221g Notification

[chiquita 0]

This is what I found in the "Marriage & Fiance Visa Guide" (page 15/11), Attorney Ilona Gray (nolo.com)

"Denial of Fiance Visa at US consulate:

If you are applying for a fiance visa through a consulate overseas, you have no appeal after a denial. The consulate is at least required to tell you the reason for denial, and often the fastest thing is to fix the problem and re-apply. If the issue was whether you truly intended to get married, it might be wise to marry in your home country and work on gathering evidence that your marriage is the reaL thing before you apply for an immigrant visa"

The author also suggests to hire an immigration attorney immediately after a denial. Have you contacted one? It will certainly be very helful. Try. Perhaps it will work?

My advise to your letter: don't use too many negative connotations, or blame the authorities for their total inepty. After all, the CO still has the power to help you.

God Bless

A petition being sent back to the US is not a "denial." The file is being sent back for 'review'...and yes, I have spoken to 4 attorneys. I will hire one in the next 3 months for when I get the notice from the government and will have legal representation ready for when I respond, I will only have 30 days to do so. I have the right to rebut their finding what ever it is and prove otherwise...period.

Only after a rebuttal is found "not satisfactory" by the BSCIS will a petition be officially denied. You have to start over with a new petition and ALL evidence from the first petition WILL be used for the next petition regardless of visa class i.e. K1/K3/CR1/DCF, etc.

Information coming from an attorney website like this is not always helpful and can be very misleading. My brother-in-law found one site that suggested the K1 is harder than the K3 which is always a guarantee of immigration to this country...and without an attorney's help you are basically leaving yourself open to the government abusing you. This is obviously a ridiculous scare tactic into hiring an attorney to start a visa petition. He sent it to me to get my opinion...and boy did I give it, LOL.

Any information coming from an attorney like this should be "case specific" as details in each case are different. All of the attorneys I spoke to had to know details of my case before giving me any kind of helpful information or advice...and all said the same thing to me. I am doing right now what they would be doing by contacting the consulate, my senator, etc. Until I receive that notice, there is nothing else an attorney can do for me. Then the only thing they can do is represent me in my rebuttal.

As for all communications I have sent to the consulate, my Senator, etc...have all been extremely professional, analytical and well thought out before implementation. I am used to writing to and for many levels of authority figures from many different cultures around the world...it is part of what I do for a living.

I really appreciate everything everyone is sharing and all support that has been provided here. We will get through this regardless of the outcome of this petition.

~Kiya

Kiya,

Once your senator gets a response as to the reason your file was returned, you can work on the evidence needed to overcome the NOID. I would not wait until you actually get the NOID. The consulate will give senators and congressman the reason your file was returned.

Now as to the wording we are using here. Technically speaking the CO must make a decision on whether to approve or deny the petition on the day of the interview. The CO must do this. (I have the rules to prove it) So in returning the file to BCIS it is a denial for a visa. I know McKeever was clever in his wording, but let's understand the reality of the situation. Our men did NOT get a visa on the day of their interview. In essence they were denied. According to 221g "they do not meet the requirements" to have a visa issued. In my mind we were "denied". It will then be up to me to "prove the CO wrong" when i receive the NOID letter to overcome his denial. If I fail at that then the BCIS will revoke my petition. It is at that time I can reapply or file an appeal with the appeals unit.

Let me also say that this is a very emotional time for all of us that are going through this. I for one never dreamed i would go this this as I was so sure I covered every aspect when I filed my petitions. I now know that I did nothing wrong. It was the CO who did not do his job. He also played word games with my husband by saying "I need more information from America"' Why not be truthfull and do his job properly and ask "do you have proof of the relationship?" Another issue is they are to throughly explain the reason for the 221g and then tell the person what they need to overcome the 221g. This does not happen!! They ask every other question, even those questions that should be out of bounds for them to ask. These CO's know what they are doing when they return our petitions. Mc Keever also knows. Why the lies?? Why did McKeever play word games with you? I believe they are doing it because they can, no one has stopped them. They are so to speak, an island to themselves.

The bottom line is you will find the reason for the return of your petition once they respond to your senator. (Did they send an e mail or snail mail to the consulate?) Usally the consulate responds in a few days. Then you can build your case to have BCIS reaffim your petition. For one, the consulate doesnt even return your petition, they just send the letter. I have all that info too.

It has been 11 months since my husband's interview and I have time to contemplate and reflect on all that has happened and I know with out a doubt we did nothing in error. It is my opinion that this consulate is in many violations of federal rules and laws. Now how can we get it fixed? My husband will be here soon. I know many will go off and live their wonderful lives once that happens, but I don't want other couples to go through what I have so I want to get this situation changed!!

I hope I can help anyone who finds themself in this black hole called immigration!

[babybunny 2]

Hi..

I thought I would bring this POLL from the DEAD. so it can be updated by those currently facing 221g

[morocco4ever 63]

Shon...whats this? Your back on AR? OMG...what is going on?????

[paisita411 0]

I just want to thank everyone who has taken the time to document their Journey for those of us going through NOID/NOIR. I'm reading each posting very carefully and following in your footsteps in hope of ending this nightmare as soon as possible.

And I just want to say for the record that I've loved this country as much as my native homeland. I was born in Colombia, but raised in the US since age 5. I didn't choose to come here, my parents brought me and I've thanked God many times for their choice. I defend this nation, its laws and its people tooth and nail whenever anyone speaks badly of it, including MANY born Americans. I would still die for the freedoms we enjoy and if one of my children ever chooses to serve this country in the armed services, it would make me the PROUDEST mother in the world. BUT. all that said, I'm devestated by the treatment that my husband and I have recieved in the hands of immigration and appaled at how often this is happening to other WOMEN. Some of the reasons we suspect for our soft denials (I see that no one has any detailed reasons), are just good ole double standards. Age differences and financial support are NEVER questioned when its MALE USCs. I KNOW that the CO in Bogota denied us because of our age difference. We had pleanty of evidence with us and she chose to ignore it. And all these regulations about SPEEDY processing are bogus!!!! We shouldn't have to wait 12 months for a review. Criminals get faster hearings! We are just FAMILIES that wish to carry on with our lives next to the person we love. Why can't they give us a chance to state our case in a timely manner and expedite the process once the case is reaffirmed!!!

Anyway. Thats my vent for today. Thank you all for your courage.

[Kathy m 0]

My fiance had his interview in Casa in Dec 13 2006. I have still not gotten any official letter from uscis. I have called there regularly and gotten no answer. All i know is from an Email from Casa answering an email i sent them for information. They told me nothing other than i should call California center. It is March 11, 2007 and i still have no info.