Returning Petitions to the United States via 221g

[Ban Hammer 13,342]

It definitely should be pinned!

fyi - it is pinned. do you understand what pinned means?

[morocco4ever 63]

Perhaps you can delete the posts that request that it gets pinned.

[tany1157 161]

I did try explaining earlier what pinned means, but with no sucess...

[LaL 418]

An interesting new post from Marc Ellis :

http://www.visajourney.com/forums/index.php?showtopic=245030

[sandraahmed 0]

<!--quoteo(post=3689739:date=Feb 4 2010, 10:23 PM:name=Twisted K)--><div class='quotetop'>QUOTE (Twisted K @ Feb 4 2010, 10:23 PM) <a href="index.php?act=findpost&pid=3689739"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->Extra, Extra!!! Read all about it!!!

<a href="http://www.visajourney.com/forums/index.php?showtopic=240528&st=0" target="_blank">http://www.visajourney.com/forums/index.ph...240528&st=0</a><!--QuoteEnd--></div><!--QuoteEEnd-->

I am still confused. Why is this forum here and not out on the main area? Are MENA ppl the only ones who get the Other box checked? I can find and read abt 221g and 212 under the Immigration and Nationality Act, but where in the INA is info abt Other box checked so I can read abt it?

This forum title is Replying to Returning Petitions to the US via 221g. So does the Other box fall into this category? I want to read abt the Other box info in the INA, where is it?

Hello again, I recieved this letter from USCIS

IS IT A GOOD THING OR A BAD THING??????

[tany1157 161]

Hello again, I recieved this letter from USCIS

IS IT A GOOD THING OR A BAD THING??????

It sounds like they let your petition expire. You are now free to refile. So it is good news that you know what happened to your petition, but now you need to start over again, either with a K-1, or get married and file for K-3 or CR-1. God Bless in your journey.

[Need2know 0]

My husband had his interview this morning, he was given his passport back and a 221g. The man who interviewed him did ask for his number and say we will call you when your visa is ready........I pray and hope. He said that he was asked where is your wife from, show me a picture of your daughter, what date did your wife visit Morocco and he looked at my 2009 taxes. My husband left with his passport and the 221g. Can anyone tell if this is normal, good, bad?

[~kiyah~ 14]

My husband had his interview this morning, he was given his passport back and a 221g. The man who interviewed him did ask for his number and say we will call you when your visa is ready........I pray and hope. He said that he was asked where is your wife from, show me a picture of your daughter, what date did your wife visit Morocco and he looked at my 2009 taxes. My husband left with his passport and the 221g. Can anyone tell if this is normal, good, bad?

This sounds normal, and like he is in administrative processing. However, the wording on the 221g is important. For those who have been approved pending background checks will say something like this: "Unable to issue the visa due to necessary administrative processing (background checks) in Washington."

If this is the case for his 221g, then this is good news, congratulations. Background checks will be performed in Washington, when those checks are completed, Casa will call him to bring in his passport so they can issue his visa. Patience is key, AP can take anywhere from 2 weeks to up to 2 years...the latter being rare.

What you can do while you are waiting is call the Department of State once a week to check on the status of the case. Here is the number: 202-663-1225. The DOS can tell you whether background checks are still beging performed or have been completed. If they tell you they have been completed, your husband should expect a call from the consulate within 2 business days.

~kiyah~

[~kiyah~ 14]

An interesting new post from Marc Ellis :

http://www.visajourn...howtopic=245030

Thank you for sharing this! While the differences between how CSC and VSC are handling returned K1s still remain, this does give petitioners a better process to follow when this happens to them.

~kiyah~

[Salima 0]

I support you 100%. This is exactly the situation me and my husband are in. He has been denied twice by the Consulate in Casablanca. This time we don't know why, the documents are back in the USA but we can't get any information until we receive notice by mail. I have gone to Morocco 3 times, the last time I went to the consulate but of course they would not receive me there.

I am at a loss, we have been trying to get him here since 2008. We have provided documentation for everything they have asked for when the file has gone for "further review". We need help but we don't know where to turn. Any advice or direction to someone who can help us is appreciated.

[morocco4ever 63]

I support you 100%. This is exactly the situation me and my husband are in. He has been denied twice by the Consulate in Casablanca. This time we don't know why, the documents are back in the USA but we can't get any information until we receive notice by mail. I have gone to Morocco 3 times, the last time I went to the consulate but of course they would not receive me there.

I am at a loss, we have been trying to get him here since 2008. We have provided documentation for everything they have asked for when the file has gone for "further review". We need help but we don't know where to turn. Any advice or direction to someone who can help us is appreciated.

I think for us to help us you would have to give us a little more information on your case. What type of visa are you applying for? When was it denied the first and second time. More details as to each interview. I have only seen this happen once before when they sent the same petition back a second time. I never did hear what happened to it.

[SweetHome_Alabama 5]

I support pinning this issue. We too will be going for an interview in Morocco within 3-4 months or sooner, and I have been following this issue and agree something needs to be done....Lisa

[Lover89 0]

hey our k-1 got refused on 5 pril and we want to know when can we file an CR1 (i know after marriage here ) i just want to know when we r free to file it if someone got wht i mean

[NigeriaorBust 4,087]

the key is why were you rejected ? Getting married in itself doesn't fix them not believing that you have a valid relationship or any other deficiency . In fact the second time through they will be twice as hard on you.l

[~kiyah~ 14]

This really all depends on why you were rejected, this is a fact. I am not a lawyer by any means, but if you weren't given some idea during the interview process, it would be extremely helpful for you to get this information.

If you don't have any idea as to why you were rejected by the consulate, my suggestion is to go through the entire K1 submission with a fine tooth comb, look at the details of your case, also write down every question you can remember from the interview, how you answered and how the consular officer responded even if there was no verbal response. Go through everything from an objective perspective (as if you were a consular officer) and try to identify anything, literally anything which could raise a red flag causing them to return your file.

This is not an absolute list, and every case really is different, a case may have one or more of these apply to them and they have no problems at the consular stage. However, basic high level red flags for this consulate (Casa) are as follows:

1. Declarations of love within days or weeks of the initial contact;
2. Proposals or discussions of marriage soon after initial contact;
3. Requests to the American to visit the foreign national's home country soon after the declaration of love or proposal;
4. Engagement following a short time from meeting on the internet;
5. Age difference with the American woman (petitioner) being significantly older;
6. Marriage during the first 'in person' meeting after a short engagement.

If you can identify possible red flags, and be prepared to address each one with a new spousal petition (up front in the original submission, don't wait until the interview!) and provide sufficient evidence of your relationship/marriage then you may be ok filing a new petition.

I would seek the consultation of a family immigration lawyer who can demonstrate they specialize in returned/denied petitions before making a final decision to either wait out the return process for the K1, or move forward by marrying and filing a new petition.

~kiyah~

Edited April 14, 2010 by ~kiyah~