Returning Petitions to the United States via 221g

[indianheart 2]

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.

I dont understand, they through out your photos and evidence but sent back what file?

[morocco4ever 63]

Sorry, I guess I should have explained better.

My husbands first interview was in Aug of 05. When our petition was sent back I had a lawyer advise me to send in all of our information to the USCIS. The USCIS sent us notification that they had our petiton in Dec of 05, but this was not a request for additional information, just a notification. This is when I sent all of our evidence to them the first time. They threw it away and sent us a letter that stated that they would not accept anything from us until they requested more information. I went to see a different lawyer, and they suggested that we send in a request for a FOIA (freedom of Information Act). We gave her $500.00. And she sent it in. I knew nothing at the time, so when she sent it to the USCIS I didn't think much about it. It turns out that the proper department would have been the Department of State. I filed my own FOIA to the department of State after I found out. This is why I suggest you get a knowledgeable lawyer. I wasted a lot of money, and it could have turned out worse if I had gone further with her. Unfortunately both of the FOIA's to the USCIS and the Department of State was a waste of time and money. It took them over a year to respond, and both responses was that they were not allowed to release information on returned cases.

In Aug of 06 we finally got what is called an NOIR (Notice of Intent to Revoke). This is the official request for information, and our only chance to prove our case. They gave us 30 days to send in information that they would review. So I sent in everything for a second time. This time it was accepted. Within a couple of weeks upon receiving our information they reaffirmed our file. They sent it back to the consulate and the consulate gave my husband a second interview. At the second interview they had the entire file I sent to the USCIS. This is the file they gave back to us.

He got the visa in Dec of 06. It took an additional 15 months from his first interview. This is actually considered fast.

This is a very time consuming process. The key is to read through the guidelines in this thread. If you do get a lawyer, get one that is truly experienced, not one that claims to be. If the lawyer you had talked to had any experience with returned petitions they would have know that sending your information in before they requested it would only be a waste of time and money.

[indianheart 2]

this attorney said he was a member of AILA, and what he said about USCIS not liking split cases had to do with part in one place and part in another. He said that if they got the new evidence that they would request that the pouch with our case in it be sent immediatly so this would speed the process. I have not yet retained him but he said I could feel free to contact him any time for advice. this way I wont be out a bunch of money (yet) and if I do send this further evidence early (all copies, photos in inexpensive albums, I always have the originals) all I will lose is a little money putting this together and the postage. If they do toss it I can put it all back together again. I think it is worth taking the chance if it truly helps speed this mess along. at least I know what the risk is by doing this.

the attorney also if it looks as though they revoke it is not worth the money to appeal it, I should cancel it before it is revoked and start fresh, this way there is no visa denial on his record. I am looking very seriously to moving to canada and bring my husband there too, already talked with employers up there that said this would not be hard at all. This would prove that he wasnt marrying me for a green card. with our economy being so bad here Canada may not be such a bad thing.

[morocco4ever 63]

this attorney said he was a member of AILA, and what he said about USCIS not liking split cases had to do with part in one place and part in another. He said that if they got the new evidence that they would request that the pouch with our case in it be sent immediatly so this would speed the process. I have not yet retained him but he said I could feel free to contact him any time for advice. this way I wont be out a bunch of money (yet) and if I do send this further evidence early (all copies, photos in inexpensive albums, I always have the originals) all I will lose is a little money putting this together and the postage. If they do toss it I can put it all back together again. I think it is worth taking the chance if it truly helps speed this mess along. at least I know what the risk is by doing this.

the attorney also if it looks as though they revoke it is not worth the money to appeal it, I should cancel it before it is revoked and start fresh, this way there is no visa denial on his record. I am looking very seriously to moving to canada and bring my husband there too, already talked with employers up there that said this would not be hard at all. This would prove that he wasnt marrying me for a green card. with our economy being so bad here Canada may not be such a bad thing.

He already has a denial on his record. When these are sent back it is sent to Washington, then they forward it to the NVC. They put a "fraud marker" on the case, and then they forward it to the service center that had originally approved it. If you cancel this and start over it will be approved at the USCIS, but when it gets to the consulate they already have record of the previous denial, and unless you have proof other than what was presented in the first interview they will simply deny it again. Beside, you aren't at the appeal level yet. That would only be necessary if they revoke the petition.

You can do what you want, but I have to tell you that I am not impressed at all with what your lawyer has said. I have learned a lot about this process, and I see holes in what he is saying. There are some articles by a lawyer about the return process. This one addresses the K-1 visa, but it applies as well to the CR1. A big difference is that the K-1 and the K-3 can expire. The CR1 does not.

http://www.ilw.com/articles/2006,0323-ellis.shtm

As for going to Canada, if this is something permanent it isn't such a bad idea. But I would certainly not drop the ball on this returned petition. If they send out the NOIR and you don't respond you will be in a difficult situation if you ever want you and your husband to live here in the US.

[indianheart 2]

I have a residence here in the USA and always will, there will be no problem with me getting notices sent by USCIS in order for me to respond because I have family that will notify me just like they did when I worked as a traveling RN. I am not dropping the ball on this and will never give up on being with my husband. Some people get lucky with the officer they get at the interview and if our case was approved by USCIS the first time I think they might take offense at the consulate returning it with no proof of wrong doing especially when we can give them a mountain of further evidence. If we move to Canada there is always a chance at getting this case moved out of India and him getting an interview in Canada. Some riskes are worth takeing.

[Remthawe10 0]

Dear friends ...

i just received by my wife a letter from Chicago ,IL telling ...

the processing in your case has been delayed , Acheck of our records establishes that your case is not ready for decision , As requird investigation into your background remains open .

untill the background investigation is completed , we cannot move forward on your case , these background checks are requird to be completed in all applicants who apply for the immigration benefit you are seeking .we will make every effort to to make a decision on this case as soon as background checks are complete, if you don't receive any decision or notice of action from us within 6 months from this letter , please call customers service .

I want to ask what does that mean please ??

my I29 approved in 12 dec 2006

my interview was in 10 April 2007

221g issued and the file returnd back to approving office for reviwing

on other hand my I130 got approved at the same date 12 dec 2006

we applied for I824 get an action of approved case in 1 April 2008

we received a notice of action I797c in 23 july telling they receive our application and they will process it

im fully confused , I want to know what to do please .

Thanks in advanced

[morocco4ever 63]

Dear friends ...

i just received by my wife a letter from Chicago ,IL telling ...

the processing in your case has been delayed , Acheck of our records establishes that your case is not ready for decision , As requird investigation into your background remains open .

untill the background investigation is completed , we cannot move forward on your case , these background checks are requird to be completed in all applicants who apply for the immigration benefit you are seeking .we will make every effort to to make a decision on this case as soon as background checks are complete, if you don't receive any decision or notice of action from us within 6 months from this letter , please call customers service .

I want to ask what does that mean please ??

my I29 approved in 12 dec 2006

my interview was in 10 April 2007

221g issued and the file returnd back to approving office for reviwing

on other hand my I130 got approved at the same date 12 dec 2006

we applied for I824 get an action of approved case in 1 April 2008

we received a notice of action I797c in 23 july telling they receive our application and they will process it

im fully confused , I want to know what to do please .

Thanks in advanced

It sounds to me as if you are on the final leg of the return process. Do you have either the senator or congressman in your wifes state involved? That would be helpful to a degree. I am not sure of the reason for your return, but it appears that whatever it was is requiring background checks on either you or your wife.

[bryonm4 0]

We were denied our K1 petition on Nov 28th and i'm coming here for help and advice and I have read some succes stories. Should I continue to fight the denial with my lawyers or the case worker my senators have? One of the case workers said they have never done this before so im a bit scarred to let her do it I was thinking the lawyers might be the best to go even though it was a lawyer that got me in this mess.

Also she is in Ho Chi Minh city so its hard to get a visa there I was thinking of either filing a new K1, K3 , or CR1 the lawyers I spoke with said you can do either one but I have a feeling they will deny another K1 not sure though. The reason they denied it was they didn't think it was a bonafide relationship and I only made one trip. If I file for a new K1 visa I will have more trips also we will have more proof as far as emails and she will be better at english so they can understand her better. Im just wondering if she goes to the second interview that it will be harder than it was in the first interview then we could have 2 denied visas going around. I want to do the K3 but I was told you have to spend 45 days over there to get married and I can't get that amount of time off from work unless I want to find another job and these are times I really can't do that

[charity&mounssaif 0]

my fiance had his interview today and got a 221g and neither of us is sure what for or what it means he had the nasty lady at the interview that everyone earned me about anyways his 221g stated this it say

221gwhich prohibis the issuance of a visa to anyone whose application does not comply with the provisions of the immigration and natoinality act or regulations issued pursuant thereto the following remarks apply in your case

moncef_ml: we will review doucments you have submitted during your interview and contact u when that review is complete

moncef_ml: and front case is marke *i

f you fail to take the action requested within one year following visa denial underer section 221g of the immigration and nationaly act section 223g of the act requires thatyour application de cancelled

some one help me im going crazy he said he dont think she asked for additional information she just gave him his passport and said we will call u

[MrsAmera 41]

It sounds like regular administrative processing.

[~kiyah~ 14]

He already has a denial on his record. When these are sent back it is sent to Washington, then they forward it to the NVC. They put a "fraud marker" on the case, and then they forward it to the service center that had originally approved it. If you cancel this and start over it will be approved at the USCIS, but when it gets to the consulate they already have record of the previous denial, and unless you have proof other than what was presented in the first interview they will simply deny it again. Beside, you aren't at the appeal level yet. That would only be necessary if they revoke the petition.

You can do what you want, but I have to tell you that I am not impressed at all with what your lawyer has said. I have learned a lot about this process, and I see holes in what he is saying. There are some articles by a lawyer about the return process. This one addresses the K-1 visa, but it applies as well to the CR1. A big difference is that the K-1 and the K-3 can expire. The CR1 does not.

http://www.ilw.com/articles/2006,0323-ellis.shtm

As for going to Canada, if this is something permanent it isn't such a bad idea. But I would certainly not drop the ball on this returned petition. If they send out the NOIR and you don't respond you will be in a difficult situation if you ever want you and your husband to live here in the US.

M4E is absolutely correct, you are not even at the appeal stage until after the petition has been officially revoked by the USCIS, and not everyone is eligible to appeal, the petitioner is notified with the official revocation letter whether this is even an option for them or not. Unless there is real evidence that fraud or misrepresentation has taken place, I wouldn't worry about needing to appeal a revocation. I would focus on the NOIR/NOID that will come your way.

Your husband already has a marker on his record, not just this file...this marker will follow him until this return is officially addressed and the marker removed by the USCIS. Also, you cannot cancel this CR1/IR1 and turn around to submit a new one, immigrant visa petitions do not work this way. Even if this did fly and get approved by the USCIS, rest assured it will come up at the new interview and the new file would also most likely be returned only causing you both further delays and the stress that comes with it.

As for your attorney requesting the pouch be sent through immediately, this is not even possible unless you can prove extreme hardship. An example of extreme hardship would be a life threatening medical reason your husband would be required to be with you for, and even that is subject approval by the director of the service center handling the case. I will say that I have seen this attempted 2 times in the past couple of years on returned immigrant visa petitions, but even those were extremely difficult to prove. The first one was denied, this caused even further delays on their review, and the second one took nearly 6 months for the expedition process, then even after the interview, the consulate sent them through 2 months of Administrative Processing before the visa was actually issued, the petitioner nearly died during this process, her medical reason really was life threatening. Fortunately she did not die, and they are together right now and are doing quite well.

I hate to put things like this, but there is no reason for anyone to be giving you false hopes such as "forcing your returned petition to be reviewed immediately" and any lawyer telling you this is merely telling you what you want to hear and most likely for the retainer fee they are requiring you to pay for their services. I would be very wary of any lawyer who is promising things such as this as well as charging a large retainer fee for a case such as this. I would seriously question whether they are even familiar with the return process at all. I have seen many many people waste their time and money on lawyers who have no idea what is going on let alone how to handle cases such as this, it only caused further delays and unneeded stress on valid relationships. There are not a huge amount of lawyers who actually specialize in this area of immigration law. They are out there however, and there are a few really good ones who know what they can and cannot do, they will be honest about it, and not charge you an arm and leg to do it.

I guess my point is there are not many loopholes for the petitioner, but there are many for the USCIS and the DOS. You will need to ride out the return process like everyone else unless you actually have an extreme hardship that can be proven and actually gets approved to expedite a review. I hate to see anyone being told there is a way to speed this up, there isn't. Unfortunately returns have no priority date, and are reviewed in the order received after new petitions have been adjudicated.

You can hire a lawyer, a good lawyer who specializes in this area will able to help you by providing the G-28 and writing a letter as well as give you advice on how to rebut and assemble the NOIR/NOID response, they are not going to be able to force the USCIS to review your case ahead of everyone else legitimately waiting their turn for review without an extreme hardship.

I would focus on what you have control over right now...prepare for the NOIR/NOID so you are ready to respond quickly when it comes. Continue to gather your evidence of relationship and marriage, continue to visit each other as much as possible. One thing the USCIS is going to look for in your rebuttal is proof of whether you have spent time together since the return, as well as new evidence not provided in the original petition.

There really is a wealth of information in this thread and from members who this issue has personally touched such as M4E, myself, Chi, and several others who have lived through this process and are together right now with their spouses.

If moving to Canada is an option for you both then maybe is it worth it to you, I would be sure to do thorough research on that before making that move. If you do decide to do this, it would be a good idea to also decide what is best to do with this petition especially if you expect to return to this country in the future with your husband on your arm.

I really wish you much luck, I hope I haven't come off as brash, or harsh as that is not my intention. I as well as others are really passionate about this issue because it personally touched our lives. We only want to share the information with those also touched by this issue, hopefully the information we have gathered actually helps someone else get through this hard process, and get through it with the end result being reunited with their spouse. This process tests the strongest of relationships, stay strong and continue to gather your evidence and prepare for the NOIR/NOID that will come. Don't let any lawyer promise you things such as forcing the USCIS to review your file immediately, that just does not happen. Take care.

~Kiyah~

[~kiyah~ 14]

my fiance had his interview today and got a 221g and neither of us is sure what for or what it means he had the nasty lady at the interview that everyone earned me about anyways his 221g stated this it say

221gwhich prohibis the issuance of a visa to anyone whose application does not comply with the provisions of the immigration and natoinality act or regulations issued pursuant thereto the following remarks apply in your case

moncef_ml: we will review doucments you have submitted during your interview and contact u when that review is complete

moncef_ml: and front case is marke *i

f you fail to take the action requested within one year following visa denial underer section 221g of the immigration and nationaly act section 223g of the act requires thatyour application de cancelled

some one help me im going crazy he said he dont think she asked for additional information she just gave him his passport and said we will call u

I agree, this does sound like administrative processing...unfortunately, the info underneath the required statement is open to whatever the CO has typed or hand written in. If the file was being returned, it would say so as they are required to notify the applicant of this intention in writing. Good luck to you, be patient...it will happen

~Kiyah~

[catknit 144]

Here is a link explaining a new protocol that is being/has been [i'm guessing based on how the embassy decides to word the denial] for K1 petitions - I got this from an excellent phone consult with an attorney yesterday:

http://www.dhs.gov/xlibrary/assets/cisomb_..._2008-05-23.pdf

The handful of us dealing with returned petitions from New Delhi have had a statement in the denial 221(g) similar to:

"The Consular Officer has not revalidated your petition because xxxxxxxxxxxxxxxxx, the petition has expired as of date xxxxxxxxxxxx and will be returned to the National Visa Center."

As such, the interpretation can be - regardless of service center - the petition is expired. USCIS should not do anything - no NOID, no follow up - nothing. At least that's what this link and the phrasing on the denial implies.

"For instance, K-1 petitions are temporally limited and may expire due to the passage of time.

According to 8CFR 214.2(k)(5), an approved K-1 petition is only valid for four months. Consequently, in a number of cases, the K-1 petition will have already expired by the time DOS returns it to USCIS. Once a petition has expired, it may not be reviewed by USCIS. Furthermore, Petitions for Alien Fiance(e) (Form I-129 F) returned from a Consulate, Embassy, or NVC after approval may not be revoked, as there are no provisions in the law or regulation for revoking the approval of an I-129F."

Just something that those of us struggling with returned petitions should know - this is from May 2008 and there is nothing stating that the procedures may not change yet again. But for now, this should be what is happening.

[morocco4ever 63]

Here is a link explaining a new protocol that is being/has been [i'm guessing based on how the embassy decides to word the denial] for K1 petitions - I got this from an excellent phone consult with an attorney yesterday:

http://www.dhs.gov/xlibrary/assets/cisomb_..._2008-05-23.pdf

The handful of us dealing with returned petitions from New Delhi have had a statement in the denial 221(g) similar to:

"The Consular Officer has not revalidated your petition because xxxxxxxxxxxxxxxxx, the petition has expired as of date xxxxxxxxxxxx and will be returned to the National Visa Center."

As such, the interpretation can be - regardless of service center - the petition is expired. USCIS should not do anything - no NOID, no follow up - nothing. At least that's what this link and the phrasing on the denial implies.

"For instance, K-1 petitions are temporally limited and may expire due to the passage of time.

According to 8CFR 214.2(k)(5), an approved K-1 petition is only valid for four months. Consequently, in a number of cases, the K-1 petition will have already expired by the time DOS returns it to USCIS. Once a petition has expired, it may not be reviewed by USCIS. Furthermore, Petitions for Alien Fiance(e) (Form I-129 F) returned from a Consulate, Embassy, or NVC after approval may not be revoked, as there are no provisions in the law or regulation for revoking the approval of an I-129F."

Just something that those of us struggling with returned petitions should know - this is from May 2008 and there is nothing stating that the procedures may not change yet again. But for now, this should be what is happening.

Thanks for the link Milo. Great work!

This gives the K-1 petitioners the right to file again. Word of warning however. Try to figure out why it was denied the first time so the second time you have your bases covered. I would submit this evidence with your next I-129f/I-130 petition so that it is addressed, and approved, so that the consulate will not deny it based on the same reasoning. This isn't always going to be easy if you don't know why it was denied. But I would make sure to make additional trips to visit to prove the sincerity of the relationship. I am all for getting married. They have to take the I-130 a little more seriously.

[Twisted K 2]

Here is a link explaining a new protocol that is being/has been [i'm guessing based on how the embassy decides to word the denial] for K1 petitions - I got this from an excellent phone consult with an attorney yesterday:

http://www.dhs.gov/xlibrary/assets/cisomb_..._2008-05-23.pdf

The handful of us dealing with returned petitions from New Delhi have had a statement in the denial 221(g) similar to:

"The Consular Officer has not revalidated your petition because xxxxxxxxxxxxxxxxx, the petition has expired as of date xxxxxxxxxxxx and will be returned to the National Visa Center."

As such, the interpretation can be - regardless of service center - the petition is expired. USCIS should not do anything - no NOID, no follow up - nothing. At least that's what this link and the phrasing on the denial implies.

"For instance, K-1 petitions are temporally limited and may expire due to the passage of time.

According to 8CFR 214.2(k)(5), an approved K-1 petition is only valid for four months. Consequently, in a number of cases, the K-1 petition will have already expired by the time DOS returns it to USCIS. Once a petition has expired, it may not be reviewed by USCIS. Furthermore, Petitions for Alien Fiance(e) (Form I-129 F) returned from a Consulate, Embassy, or NVC after approval may not be revoked, as there are no provisions in the law or regulation for revoking the approval of an I-129F."

Just something that those of us struggling with returned petitions should know - this is from May 2008 and there is nothing stating that the procedures may not change yet again. But for now, this should be what is happening.

This is excellent information, thank you for finding this out. I just let my SO know this (I know chatting while I am supposed to be working, shame on me, ) he is trying to check to see if there is anyway around this 30 day wait, then I will return a married woman. If not, then I will make another trip for marriage. 09/09/09 is looking really good, lol.