Returning Petitions to the United States via 221g

[chiquita 0]

Everbody suggests you find out first why your petition got returned in beginning. Call rep, send in privacy act notice. I would like to know kiya did you find out? Or did you reapply? Shoni did you find out? Morocco did you find out? or just guessed? Brnidokiegurl did you reapply too?

My question is, why do so many people on here that never had thier petitions returned suggest you find out what is the reason in first place why it was returned? They dont give you reason as far as I am concerned. You will be waiting for life time? What is wrong with reapplying?

hey there,

yes it is important that one find out why their case was returned. i can tell you what happened in most of the cases you ask about but they can also fill you in so i will tell you about my case.

as to your question---why do so many people on here that never had thier petitions returned suggest you find out what is the reason in first place why it was returned?

i can only assume they say that from what they have read. it is great advice even if they dont know it.

the reason for finding out why your case was returned is so you can prepare to fight it or if you filed a K 1 to address it in your new petition.

i am a bit behind----was your case returned? if so when? do you know the reason?

now on to suggestions---if your case was returned----do contact your state rep asap. yes you will have to sign a release for their assistance---fax it for faster service. then your rep can e mail the consulate making an inquiry to the status of your case. the key here is that the consulate usually gives your rep the reason your case was returned. sweet eh?

now you have some amo to use for either the NOIR to come and you can start preparing a response. if you filed a K 1 then you can address the reason for denial in a new petition along with the response your rep received.

we were denied a K 3 visa in march 05 due to the validity of our relationship. ha---the CO didnt bother to ask hubby for our proofs and hubby got side tracked when the CO said he needed more info from America. hubby thought i had forgot some paperwork. he did try to turn in our proofs when he turned in the paperwork but was told to hold onto it.

so many show up for interviews with no proofs to establish a valid relationship which is a requirement so i can only guess the CO thought my husband was one of those who do this. he had all of it in his breifcase. my husband didnt even know he was denied until he called me and he read the letter to me. talk about shock!!!

there is a lot more to our case but it is rather long. the short is i called the consulate to ask why my husband was not allowed to show his proofs to establish we have a valid relationship and they did call him to bring his proof but then changed their minds. i received the NOIR 6 months later and overcame the lies of the CO. in the NOIR is the case laws they use to try and prove you are not a valid couple. i was prepared for this.

it is my opinion that any valid couple can overcome a NOIR. all it takes is a lot of time and work to prepare and your proofs. no invalid couple will take the time or effort to do this. they will try an other route or none at all.

our time line is as follows>>>

we met on line in may 03, i went to meet him in person dec 03. i returned to marry him him april 04. i filed our petitions in may and june 04. we were denied in april 05, received the NOIR in oct 05, received the news that i won in dec 05 and our case was resent to NVC in jan 06. we didnt get a new interview date until may 06. i was there and was invited to speak to the CO during the interview. she profusely appologized for what we went through. we went in to AP for 3 months and my husband finally arrived in aug 06.

if i can help you in any way please just ask.

chi

[Arcely 0]

Everbody suggests you find out first why your petition got returned in beginning. Call rep, send in privacy act notice. I would like to know kiya did you find out? Or did you reapply? Shoni did you find out? Morocco did you find out? or just guessed? Brnidokiegurl did you reapply too?

My question is, why do so many people on here that never had thier petitions returned suggest you find out what is the reason in first place why it was returned? They dont give you reason as far as I am concerned. You will be waiting for life time? What is wrong with reapplying?

hey there,

yes it is important that one find out why their case was returned. i can tell you what happened in most of the cases you ask about but they can also fill you in so i will tell you about my case.

as to your question---why do so many people on here that never had thier petitions returned suggest you find out what is the reason in first place why it was returned?

i can only assume they say that from what they have read. it is great advice even if they dont know it.

the reason for finding out why your case was returned is so you can prepare to fight it or if you filed a K 1 to address it in your new petition.

i am a bit behind----was your case returned? if so when? do you know the reason?

now on to suggestions---if your case was returned----do contact your state rep asap. yes you will have to sign a release for their assistance---fax it for faster service. then your rep can e mail the consulate making an inquiry to the status of your case. the key here is that the consulate usually gives your rep the reason your case was returned. sweet eh?

now you have some amo to use for either the NOIR to come and you can start preparing a response. if you filed a K 1 then you can address the reason for denial in a new petition along with the response your rep received.

we were denied a K 3 visa in march 05 due to the validity of our relationship. ha---the CO didnt bother to ask hubby for our proofs and hubby got side tracked when the CO said he needed more info from America. hubby thought i had forgot some paperwork. he did try to turn in our proofs when he turned in the paperwork but was told to hold onto it.

so many show up for interviews with no proofs to establish a valid relationship which is a requirement so i can only guess the CO thought my husband was one of those who do this. he had all of it in his breifcase. my husband didnt even know he was denied until he called me and he read the letter to me. talk about shock!!!

there is a lot more to our case but it is rather long. the short is i called the consulate to ask why my husband was not allowed to show his proofs to establish we have a valid relationship and they did call him to bring his proof but then changed their minds. i received the NOIR 6 months later and overcame the lies of the CO. in the NOIR is the case laws they use to try and prove you are not a valid couple. i was prepared for this.

it is my opinion that any valid couple can overcome a NOIR. all it takes is a lot of time and work to prepare and your proofs. no invalid couple will take the time or effort to do this. they will try an other route or none at all.

our time line is as follows>>>

we met on line in may 03, i went to meet him in person dec 03. i returned to marry him him april 04. i filed our petitions in may and june 04. we were denied in april 05, received the NOIR in oct 05, received the news that i won in dec 05 and our case was resent to NVC in jan 06. we didnt get a new interview date until may 06. i was there and was invited to speak to the CO during the interview. she profusely appologized for what we went through. we went in to AP for 3 months and my husband finally arrived in aug 06.

if i can help you in any way please just ask.

chi

Hola....tengo visa K1....y me paso lo mismo que a ustedes.......mi caso fue devuelto...ahora estamos en espera de la tal famosa carta.......hemos llamado al DOS, pero han dicho que demora 90 dias, y mi entrevista fue el 15 de julio... la estupida de la consul nos nego la visa.....ni siquiera se tomo la molestia de mirar las evidencias que llevabamos con mi prometido

He buscado mucho sobre esta seccion y me dicen lo mismo que lei...que puede demorar desde 6 meses hasta años.

Chiquita....le agradezco por la orientacion que me pueda dar.

Gracias

[Ehis 0]

I am in total agrement; foreign consulates does these types of things with impunity. I do think we need a separate forum

I am protesting...I want this issue pinned!

Petitions Returned to the United States

More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.

I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????

~Kiya~

[Sino's Suga 0]

His interview was september 25

we did not get sent back to US we got denied and told we will get a second interview.

The short dark haired white faced woman with glasses refused to look at the small pile my habibi had with him.

she wouldn't look at anything told him he does not qualify (with no reason) for a visa and asked if he has any emails

he gave her one book (lots of printing!!) of chats (just a sample of 2 days per month for 2 years) and one book of emails (sample too)

when he tried to give her the book of handwritten letters and cards she said i dont want to see those.

she didn't look at pictures she didn't look at the support letters my family wrote

she kept the emails and chats and said they will schedule a second interview.

the 221g she gave said he was denied but they will review the documentation he provided and contact him for second interview when their review is complete.

she didn't even look.

i don't understand how they can lawfully do that. seems to just depend on whatever mood they are in that day.

[morocco4ever 63]

That is a bit confusing. Why would they say he wasn't qualified, then not deny? Strange response, but at least they are going to review the evidence.

Edited September 28, 2008 by morocco4ever

[S and S 12]

That is a bit confusing. Why would they say he wasn't qualified, then not deny? Strange response, but at least they are going to review the evidence.

I read somewhere on this site that the embassy used those emails in order to try and catch the spouse or fiance and see if they talk to other women. I guess a guy got caught that way because someone at the embassy posed as a woman and was flirting with the guy. They used it as evidence against him. They got his email address and chat IDs from the evidence he provided at the interview. I don't know if that is the case this time, but you never know. I could have sworn it was the Morroccan embassy in that case too. Maybe once they can't "catch" him doing anything wrong then they will give him his visa (inshallah).

[morocco4ever 63]

That is a bit confusing. Why would they say he wasn't qualified, then not deny? Strange response, but at least they are going to review the evidence.

I read somewhere on this site that the embassy used those emails in order to try and catch the spouse or fiance and see if they talk to other women. I guess a guy got caught that way because someone at the embassy posed as a woman and was flirting with the guy. They used it as evidence against him. They got his email address and chat IDs from the evidence he provided at the interview. I don't know if that is the case this time, but you never know. I could have sworn it was the Morroccan embassy in that case too. Maybe once they can't "catch" him doing anything wrong then they will give him his visa (inshallah).

I have never heard that. But IMO good for them! Did you hear it on VJ?

[indianheart 2]

Here I am just one more returned case to USCIS and not from morocco. I contacted my senator and congressmen way back when we were put into AP and when I returned from India with the news that the case was being returned (after the CO was very rude and hostile with me) I had them do another inquirey not relizing that I could actually fight this and try to keep it in the consulate. It seems a I am always a little behind on getting the information. I didnt even know about AP untill the interview and we were in it.

I am consulting with an attorney tomorrow in hopes of getting some help, I just cant (wont)take any more risk with getting my husband here with me. I am also looking into working in canada and having him join me there on a family visa. I have one advantage, I am a registered nurse and I can work almost anywhere. I know that it will be our second wedding anniversary before he gets his visa (one advatage to this, no removal of conditions) so the cr-1 goes to an IR-1. Have to look at the bright side when ever possible.

[morocco4ever 63]

Here I am just one more returned case to USCIS and not from morocco. I contacted my senator and congressmen way back when we were put into AP and when I returned from India with the news that the case was being returned (after the CO was very rude and hostile with me) I had them do another inquirey not relizing that I could actually fight this and try to keep it in the consulate. It seems a I am always a little behind on getting the information. I didnt even know about AP untill the interview and we were in it.

I am consulting with an attorney tomorrow in hopes of getting some help, I just cant (wont)take any more risk with getting my husband here with me. I am also looking into working in canada and having him join me there on a family visa. I have one advantage, I am a registered nurse and I can work almost anywhere. I know that it will be our second wedding anniversary before he gets his visa (one advatage to this, no removal of conditions) so the cr-1 goes to an IR-1. Have to look at the bright side when ever possible.

I'm sorry to hear about your return. It is a horrible thing to go through. This thread has a lot of the information that you will need to prepare for the NOID, so study it well. It sounds as if it has already gone back to the Service Center. Have you received a letter from the USCIS stating that they have received it?

[indianheart 2]

only confirmation from DOS operator, that was nov 19th. My husband got a letter on the 18th(or visa versa). I have checked the USCIS web site and nothing as yet from the update page, still showing the date the case was completed and sent to NVC. I think there is a little time yet before it reaches USCIS. I am talking with attorney today and hopefully he will be good and see the need to do something beside take my money. I am interviewing him as much as he is interviewing the case. so far I know he has 7 years exerience in immigration law. sound like a good number???

[morocco4ever 63]

only confirmation from DOS operator, that was nov 19th. My husband got a letter on the 18th(or visa versa). I have checked the USCIS web site and nothing as yet from the update page, still showing the date the case was completed and sent to NVC. I think there is a little time yet before it reaches USCIS. I am talking with attorney today and hopefully he will be good and see the need to do something beside take my money. I am interviewing him as much as he is interviewing the case. so far I know he has 7 years exerience in immigration law. sound like a good number???

What did the DOS say? Have you called the USCIS? As for the lawyer, you need to be very careful. There are plenty of immigration lawyers, but very few have experience in returned petitions, although they will tell you they do.

There is another lawyer that I know of that has extensive knowledge on returned petitions. He is fair as well. If you would like I could try to locate his information for you.

Also, do you have the number of the diplomatic pouch that the consulate sent the petition back in? It is possible to track it with that number.

[indianheart 2]

the lawyer I spoke to today is a member of AILA and has done these cases before (as he said unfortunately), but at this point he gave me confidence in trying to deal with some of this on my own. he said to send as much additional proof to USCIS ASAP because they dont like to have split cases and they will request the case even if the pouch is not full (I dont have the number yet but will try to get it after the holiday). I am compiling all I can of chat logs, phone logs, and picture albums for 3 years of visits to my husband and pics with his family, statments from his family, and I hope to fill a small box with evidence. he said not only do they not like split cases but if it is a large amount of evidence they cant ignore it and will work on it sooner. this attorney also said even if I didnt retain him I could call him and meet with him for advice for the same consult fee I paid today (he was sympathetic to our case, and maybe a little impressed with the work I had done so far on our case, he gave a 1/2 price quote on the fee because I had done most of it). he also thought moving to canada and having my husband follow would be a good idea, we may be able to request having the case moved there if it is reaffirmed, and it would show my husband isnt just wanting a green card but wants to be with me.

he said the consulate was really out of line in sending this back (of course I agree).

[morocco4ever 63]

I had a lawyer suggest that I send them all of my proof, so I did. They threw it away. They told me that they will not accept any evidence from me until they issued the NOID. I am not sure what he means by a split case however. Is he talking about the K3 and the CR1?

BTW, I did consult with not just that lawyer, but the one I was talking about. The one with more knowledge told me that I had a strong case, and all he could do was to organize the papers. I can do that myself, so I opted to do it myself. We won.

Do you know when they sent it back? Do you know what it is that they suspect? Did it state anything on the 221g they gave you when they sent it back?

[indianheart 2]

did you send photo albums?

[morocco4ever 63]

did you send photo albums?

Yes. Luckily I had extra copies. They tossed the first set I sent them, but we got back my entire file I sent to dispute the NOIR.