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  • 1 month later...
Filed: K-1 Visa Country: Ecuador
Timeline
Posted

my case is in 221g AP, i am worrying if they return it to USCIS then what kind of documents USCIS ask to REAFFIRM the case???

your help will be appreciated

Thanks

USCIS will review the petition, issue a re-affirmed petion, or revoke the petition and send you a notice stating the time frame for rebuttal with option to submit "additional evidence" they dont normally ask for specifics.. You just have to front load everything you have and can find and send that to them, as you will have only one chance to convince them.

Filed: IR-1/CR-1 Visa Country: Iraq
Timeline
Posted

maybe this can give you some insight

221(g):

The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation.

Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate Under Section 221(g)?

Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate?

• 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.

• Petition is returned to the United States by the interviewing consulate for "further review"

• Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.

• Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.

• Local service center receives returned petition.

• Local service center who processed the original petition sends a notice of receipt to the petitioner.

• Local service center reviews the returned petition and consular officer notes on the case.

• Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.

• Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.

• Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.

• If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.

• If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.

• Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.

• Consulate notifies the beneficiary of a new interview date.

• Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.

Marriage : 2008-01-26

I-130 Sent : 2008-02-06

I-130 NOA1 : 2008-02-20

I-130 Approved : 2008-03-19

NVC Received : 2008-03-25

Received DS-3032 / I-864 Bill : 2008-04-07

Pay I-864 Bill 2008-04-17

Receive I-864 Package : 2008-04-21

Return Completed I-864 : 2008-04-22

Return Completed DS-3032 : 2008-04-07

Receive IV Bill : 2008-04-20

Pay IV Bill : 2008-04-21

Receive Instruction Package : 2008-05-01

Case Completed at NVC : 2008-05-12

NVC Left : 2008-05-23

Consulate Received :

Packet 3 Received : 2008-05-01

Packet 3 Sent : 2008-05-01

Packet 4 Received : 2008-05-31

Interview Date : 2008-07-15

result AP

2009-05-15 case returned to USCIS

2009-06-29 case received at USCIS

2010-03-12 letter from USCIS stating reason for case being returned and asking for additional info of a on going relationship

2010-03-29 sent next day air-2010-03-30 10:30 USCIS signed for package

2010-03-31 USCIS updated accoun

2010-04-10 received email case reaffirmed

2010-08-18 2nd interview

9/2/2010 Visa Received

9/16/2010 Entered USA

10/15/2010 received 10 year GC

:http://spreadsheets.google.com/ccc?key=pGV...s4pIA&hl=en

  • 1 month later...
Filed: Other Country: Morocco
Timeline
Posted

Salam / HI

Can you please tell me what kind of evidence have you submitted to the uscis. My case just was returned in 2/11

Thanks

maybe this can give you some insight

221(g):

The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation.

Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate Under Section 221(g)?

Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate?

• 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.

• Petition is returned to the United States by the interviewing consulate for "further review"

• Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.

• Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.

• Local service center receives returned petition.

• Local service center who processed the original petition sends a notice of receipt to the petitioner.

• Local service center reviews the returned petition and consular officer notes on the case.

• Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.

• Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.

• Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.

• If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.

• If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.

• Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.

• Consulate notifies the beneficiary of a new interview date.

• Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.

Filed: IR-1/CR-1 Visa Country: Iraq
Timeline
Posted

Before I can answer your question I need to know why your case was sent back to USCIS. I will be glad to help you all I can. You can send me a message if you like. You have a few months to prepare so dont panic. It seems more and more cases are being returned.

Marriage : 2008-01-26

I-130 Sent : 2008-02-06

I-130 NOA1 : 2008-02-20

I-130 Approved : 2008-03-19

NVC Received : 2008-03-25

Received DS-3032 / I-864 Bill : 2008-04-07

Pay I-864 Bill 2008-04-17

Receive I-864 Package : 2008-04-21

Return Completed I-864 : 2008-04-22

Return Completed DS-3032 : 2008-04-07

Receive IV Bill : 2008-04-20

Pay IV Bill : 2008-04-21

Receive Instruction Package : 2008-05-01

Case Completed at NVC : 2008-05-12

NVC Left : 2008-05-23

Consulate Received :

Packet 3 Received : 2008-05-01

Packet 3 Sent : 2008-05-01

Packet 4 Received : 2008-05-31

Interview Date : 2008-07-15

result AP

2009-05-15 case returned to USCIS

2009-06-29 case received at USCIS

2010-03-12 letter from USCIS stating reason for case being returned and asking for additional info of a on going relationship

2010-03-29 sent next day air-2010-03-30 10:30 USCIS signed for package

2010-03-31 USCIS updated accoun

2010-04-10 received email case reaffirmed

2010-08-18 2nd interview

9/2/2010 Visa Received

9/16/2010 Entered USA

10/15/2010 received 10 year GC

:http://spreadsheets.google.com/ccc?key=pGV...s4pIA&hl=en

Posted

What does it mean by re-affirm petition?

It means that the evidence you submitted originally was not satisfactory. When the CO opens the file, they review the documents and decides whether the case is complete or not. Also she or he adjudicates the petition for validity-meaning if you proved the marriage is real.

If CO doesn't like something she can send your documents far away.:)

This is what happened to me long time ago. It was quite frustrating and very long process.

Since you have already been married ,CO has more responsibility to review the case very carefully. But if she still decides to send the package off, you will have to be very patient until you get the response from USCIS. Once they send you the notice that they received your pkg back, they will require more proof from you. So your US citizen spouse needs to submit evidence to show that the marriage in fact is real.

However, try to avoid your pkg to be sent as hard as you can.

1. You can bring your US spouse to the interview -it helps a lot.

2. Try to contact your Senator , they will send the "request form" on your behalf.

3.Go to the interview prepared ,organized and answer their questions carefully.

4.Stay calm and positive.

Good Luck

 
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