular officers should be professional and respectful at the time of the interview and allow the applicant time to respond to questions. Interviews should be done in private rather than in the open with all other people in the room able to observe. Not one case should be compare to another and nor should the Consular Officer ever leave a interview to speak to another Officer unless they have questions and/or concerns about paperwork.

If an application is denied the Consular Officer should write in detail why they feel the individual was denied a visa and allow for a chance to appeal with the American spouse being present for a separate interview.

We thank you for your time and consideration in this matter and expect prompt action to remedy this situation for future applicants.

Sincerely,

Petitioners of Spouse Immigration Visa

Below is those who support this petition. I am requestion a 1000 signatures and Please forward back to cbaby0@hotmail.com and I will forward to the president.

1. April El'Majrab

2.

3.

4.

5.

6.

7.

I suggest you have somebody with better petition writing skills write the letter/petition for you and then use some other method besides spamming a message board to get it distributed. Typed names are not "signatures".

Telling government officials how things "should be" without explaining why, is futile. Wise folks know that when others say "it should" or "you should" they really mean, "I want". It's OK to "want" but unless you justify your "want" in some compelling way, it just goes in one ear and out the other.