Returning Petitions to the United States via 221g

[morocco4ever 63]

We submitted a FOIA and their response was that they can't give the reasons for a denial, that itis confidential. We had enough suspicions of what the reasons for our return was, but the NOID didn't address it, rather it stated basic reasons that would apply to the majority of the applicants. In our rebuttal I covered what was stated on the NOID as the reason, but I went further and addressed everything, including the main reason. I believe I was correct in my assumption because their were notations on the file in the section that addressed what I suspected, but wasn't specified on the NOID.

BTW, we have gone through the entire process, and my husband was finally awarded a visa. There a a handful of others that have overcome this as well. If you relationship is real and you can stick through this nightmare you can overcome it.

Now that I think of it I don't think Kiyah ever knew that exact reason for her return but she overcame it just recently.

[chiquita 0]

Has anybody had success ,addressing the red flags, in thier original petition and got approved? If not, how did you find out why petition was sent back? Or did you? I heard FOIA is worthless. You send it in and it takes a year to get results with no answer. So how do you find out why they denied at consulate leveL? Would really like to know.

i did address our red flag---age--in the original petition but was denied anyway.

i never found out the real reason our case was returned other than the blanket response "due to the validity of the relationship" was all that was given to Senator Levin's staff.

i didnt bother with a FOIA--i was way to naive back then. i thought it would be resolved quickly and my husband would be here in no time.

the NOIR was non specific. it said "it appears he is NOT eligible based on this law and that law". nothing concrete was in the NOIR. it said i had 30 days to respond. i did. i addressed their quoted law and more. Marc was generous in giving me the one little section of immigration law that most likely cinched it---that the CO must inform the couple WHY they cant have that visa!

now let me tell you what i think happened and why we were denied. it was about noon by the time my husband was called upon. the CO asked like 5 questions and said he needed more info from America. my husband thought i must have missed something. so he accepted it. husband asked how long it would take, CO said less than 3 months. husband hops on train and calls me when he gets home. it is a days journey to get home. i find out the next day what happened. i was so upset.

20/20 hindsight---the CO never asked for the proof we had assembled to establish we had a valid relationship as required. husband was side tracked by the CO stating he needed more information. bottom line---CO failed to ask husband for proof---husband had it in briefcase---CO must have thought he was an idiot and came to interview with no proof and returned our case.

there is so much more i could surmise but i wont. i have since learned so much since then. there is no way one will ever know the WHY unless it is found out by accident as has happened to one couple. so there is no need to put all the effort in that area. the effort after a denial needs to go into providing the proof that your relationship is indeed a valid one. real relationships cannot endure this return process. it is so tough on valid ones -- i cant even imagine a fake one lasting.

my husband is here with me now and each day is brand new for us. we take nothing for granted. i hear from couples who cant believe their rights have been violated. no rights have been violated. i am asked where is the family unification? how can a CO keep a family apart? i dont have the answers. i only know that if the couple love each other and are willing to fight to be together---then one day they will be on American soil. real couples suffer for a few who try to come to America illegally. this is why some have a longer time to wait. its called FRAUD. it will never stop. i appreciate the jobs CO have. i just dont agree with some of their tactics. on the day of my husbands second interview the CO apologized profusely for all that we had been through. it was greatly appreciated to hear those words.

chi

[rct 0]

Hey everyone my name is Carolyn you can count me in , I know just how you feel, we got the lovely 221g when we did ours and then our papers just set and exspired and the woman at the consulante never wanted to see proof that My husband then had , now we are married and we did that this last summer , I was beyond angry before and got no where, they never asked for anything it just sat there n matter how many times I called . so you can count on my support.

Carolyn

[chiquita 0]

Hey everyone my name is Carolyn you can count me in , I know just how you feel, we got the lovely 221g when we did ours and then our papers just set and exspired and the woman at the consulante never wanted to see proof that My husband then had , now we are married and we did that this last summer , I was beyond angry before and got no where, they never asked for anything it just sat there n matter how many times I called . so you can count on my support.

Carolyn

hi Carolyn

can you give us a status of your case?

chi

[AustinnPawerss 0]

Folks Count me as well, my vote is with you

Hi folks, last week they again called me for the interview and after interogating me almost 30 minutes they refused my case and said that they are going to send my case back to USCIS and also got all my submitted evidence and documents back along with the same horrible blue sheet 221(g) mentioned reason "Recomandation revokation" something like this.

They asked me again lots of personal questions yes no doubt few of them I missed but I answered most of questions.

Anyway can anybody guide me what to do next, can my wife file a new case or it is over...? what to do ....

I dont know what type of evidence they require, she said, all the emails you provided to us is one sent by your wife to you, there is not email evidence you sent to her when I said that we never send to many mails to each other and specially I never keep the history in my mail box and when ever I need to talk to her I dont send her mail, I always a phone call and have some chat, I gave them my telephone bills. I gave them what ever I had to prove that our relationship is real.

She asked me my wife's previous husbands COMPLETE NAMES their date of births and how long she married with them( I mean these types of questions are really really beyond the case, why should one will know his/her privious life may be he/she is not interested what ever has happenend before)

anyway the above questions were just few of those horrible quesitons I have been asked.

I mean I am in a big mess, upset as well dont know what to do...

One of friend suggested me to apply for K3 again any other suggestions please welcome....

GOOD LUCK TO YOu...

[morocco4ever 63]

Folks Count me as well, my vote is with you

Hi folks, last week they again called me for the interview and after interogating me almost 30 minutes they refused my case and said that they are going to send my case back to USCIS and also got all my submitted evidence and documents back along with the same horrible blue sheet 221(g) mentioned reason "Recomandation revokation" something like this.

They asked me again lots of personal questions yes no doubt few of them I missed but I answered most of questions.

Anyway can anybody guide me what to do next, can my wife file a new case or it is over...? what to do ....

I dont know what type of evidence they require, she said, all the emails you provided to us is one sent by your wife to you, there is not email evidence you sent to her when I said that we never send to many mails to each other and specially I never keep the history in my mail box and when ever I need to talk to her I dont send her mail, I always a phone call and have some chat, I gave them my telephone bills. I gave them what ever I had to prove that our relationship is real.

She asked me my wife's previous husbands COMPLETE NAMES their date of births and how long she married with them( I mean these types of questions are really really beyond the case, why should one will know his/her privious life may be he/she is not interested what ever has happenend before)

anyway the above questions were just few of those horrible quesitons I have been asked.

I mean I am in a big mess, upset as well dont know what to do...

One of friend suggested me to apply for K3 again any other suggestions please welcome....

GOOD LUCK TO YOu...

There is no point in refiling for the K-3 you still have the CR1, and right now they have a fraud marker against you. They will not issue a visa until this is resolved. This interview was for the CR1, correct? It sounds to me like you had no evidence of a real relationship. You didn't save any history? Why would they believe you? You need to place yourself in their shoes. If you had a case that you had to decide on, and the couple can't even prove they talk to each other often, would you believe them? This is the reason they asked you questions that you could not answer. They just plain don't believe you. You must understand, the consulate isn't trying to prove that your relationship is real, they are trying to prove that it isn't real. You must keep that in mind, and make sure you are prepared to show it is real.

Your not totally lost, but you had better get busy and start saving your history NOW! This will go back to the USCIS and they will send you (after several months) a Notice of Intent to Revoke. Your wife will need to respond. At that point she had better have tons of evidence of a valid relationship or they will revoke the petition. Just plan on another year or more, it isn't quick or easy.

[liberal 0]

hi Kiya... i would like to be the part of this...

[AustinnPawerss 0]

There is no point in refiling for the K-3 you still have the CR1, and right now they have a fraud marker against you. They will not issue a visa until this is resolved. This interview was for the CR1, correct? It sounds to me like you had no evidence of a real relationship. You didn't save any history? Why would they believe you? You need to place yourself in their shoes. If you had a case that you had to decide on, and the couple can't even prove they talk to each other often, would you believe them? This is the reason they asked you questions that you could not answer. They just plain don't believe you. You must understand, the consulate isn't trying to prove that your relationship is real, they are trying to prove that it isn't real. You must keep that in mind, and make sure you are prepared to show it is real.

Your not totally lost, but you had better get busy and start saving your history NOW! This will go back to the USCIS and they will send you (after several months) a Notice of Intent to Revoke. Your wife will need to respond. At that point she had better have tons of evidence of a valid relationship or they will revoke the petition. Just plan on another year or more, it isn't quick or easy.

Thankx alot morocco for the reply, I have provided every single thing I had, EMAILS, PHONE BILLS, PHOTOS, MSN CHAT, now I dont have anything else to prove...I dont know what else they want to know.

Anayway...you are right that there is no need to start another K3, I will wait and will see where this will endup....

Thankx alot....

[depre 0]

Shon here is my issue:

Interview- 7-21-05 given 221g

Request for letters he wrote to me- 8-18-05- they were given to CO

Petition sent diplomatic pouch to nvc - 10-21-05

Petition left nvc for vermont - 11-21-05

Congressman doyle office inguired about it and emailed me 01-06-06

According to online case status petition touched-01-09-06

Karen H.

Yes, myl hubbie an I have been waiting for over a year now........................

[booboo2 0]

hello

i think my interview is gonna be in a couple of months so is there any advice for me plz my wife already talked to her congressman office and they told her that they are gonna write the embassy before the day of the interveiw stating that i am welcome there in usa and that there is no reason for denial so i need your ideas about this

[morocco4ever 63]

hello

i think my interview is gonna be in a couple of months so is there any advice for me plz my wife already talked to her congressman office and they told her that they are gonna write the embassy before the day of the interveiw stating that i am welcome there in usa and that there is no reason for denial so i need your ideas about this

That is a beautiful picture, you two make a darling couple.

The advice I would give is to make sure you know your wife well. Take plenty of pictures and proof that you have a valid and ongoing relationship. Be honest about everything. Respect and be kind to the interviewer. Make sure you know any and all of your red flags and be prepared to answer questions and give them any physical proof that you can on your answers.

Good luck!

[booboo2 0]

hi and thank you for your advice i have prooves of engoing relationship and ofcourse i know everything about my wife her family and his father is the joint sponsor so do you think that will would be an advantage and what about the congressman help it is good they are gonna contact the embassy before the interview ?

[morocco4ever 63]

hi and thank you for your advice i have prooves of engoing relationship and ofcourse i know everything about my wife her family and his father is the joint sponsor so do you think that will would be an advantage and what about the congressman help it is good they are gonna contact the embassy before the interview ?

The congressman in ways is helpful, in that they know that you have support and that they must be careful not to deny based on anything frivolous. But they can not guarantee an approval. If they find a reason to deny it they will. Just be confident, friendly, and respectful.

[Sandrila 1]

I agree we need to get this pinned.

ADD ME ON THE LIST!!

ANYTHING TO STOP THE IMMIGRATION INJUSTICES!

THANKS TO ALL FOR ALL YOUR HELPFUL INFORMATION

WE GOT TO STICK TOGETHER!

[Imgone 0]

OK it's been a long time since i have posted anything. Well my petition was sent back last year in October. I called this week and the lady took my info and submitted a customer service inquiry. Today i got and email and this is what it said.

"Type of service requested:

-- Outside Normal Processing Times

The status of this service request is:

Since the date we received your request, we have approved your I-129F case and an approval notice was sent on 04/19/2008 to the address we have on file. If you do not receive the notice within 30 days, and you want an official duplicate for your records, you will need to file a Form I-824 Application for Action on an Approved Application or Petition. You can download this form by visiting our website at www.uscis.gov.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

Please remember: By law, every person who is not a U.S. citizen and who is over the age of 14 must also notify the Department of Homeland Security within 10 days from when they move (persons in "A" or "G" nonimmigrant status are exempt from this requirement). If you have moved, please complete a Form AR-11 and mail it to the address shown on that form. If you do not have this form, you can download it from our website or you can call the National Customer Service Center at 1-800-375-5283 and we can order one for you. If you move, please call us with your new address information as soon as your move is complete. If you have already called us and given us this information, you do not need to call again.

I called them and the lady told me well if you received and email saying it's approved then it will be sent back to the department of state. Well when i check my on line case status it shows an update or touch as of January 11 2008 but still says under review.

I don't know what to think but at least this gives me hope.

Edited April 26, 2008 by Ninetok