221g

[robertg 0]

Ok, I have been asked to start this topic here in this forum. Including myself (K1), there are many of us going through several consulates whose petitions have been sent back to the United States for review.

We need a central place to discuss this issue and help each other out...posts in other forums keeping dropping off.

I am hoping this topic will be "pinned" as it is a very serious issue that many of us are dealing with right now. I refuse to let this topic die! So, if this topic touches you personally as it does me...post here. If this topic interests you because you may face it going through Morocco or other consulates...post here.

My Story:

Like the story of so many others recently, I really thought we were denied when my fiance received this 221g...apparently this is a "soft" denial, not a "hard" denial. Our K1 petition was sent back to the United States for further review of the validity of relationship...basically the consular officer was not satisfied during my fiance's interview even though she refused to take ALL of our evidence into account to make a fair assessment.

I and my Senator fought and fought to get the consulate to look at all of our evidence of a valid relationship BEFORE they sent it back to the US and it did not work...all efforts here were fruitless.

The petition is being sent back and we have to wait for the USCIS to make a decision in our case. It will be about 6 months before I hear anything from the USCIS. This however does not mean I will sit still during this time...oh no, no, no. The USCIS office who initially processed AND approved my petition is receiving all of our proof that the consular officer refused to look at during the interview as well as proof of our ongoing relationship before they make that decision.

You can view the thread of posts regarding my case as these events transpired just after the interview:

K1 Visa Denied in Morocco

The Research:

Myself among others in the ME/NA forum have done extensive research in this area in attempt to help ourselves figure out WTH is going on with our petitions and how to fight this in the United States before actually being denied by the USCIS.

Here are links US Department of State website unclassified telegram communications to Consulates regarding the official process for returning "approved" K1 and K3 visa petitions back to the United States:

GUIDELINES AND CHANGES FOR RETURNING DHS / BCIS APPROVED IV AND NIV PETITIONS

GUIDANCE ON PETITION REVOCATIONS

9 FAM (Visas) - Section 40.0 of the Foriegn Affairs Manual Specific to revocation:

9 FAM 40.0

Poll:

General Poll I created in an attempt to gather basic information from other VJ users going through this issue:

221g Notification, Visa Petitions Sent Back to the United States

~Kiya~

WE WILL NEVER GIVE UP! OHIBOUK RAJLI...LHBIB DYALI

At this point if I start the K3 (Spousal Visa) process, does this help?. I know I have to go back there to marry and all.

[martindart 0]

Ok, I have been asked to start this topic here in this forum. Including myself (K1), there are many of us going through several consulates whose petitions have been sent back to the United States for review.

We need a central place to discuss this issue and help each other out...posts in other forums keeping dropping off.

I am hoping this topic will be "pinned" as it is a very serious issue that many of us are dealing with right now. I refuse to let this topic die! So, if this topic touches you personally as it does me...post here. If this topic interests you because you may face it going through Morocco or other consulates...post here.

My Story:

Like the story of so many others recently, I really thought we were denied when my fiance received this 221g...apparently this is a "soft" denial, not a "hard" denial. Our K1 petition was sent back to the United States for further review of the validity of relationship...basically the consular officer was not satisfied during my fiance's interview even though she refused to take ALL of our evidence into account to make a fair assessment.

I and my Senator fought and fought to get the consulate to look at all of our evidence of a valid relationship BEFORE they sent it back to the US and it did not work...all efforts here were fruitless.

The petition is being sent back and we have to wait for the USCIS to make a decision in our case. It will be about 6 months before I hear anything from the USCIS. This however does not mean I will sit still during this time...oh no, no, no. The USCIS office who initially processed AND approved my petition is receiving all of our proof that the consular officer refused to look at during the interview as well as proof of our ongoing relationship before they make that decision.

You can view the thread of posts regarding my case as these events transpired just after the interview:

K1 Visa Denied in Morocco

The Research:

Myself among others in the ME/NA forum have done extensive research in this area in attempt to help ourselves figure out WTH is going on with our petitions and how to fight this in the United States before actually being denied by the USCIS.

Here are links US Department of State website unclassified telegram communications to Consulates regarding the official process for returning "approved" K1 and K3 visa petitions back to the United States:

GUIDELINES AND CHANGES FOR RETURNING DHS / BCIS APPROVED IV AND NIV PETITIONS

GUIDANCE ON PETITION REVOCATIONS

9 FAM (Visas) - Section 40.0 of the Foriegn Affairs Manual Specific to revocation:

9 FAM 40.0

Poll:

General Poll I created in an attempt to gather basic information from other VJ users going through this issue:

221g Notification, Visa Petitions Sent Back to the United States

~Kiya~

WE WILL NEVER GIVE UP! OHIBOUK RAJLI...LHBIB DYALI

You have the right attitude, NEVER GIVE UP, Sorry to say you will have a longer wait then 6 months. Our petition was sent back to the service center that approved it was on September 2005, her interview was July 19, 2005 The petition will sit at the consulate until they decide to send it back to the NVC where it will sit until they send it to USCIS service center. The petition will sit there until they, USCIS, sends you a notice where you now have the opportunity to rebut the CO findings. If all goes well, USCIS will send you a letter that they have REAFFIRRMED the petition. USCIS will send it the Consulate (I think it goes back to NVC first) then on to the consulate, where it will sit until they schedule you a new interview date. We got blue sheeted again! At the second interview, where we waited about three more months… then, we finally got the K-1 visa last week.

Some of you may think to file a new K-1 or a new K-3 remember, "you are in the system" the results of your initial petition could haunt the new petition. Then all that time and money will have been wasted. I chose to stay the course and overturn the CO findings and get a reaffirmed petition. Remember, you can be blue sheeted again or green sheeted too or both (we were at the first interview) then blue sheeted at the second interview. Should your petition go to AR Admisistrative Review, then it can be up to one year before the CO can get to your petition. Should the CO not have the time to review your petition they can cancel your petition entirly. Then you have to start all over again… “this is very rare.”

I hope this information gave you some insight. again, this is my experence. I hope the process goes much faster for you folks who have had your petitions sent back.

Hang in there!

~Martindart~

[paisita411 0]

Martindart...

Thank you for your input on this topic. I appreciate every nugget of information that's provided. I do have few questions regarding your timeline. On what date was your fiance's visa finally approved? And why were you given a blue slip at the post-reaffirmation interview? And this question is for anyone, an attorney told me that once the Visa is "reaffirmed", my husband will not have another interview at the embassy, the he will only need to go and pick up the visa...is this true? It doesn't sound fair that we go through all of this, get 'reaffirmed' and then face another possible denial at the consular level?

Dre

[martindart 0]

Martindart...

Thank you for your input on this topic. I appreciate every nugget of information that's provided. I do have few questions regarding your timeline. On what date was your fiance's visa finally approved? And why were you given a blue slip at the post-reaffirmation interview? And this question is for anyone, an attorney told me that once the Visa is "reaffirmed", my husband will not have another interview at the embassy, the he will only need to go and pick up the visa...is this true? It doesn't sound fair that we go through all of this, get 'reaffirmed' and then face another possible denial at the consular level?

Dre

Visa approved May 11, 2007. My Fiancee attended the second interview and when asked the year of our engagement she said 2005, 2004 is the correct answer. she was nervious and was blue sheeted once again. You will have to do another interview.

Not true, A reaffirmed petition is a stronger petition but you are expected to provide all the answers the CO asks, study study study The CO has all the power to say approved, denied, requests more information or put the petition in Admisitrative Review. I'm sure they have other aveune to slow or block your petition. I have only encountered the for mentioned.

Good Luck and if you truely love each other, prepare for the worst. It will save you a lot of disapointments and time.

Don

[paisita411 0]

Martindart.. congratulations is not enough. I can't believe the horror you and your fiance had to live through for 2+ years in immigration red tape. I only hope my relationship is as strong as yours. Thank you once again for sharing your story and for your advice. Its incredible how misinformed, even "expert" lawyers are in these matters. I've been advised by several people to discuss my case with Mark Ellis and now that I'm expecting a NOIR letter in the next 10 weeks, I will definitely contact him. Its good to know that he is so familiar with this topic and has successfully handled cases like yours and now my own. Once again, I congratulate you and wish you both a long and happy life TOGETHER!

Dre

[babybunny 2]

This gives us encouragement...

[sunny_vn00 0]

Ok, I have been asked to start this topic here in this forum. Including myself (K1), there are many of us going through several consulates whose petitions have been sent back to the United States for review.

We need a central place to discuss this issue and help each other out...posts in other forums keeping dropping off.

I am hoping this topic will be "pinned" as it is a very serious issue that many of us are dealing with right now. I refuse to let this topic die! So, if this topic touches you personally as it does me...post here. If this topic interests you because you may face it going through Morocco or other consulates...post here.

My Story:

Like the story of so many others recently, I really thought we were denied when my fiance received this 221g...apparently this is a "soft" denial, not a "hard" denial. Our K1 petition was sent back to the United States for further review of the validity of relationship...basically the consular officer was not satisfied during my fiance's interview even though she refused to take ALL of our evidence into account to make a fair assessment.

I and my Senator fought and fought to get the consulate to look at all of our evidence of a valid relationship BEFORE they sent it back to the US and it did not work...all efforts here were fruitless.

The petition is being sent back and we have to wait for the USCIS to make a decision in our case. It will be about 6 months before I hear anything from the USCIS. This however does not mean I will sit still during this time...oh no, no, no. The USCIS office who initially processed AND approved my petition is receiving all of our proof that the consular officer refused to look at during the interview as well as proof of our ongoing relationship before they make that decision.

You can view the thread of posts regarding my case as these events transpired just after the interview:

K1 Visa Denied in Morocco

The Research:

Myself among others in the ME/NA forum have done extensive research in this area in attempt to help ourselves figure out WTH is going on with our petitions and how to fight this in the United States before actually being denied by the USCIS.

Here are links US Department of State website unclassified telegram communications to Consulates regarding the official process for returning "approved" K1 and K3 visa petitions back to the United States:

GUIDELINES AND CHANGES FOR RETURNING DHS / BCIS APPROVED IV AND NIV PETITIONS

GUIDANCE ON PETITION REVOCATIONS

9 FAM (Visas) - Section 40.0 of the Foriegn Affairs Manual Specific to revocation:

9 FAM 40.0

Poll:

General Poll I created in an attempt to gather basic information from other VJ users going through this issue:

221g Notification, Visa Petitions Sent Back to the United States

~Kiya~

WE WILL NEVER GIVE UP! OHIBOUK RAJLI...LHBIB DYALI

You have the right attitude, NEVER GIVE UP, Sorry to say you will have a longer wait then 6 months. Our petition was sent back to the service center that approved it was on September 2005, her interview was July 19, 2005 The petition will sit at the consulate until they decide to send it back to the NVC where it will sit until they send it to USCIS service center. The petition will sit there until they, USCIS, sends you a notice where you now have the opportunity to rebut the CO findings. If all goes well, USCIS will send you a letter that they have REAFFIRRMED the petition. USCIS will send it the Consulate (I think it goes back to NVC first) then on to the consulate, where it will sit until they schedule you a new interview date. We got blue sheeted again! At the second interview, where we waited about three more months… then, we finally got the K-1 visa last week.

Some of you may think to file a new K-1 or a new K-3 remember, "you are in the system" the results of your initial petition could haunt the new petition. Then all that time and money will have been wasted. I chose to stay the course and overturn the CO findings and get a reaffirmed petition. Remember, you can be blue sheeted again or green sheeted too or both (we were at the first interview) then blue sheeted at the second interview. Should your petition go to AR Admisistrative Review, then it can be up to one year before the CO can get to your petition. Should the CO not have the time to review your petition they can cancel your petition entirly. Then you have to start all over again… “this is very rare.”

I hope this information gave you some insight. again, this is my experence. I hope the process goes much faster for you folks who have had your petitions sent back.

Hang in there!

~Martindart~

Congratulation MArtin.

Thankyou for your sharing. I also have problem with my paper which was returned to USCIS last year. Last month they sent letter to me and said that my paper is being reviewed, they will notify me of any action they take on my case. I don't know how to do now. I'm looking for a lawyer who can help me to solve my problem, Could you recommend me to your lawyer?

I'm new on this site , I wish I could know this site before.

Good luck to everyone.

SID

[martindart 0]

Ok, I have been asked to start this topic here in this forum. Including myself (K1), there are many of us going through several consulates whose petitions have been sent back to the United States for review.

We need a central place to discuss this issue and help each other out...posts in other forums keeping dropping off.

I am hoping this topic will be "pinned" as it is a very serious issue that many of us are dealing with right now. I refuse to let this topic die! So, if this topic touches you personally as it does me...post here. If this topic interests you because you may face it going through Morocco or other consulates...post here.

My Story:

Like the story of so many others recently, I really thought we were denied when my fiance received this 221g...apparently this is a "soft" denial, not a "hard" denial. Our K1 petition was sent back to the United States for further review of the validity of relationship...basically the consular officer was not satisfied during my fiance's interview even though she refused to take ALL of our evidence into account to make a fair assessment.

I and my Senator fought and fought to get the consulate to look at all of our evidence of a valid relationship BEFORE they sent it back to the US and it did not work...all efforts here were fruitless.

The petition is being sent back and we have to wait for the USCIS to make a decision in our case. It will be about 6 months before I hear anything from the USCIS. This however does not mean I will sit still during this time...oh no, no, no. The USCIS office who initially processed AND approved my petition is receiving all of our proof that the consular officer refused to look at during the interview as well as proof of our ongoing relationship before they make that decision.

You can view the thread of posts regarding my case as these events transpired just after the interview:

K1 Visa Denied in Morocco

The Research:

Myself among others in the ME/NA forum have done extensive research in this area in attempt to help ourselves figure out WTH is going on with our petitions and how to fight this in the United States before actually being denied by the USCIS.

Here are links US Department of State website unclassified telegram communications to Consulates regarding the official process for returning "approved" K1 and K3 visa petitions back to the United States:

GUIDELINES AND CHANGES FOR RETURNING DHS / BCIS APPROVED IV AND NIV PETITIONS

GUIDANCE ON PETITION REVOCATIONS

9 FAM (Visas) - Section 40.0 of the Foriegn Affairs Manual Specific to revocation:

9 FAM 40.0

Poll:

General Poll I created in an attempt to gather basic information from other VJ users going through this issue:

221g Notification, Visa Petitions Sent Back to the United States

~Kiya~

WE WILL NEVER GIVE UP! OHIBOUK RAJLI...LHBIB DYALI

You have the right attitude, NEVER GIVE UP, Sorry to say you will have a longer wait then 6 months. Our petition was sent back to the service center that approved it was on September 2005, her interview was July 19, 2005 The petition will sit at the consulate until they decide to send it back to the NVC where it will sit until they send it to USCIS service center. The petition will sit there until they, USCIS, sends you a notice where you now have the opportunity to rebut the CO findings. If all goes well, USCIS will send you a letter that they have REAFFIRRMED the petition. USCIS will send it the Consulate (I think it goes back to NVC first) then on to the consulate, where it will sit until they schedule you a new interview date. We got blue sheeted again! At the second interview, where we waited about three more months… then, we finally got the K-1 visa last week.

Some of you may think to file a new K-1 or a new K-3 remember, "you are in the system" the results of your initial petition could haunt the new petition. Then all that time and money will have been wasted. I chose to stay the course and overturn the CO findings and get a reaffirmed petition. Remember, you can be blue sheeted again or green sheeted too or both (we were at the first interview) then blue sheeted at the second interview. Should your petition go to AR Admisistrative Review, then it can be up to one year before the CO can get to your petition. Should the CO not have the time to review your petition they can cancel your petition entirly. Then you have to start all over again… “this is very rare.”

I hope this information gave you some insight. again, this is my experence. I hope the process goes much faster for you folks who have had your petitions sent back.

Hang in there!

~Martindart~

Congratulation MArtin.

Thankyou for your sharing. I also have problem with my paper which was returned to USCIS last year. Last month they sent letter to me and said that my paper is being reviewed, they will notify me of any action they take on my case. I don't know how to do now. I'm looking for a lawyer who can help me to solve my problem, Could you recommend me to your lawyer?

I'm new on this site , I wish I could know this site before.

Good luck to everyone.

SID

SID,

Wait until USCIS sends you a letter requesting more information to show you have a true relationship. Better yet, collect documents, letters from friends stating they know about your relationship and your true intent to marry. get a petition going and have neighbors, family, friends and co-workers who know you and are willing to sign it with the truthful understanding you are in love and you do intent to marry this person within the 90 days of arrival. Then make copies and send originals to USCIS. one week later send them copies again.

Hang in there...

[Dave_Thao 0]

Here is what is happening to me when the consulate sent back our case.

My case was denied at HCMC 221g in October 2006. The consulate sent it back to NVC and they sent it to CSC. When I originally filed the I129-f , i sent it to NSC. Now CSC tells me they don't know why the case was sent to them and it should be sent to NSC but they never said they will send it to NSC. I am now working on having the case sent to Nebraska so I can rebut the consulars findings.

here is what CSC wrote:

We do have the case here at our office, although I'm not sure why we have it since the Nebraska Service Center adjudicated the I-129F Petition. We really should not review a Consulate return from a decision issued by another office. We really should send this back to the Nebraska Service Center.

Additionally, at this time, due to our limited resources, our office is not sending the Petitioner any further notification from an Embassy or Consulate return on I-129F Petitions since the validity period has already expired (4 months), and we will not revalidate the petition. There would be no further action for the USCIS to take since we would not be revoking an approval that already expired. For the most part, concerning I-129F Petitions, the Embassy or Consulate returns the case to the USCIS as cancelled since the visa was not issued during the authorized period. The Petitioner may file a new I-129F Petition.

I thought about accepting this answer and file a new I129-F petition but my attorney says it is the consulates policy to return "do-over" petitions when the original returned petition was never adjucated by USCIS. So I could be wasting a lot of time filing a new case and having it denied again because the old case was never officially resolved.

Martindart gives me hope that happy endings do exist!

[sunny_vn00 0]

Hi MArtin and Dave,

My case also was sent back to CSC while I filed my case in TSC, I also wonder why it been to CSC for futher review in stead of in TSC. And they have nothing for reviewing because all of our documents was sent back to my fiancee from US Consulate in HCM city when they decided to send my case back to US. LAst month CSC sent notice I-797 to me and told me that my case is being review but my senator told me that my case is expired. I don't know what happen and think why USCIS don't give someone a chance to rebut as what they say??? Do they tell lie??? Can I request to extend my case???

MArtin, how long did you receive notice from USCIS ask you to submit proof for review since your case sent back to US? Did they give you another number for review? I confused from what USCIs do.

Sid

[martindart 0]

Hi MArtin and Dave,

My case also was sent back to CSC while I filed my case in TSC, I also wonder why it been to CSC for futher review in stead of in TSC. And they have nothing for reviewing because all of our documents was sent back to my fiancee from US Consulate in HCM city when they decided to send my case back to US. LAst month CSC sent notice I-797 to me and told me that my case is being review but my senator told me that my case is expired. I don't know what happen and think why USCIS don't give someone a chance to rebut as what they say??? Do they tell lie??? Can I request to extend my case???

MArtin, how long did you receive notice from USCIS ask you to submit proof for review since your case sent back to US? Did they give you another number for review? I confused from what USCIs do.

Sid

Did either of you guys get a letter from the Vietnamese Embassy/Consulate in Washington D.C. of their intent to return your petitions? The Director of the Service Center that approved your petitions can revaladate your petitions due to passage of time. The Service Center that approved these petitions should have or will soon send you the CO notes listing the specific reason(s) why he or she denied the petition. Then you have the chance to rebut the CO findings. This is the path I went through...

Stay strong guys!

[morocco4ever 63]

I really wish they would pin this here, it is obvious that it happens to many of us.

Just to give you guys all some hope, my husbands initial interview was in Oct of 2005 where he was denied and it was sent back. This is a very lengthy process and you need to stay on top of it so that it doesn't fall between the cracks, but he had his second interview in Nov of 2006 and was approved. He has been here now for 5 wonderful months.

As I have stated in the MENA forum I don't believe they have anything more than suspicions of fraud so they send it back to see if you stand by it. One person was told that by the consulate that "you would be surprised at the amount of petitions that never come back to us". My question is this. Did it not come back because it was a fraud marriage to start or did the consulate break up a true marriage? Lets face it, you have to have a strong will and marriage to survive this.

Hugs to you all that are enduring this, my heart goes out to you.

[babybunny 2]

I was able to get extensive calling card records. I think this is the reason behind the revocation of our petition. I provided the records to the congressman and embassy. the congressman is working on trying to get something set up with the embassy now. I pray we get this turned around quickly.

[broma25 2]

I was able to get extensive calling card records. I think this is the reason behind the revocation of our petition. I provided the records to the congressman and embassy. the congressman is working on trying to get something set up with the embassy now. I pray we get this turned around quickly.

I hope so too....you two have been through so much for so long!

[sunny_vn00 0]

MArtin,

I don't have any letter from the Vnese Embassy/Consulate in Washing DC. How can you get that letter? CAn we use FOIA for know the reason Co denied the petition?

Hope you both are well and happy marriage.

SID